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Terms and Conditions Thank you for choosing Cloudburst Designs to design your website! My desire is to create a quality web presence for your company that meets with your approval. By engaging Cloudburst Designs to create and/or re-design your website, you agree to accept the following terms and conditions: 1. Authorization. You, the client, are engaging Cloudburst Designs, as an independent contractor for the specific project of developing and/or improving a website to be installed on the client's web space. Hereafter, the client will be known as the "Client" and Cloudburst Designs will be known as the "Designer." 2. Commencement of Work. Design work on the project shall begin after all text, images, digital files, and other materials and documents to be included in the website are delivered to Cloudburst Designs, and scope of the project is defined. An estimate of cost can be requested by the Client at this point. Down payment is required before any design work is started. (Check or money order). Down payment is deductible from final cost of project. Final payment is due upon completion of the project. If the project is designed in phases, payments will be billed as phases are completed. 3. Copyrights and Trademarks. The client represents to Cloudburst Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Cloudburst Designs for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Cloudburst Designs and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. 4. Assignment of Project. Cloudburst Designs reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. 5. Billing. Design work shall be billed at $40 per hour, with a 1 hour minimum. This includes (if required): scanning graphics, photographs, and other images; image optimization; development of page layout; logo design; coding; programming. This also includes any redesign and maintenance (if desired) of website. Payments are due within 30 days of billing. A late charge of $15 will be added to outstanding bills after 60 days, for each 30 days that they are overdue. Non-payment for 60 days or more may result in website deactivation and / or deletion. 6. Additional Expenses. Client agrees to reimburse the Designer for any Client-requested expenses necessary for the completion of the project. Examples would be: • Purchase of specific fonts at the Client's request • Purchase of specific photography at the Client's request • Purchase of specific software at the Client's request • Any third-party services that the Client requests 7. Final Approval. A mockup or prototype of the project will be submitted to the Client for approval; if acceptable, all web site files and ownership of design will be transferred to the Client. The final payment will be due by this time. 8. Termination of Contract. If Client decides to terminate the project after work has begun, but prior to completion, the down payment will be non-refundable. Termination of contract must be made in writing to Cloudburst Designs. 9. Legal Stuff. Cloudburst Designs does not warrant that the functions contained in these web pages or the Internet website will meet the Client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the Client. In no event will Cloudburst Designs be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Cloudburst Designs has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 10. Copyright to Web pages. Copyright to the finished assembled work of web pages produced by Cloudburst Designs is owned by Cloudburst Designs. Upon final payment of this contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Cloudburst Designs and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. Some scripts of third parties are used by Cloudburst Design on web pages. In that case all the copyrights of the authors or owners of those scripts are valid. Certain HTML links in coding may lead to resources located on servers maintained by third parties over whom Cloudburst Design has no control. As such, Cloudburst Design makes no representation as to the accuracy or any other aspect of the information contained on such servers. |
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