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Terms
and Conditions Please
read these terms and conditions carefully, and keep for future reference. 1.0 Introduction 1.1 General A+ Web Designers and/or Jeanie Stewart (hereinafter
referred to as “The Company”) provides Graphic Design,
Web Site Design, Maintenance & Updates and other similar services,
(hereinafter referred to as the "Services"). The Company reserves the right to suspend or
cancel a customer's access to any or all Services provided by The Company when the
company decides that the account has been inappropriately used or that these
Terms and Conditions have been broken in whole or part. These Terms and
Conditions supersede all previous representations, understandings or
agreements, unless specifically agreed otherwise by both Parties. All work is
carried out by The Company on the understanding that the client has agreed to The
Company terms and conditions. 1.2 Indemnification The Customer agrees that it shall defend,
indemnify, save and hold The Company harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable legal fees asserted
against, its agents, its customers, officers and employees, that may arise or
result from any service provided or performed or agreed to be performed or any
product sold by the Customer, its agents, employees or assigns. The Customer
agrees to defend, indemnify and hold harmless The Company against liabilities
arising out of any injury to person or property caused by any products sold or
otherwise distributed in connection with The Company limited; any material
infringing or allegedly infringing on the proprietary rights of a third party
or causing a copyright infringement and any defective products sold to customer
from The Company. 1.3 Governing Law This agreement shall be governed by the laws
of Cherokee County in the State of Texas. 2.0 Web Site Design Services All web design services provided by The
Company to the Customer are subject to the following terms and conditions. 2.1 Scope of Work and Price Agreement Charges for Services and what is included for
Services is provided on the Pricing Page of The Company website at www.apluswebdesigners.com. The
Company reserves the right to change prices at any time. Every endeavor will be
made to notify the Customer of any price changes. The Company will not be held
responsible if for any reason The Customer did not receive notification. 2.2 Payment Clause All services for new
websites to be prepared and/or designed by The Company require an advance payment
in full. Services
provided for existing customers for maintenance and updates are billed at the
hourly rate shown on the Pricing Page of The Company website at www.apluswebdesigners.com.
Invoices are provided for work performed on the 1st of the following
month. Payments are due by the 10th of the invoice month or a $10.00
(Ten Dollars) late fee will apply. 2.3 Default Accounts unpaid 30 (thirty) days after the
date of invoice will be considered in default. The Company will remove, without obligation of
notification, all material and graphics from the host server and internet. This
will include the removal of the Customer link to various other related business
websites. The Company is not responsible for any loss of
data incurred due to the removal of the service. Removal of such material does
not relieve the Customer of the obligation to pay any outstanding charges
assessed to the Customer's account. Customers with accounts in default agree to
pay The Company reasonable expenses, including legal fees and costs for
collection by third-party agencies, and removal of Customer link to various
other related business website incurred by The Company in enforcing these Terms
and Conditions. Upon receipt of amount due in full, The
Company will completely restore all material to the host server and internet.
The Customer will be responsible for any costs occurring for the time spent to
upload those files to the host server and internet as well and any other
service such as re-adding the Customer’s link to other business related
websites. 2.4 Termination The Company and the Customer have the right to
Termination of services at any time. Written notice is required of termination.
If the Customer account is in good standing
and there is no default on any invoices or account, all web site content, i.e.
text and images provided by, or entered into the system by the customer and/or
their clients, remains the property of the customer. The Customer can freely download all materials
and graphics from the host server and internet. Master files for graphics designed by The
Company remain the property of The Company. 2.5 Copyright The Customer retains the copyright
intellectual property rights to data, files and graphic logos that are provided
by the Customer, and grants The Company the rights to publish and use such
material. The Customer must obtain permission and rights for the use of all
information, content, images or files used on the web site and in other
graphic design media that are copyrighted by a third party. Should The Company, or
the customer supply an image, text, audio clip or any other file for use in a
website, multimedia presentation, print item, exhibition, advertisement or any
other medium believing it to be copyright and royalty free, which subsequently
emerges to have such copyright or royalty usage limitations, the customer will
agree to allow The Company to remove and/or replace the file on the site
without notice. The customer agrees to fully indemnify and hold The Company
free from harm in any and all claims resulting from the customer in not having
obtained all the required copyright, and/or any other necessary permissions. The Company retains
the copyright on any page design, layout, and graphics designed and/or
furnished by The Company until written notice is provided to relinquish said
rights. 2.6 Changes to Site You have 2 weeks (14 days) from launching of
the website within which to request minor amendments/enhancements to the
website and to correct errors free of charge. Thereafter all changes done by The
Company are currently charged at our hourly rate per
hour or part thereof. 2.7 Standard Media Delivery Unless otherwise
specified in the project quotation, this Agreement assumes that any text will
be provided by the Customer in electronic format (ASCII text files delivered on
disk or via e-mail) and that all photographs and other graphics will be
provided by the Customer and will be of sufficient or appropriate quality print
suitable for scanning or, alternatively, electronically in .gif, .jpeg, .png or .tiff format. The customer agrees to
supply The Company with all necessary materials, electronic, or otherwise,
required to create and complete the project, and to supply them in a timely
manner. Images must be of a
quality suitable for use without any subsequent image processing, and The
Company will not be held responsible for any image quality which the client
later deems to be unacceptable. The Company cannot be held responsible for the
quality of any images which the client wishes to be scanned from printed
materials. Additional expenses
may be incurred for any necessary action, including, but not limited to,
photography and art direction, photography searches, media conversion, digital
image processing, or data entry services. Although every reasonable attempt shall be
made by The Company to return to the Customer any images or printed material
provided for use in creation of the Customer's Web site, such return cannot be
guaranteed and it is the responsibility of the Customer to retain the original
or a back-up copy or to employ suitable Disaster Recovery procedures. 2.8 Post-Placement Alterations The Company cannot accept responsibility for
any alterations caused by any other party to the Customer's web site once
installed. Such alterations include, but are not limited to additions,
modifications or deletions. Content should not include any text, images or
other data which it deems to be immoral, offensive, obscene or illegal. All
advertising material must conform to all standards laid down by all relevant
advertising standards authorities. The Company also reserves the right to
refuse to include submitted material without giving reason. Any images and/or
data that The Company does include in all good faith, and then finds out that
it contravenes these Terms and Conditions, the customer is obliged to allow The
Company to remove the contravention without hindrance, or penalty. The Company
is to be held in no way responsible for any such data being included. 3.0 Web Site Services All web site support provided by The Company to
the Customer are subject to the following terms and conditions and supplement
our standard terms and conditions above. 3.1 Content The Company reserves the right to refuse services
to anyone should it decide that the account has been used inappropriately or
otherwise. The Company will not allow any of the following content: Illegal Material -
This includes copyrighted works, commercial audio, video, or music files, and
any material in violation of any International, National, or Local Government
regulation.
The Customer will be held responsible for all
the content in their website and for any claims or
damages resulting from its content. 3.2 Disclaimer The
Company will not be responsible for any damages your business may suffer. The
Company makes no warranties of any kind expressed or implied for services we
provide. The Company disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays, copyright
infringements, non-deliveries, wrong delivery, and any and all service
interruptions caused by The Company and its employees or third parties. The
Company reserves the right to revise its policies at any time. We reserve the
right to cancel your account at any time without notice. We reserve the right
to amend and update these Terms and Conditions at any time without
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