A+ Web Designers
Terms and Conditions
Please read these terms and conditions carefully, and keep for future reference.
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.
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.
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. There will be a $25.00 (Twenty Five Dollars) minimum fee to reinstate the website. In addition, 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.
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.
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 and/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
The Customer will have 1 week (7 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 charged at the hourly rate shown on the pricing page at www.apluswebdesigners.com. per hour or any 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.
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.
· Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of The Company.
The Customer will be held responsible for all the content in their website and for any claims or damages resulting from its content.
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 notice.