Terms & Conditions

     Web Site Design Contract 

 

This is a legal and binding contract between creatiwebstudio.com and the Client :

 

Present WWW URL (if any): 

_____________________________________________________________ 

Username ___________________ Password ________________________ 

 

These are the terms of our agreement together: 

 

1. Authorization. The above-named Client is engaging creatiwebstudio.com, known as Developer,, as an independent contractor for the specific purpose of developing and/or improving a web site. The Client hereby authorizes Developer to access the above FTP account, and authorizes the web hosting service to provide Developer with "write permission" for the Client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorizes Developer to publicize their completed web site to Web search engines, as well as other Web directories and indexes. 

 

2. Standard Web Site Package:

 

Domain Registration: The Developer will secure a domain name for the Client at the Client’s request. All charges incurred in doing so will be billed to the Client as an addition to the base price contemplated by this agreement. These are Internic fees, and are not a source of income for the Developer.

 

If the Client already has a domain name, the Developer will coordinate redirecting the address to the new host. Should the Client desire a specific domain name, which is already owned by another party, negotiations for said domain name must be undertaken  by the Client.

 

Text.  Copy for web site must be supplied by the Client in a .doc format via disk or email attachment. Otherwise, if not supplied on disk or via email, there will be an additional charge for typesetting. 

 

Photos. Photos and other misc. graphic images must be supplied by Client.

 

Installation.  Finished site will be uploaded to Client’s hosting company. 

 

Cross Browser Compatibility. Our agreement contemplates the creation of a web site viewable by both Netscape and Microsoft Internet Explorer. Compatibility is defined herein as all critical elements of each page being viewable in both browsers. Client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions of Internet Explorer and Netscape are developed, the new browser versions may not be compatible. In the absence of a Maintenance Agreement time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.

 

 

3. Standard Web site Packages only. 

The content of the web pages will be supplied by the Client and executed as specified by the ordered website package. In case the Client desires additional work done beyond the original package, the Client agrees to pay Developer an additional fee - after a quote. Where custom graphic work (beyond the scope of the Package) is requested, it will be billed at the hourly rate specified below. 

 

4. Free consultation:

We include e-mail/phone consultation of up to 2 hours total general Internet orientation education, marketing strategy, web design consultation, and helping Clients learn to use the store software.

Additional education and consultation is at our hourly rate of  €100.

 

In case the Client decides to withdraw from the contract after the start of the work - all the work up to that point is to be paid by the Client plus all the consultation (after first 2 hours) are to be paid at our hourly rate of  €100. 

In case the site is ordered, delivered and paid the consultation hours are part of the quote. 

 

Product web pages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below.

       

 

5. Due dates :

Consultant agrees to deliver  as agreed upon in the Proposal.   Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.

     

 

6. Available Services :

    This agreement includes all the aforementioned services plus:

 

E-commerce. This custom package  contemplates the possibility of an e-commerce enabled site. If a shopping cart is required for the Client’s site, the charges for the shopping cart will be listed in the quote.

        

Merchant Account The Client will need a Merchant Account to enable the ability to accept credit cards online. Any charges necessary to secure the Merchant Account are chargeable to the Client.

        

Real Time Credit Card Processing.  If the Client has a high volume / high sales web site, real-time credit card processing will be desired. In this instance, the Developer will assist the Client in obtaining this service. Any charges related to this service are the responsibility of the Client as an addition to this agreement.

        

       

Databases. Costs for creation of a database will be specifically listed in the quote.

 

Training. The Developer will provide e-mail and telephone assistance to the Client’s designated representatives regarding management of the Client’s web site at a pre-negotiated rate.

 

7. Additional Expenses. Client agrees to reimburse the Developer for any critical 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.

 

 

8. Client Amends / Changes. Developer prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Developer's business. To that end, we encourage input from the Client during the design process.

 

The Developer understands, however, that Clients may request significant design changes to pages that have already built to the Client's specification. To that end, please note that our agreement does not include a provision for significant page modification or creation of additional pages in excess of our agreed design/pages. If significant page modification is requested after a page has been built to the Author's specification, we must count it as an additional page.

 

Some examples of significant page modification at the request of the Client include:

        

Developing a new table or layer structure to accommodate a substantial redesign at the Client's request.

Recreating or significantly modifying the company logo graphic at the Client's request.

Replacing more than 75% of the text to any given page at the Client's request. 

Creating a new navigation structure or changing the link graphics at the Author's request.

Significantly reconfiguring the Client's shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client.

        

If significant page modification is requested by the Client after the modification maximum has been reached a Change Request with estimated costs will be submitted for Client approval prior to changes being done. 

 

Moderate changes, however, will always be covered during our development of the site and also covered by our 6 months of free maintenance. 

 

9. Third Party or Client Page Modification. Some Clients will desire to independently edit or update their web pages after completion of the site.

 

Note however, Developer is not responsible for any damage created by the Client or agent of the Client. Any repairs required will be assessed at an hourly rate of €100. [1 hour minimum charge].

 

10. Web Hosting. The Client agrees to select a web hosting service based on the Developer's recommendations.

 

 

11. Maintenance Grace Period. This agreement includes minor web page maintenance to regular web pages (not store product pages) over a 6-months period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the Client or an agent other than Developer attempts updating the Client’s pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The 6-months maintenance period commences upon the date the Client signs this contract or the Client's implied conduct.

 

Changes requested by the Client beyond those limits will be billed at the hourly rate.

This rate shall also apply toward  additional work authorized beyond the maximums specified above for such services as: general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping Clients learn how to use their own web page editor, programming charges (if any) are included in this rate. 

 

 

12. Copyrights and Trademarks

The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer 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  Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. 

 

13. Assignment of Project. The Developer reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. The Developer warrants all work completed by subcontractors for this project. When subcontracting is required, the Developer will only use industry recognized professionals.

 

14. Age.  Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract in the State of Montana on behalf of the Client.

       

15. Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. 

        

Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material or use of those materials.

 

It is also understood that the Developer will not develop a pornography or warez web site for the Client. The Developer reserves the right to determine what is and is not pornography.

 

Developer does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free.  Developer is not be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Developers control.

 

16. Indemnification. Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Developer's development of the Client's web site. This includes Liabilities asserted against the Developer, it's subcontractors, it's agents, its clients, servants, 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 Client, its agents, employee or assigns.

        

Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

 

17. Rights Upon Termination of Agreement.  Developer shall transfer, assign and make available to Client all property and materials in Developer's possession or subject to Developer's control that are the property of Client, subject to payment in full of amounts due pursuant to this Agreement.

 

 

In the event the Client terminates this contract by registered letter within 30 days, 50% of down payment will be refunded. Work completed is deducted from 50% of the down payment, the balance of which shall be returned to the Client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract or implied conduct of the Client. 

 

In case the Client decides to withdraw from the contract after the start of the work - all the work up to that point is to be paid by the Client plus all the consultation (after first 2 hours) are to be paid at our hourly rate of  €100. 

 

Based on EU guarantee and withdrawal laws:  

The 14-day right of withdrawal does not apply to, inter alia: goods that have been produced by taking into account your specific needs (e.g. according to your measurements), goods that are goods made to order or clearly personalised – such as a tailor-made design, website, perishable or lose value with age, periodicals (e.g. magazines), audio and video recordings and computer software if their containers have been opened by the consumer, online digital content.

 

 

18. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce. 

 

19. Ownership to Web Pages and Graphics. Copyright to the finished assembled work of web pages and graphics produced by the Developer shall be vested with the Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.

 

Rights to photos, graphics, computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Developer and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.

 

20. Litigation.  Any disputes arising form this contract will be litigated or arbitrated in Komarno, Slovakia.  This agreement shall be governed and construed in accordance with the laws of the EU and Slovakia.

 

Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of both parties.  Any changes or modification thereto must be in writing and signed by both parties.

 

21. Payment of Fees.  A minimum deposit of fifty percent (50%) is required to commence work.

 

Fees to Developer are due and payable on the following schedule: 50% upon signing of contract, 50% at the completion of the web site.

 

All payments will be made in Euros. 

 

Developer reserves the right to remove web pages from viewing on the Internet (after 2 notices) until final payment is made. In this case a €150 reinstallation fee applies.

 

If a payment delay is anticipated, please contact the Developer immediately for an alternative arrangement.  In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This agreement becomes effective when signed or in implied conduct of the Client (order, acceptance of the Quote in case of tailored order). 

 

Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in Komarno, Slovakia, and any dispute will be litigated or arbitrated in Komarno, Slovakia.

 

 

 

22 Sole Agreement. The agreement contained in this "Web Site Design Contract" constitutes the sole agreement between Developer and the Client regarding this web site. Any additional work not specified in this contract/ quote is part of a different agreement. All prices specified will be honored for 30 days after both parties sign this contract or the implied conduct of the client.

 

This agreement constitutes the entire understanding of the Developer and Client. Any changes or modification thereto must be in writing.

 

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. 

 

 

On behalf of the Client (authorized signature): 

 

_______________________________________ Date ________________ 

 

 

On behalf of Developer (authorized signature) 

 

_______________________________________ Date ________________ 

 

 

 

 

 

 

 

About Creatiwebstudio

Creatiwebstudio is a design agency for webstore owners who would like to have not only a beautiful online store but want it to be built based on marketing principles.

The marketing tools we use are designed to reach higher sales and more trust and loyalty from the customers.

Our services

  • Custom online store
  • Online marketing consultancy
  • Creative counselling
  • Adwords campaign management

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