WEB DESIGN TERMS AND CONDITIONS

Web Site Design Project Contract

1. Authorization.
The above-named Client (hereinafter referred to as "Client") is engaging ECMS Web Services as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes ECMS Web Services to access this account, and authorizes the Hosting Service to provide ECMS Web Services and its design staff with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes ECMS Web Services to submit the completed Web Design Project to major Web Search Engines.

2. Development.
This Web Design Project will be developed using Macromedia® Dreamweaver, FLASH or another HTML editor of choice.

* Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. ECMS Web Services represents and warrants that the web site we design for you will work in:
o Microsoft® Internet Explorer versions 5 and up
o Netscape Navigator/Communicator version 4 and up
o Mozilla Firefox version 1.0 and up

While ECMS Web Services will make reasonable efforts to design a fully-functional web site, ECMS Web Services's warranty does not cover AOL, text-based browsers or requested special effects that we have advised you against.

* For People with Disabilities – ECMS Web Services' standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

3. Assignment of Web Design Project.
ECMS Web Services reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.

4. Acceptance of Conditions:
The placing of an order will confirm acceptance of the aforementioned conditions. Conditions stipulated on our Order Form shall be regarded as void, if they are in conflict with our conditions.

5. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ECMS Web Services for inclusion in the Web Design Project 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, indemnify and defend ECMS Web Services and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

6. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages for the lifetime of your web site at a fee charge. Prices may vary according to the update package selected. No update packages include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette, U.S. mail and e-mail. The period of update services begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the $50.00 per hour rate. (Notice: This rate is subject to change at any time.)

7. Completion Date.
ECMS Web Services and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply ECMS Web Services with complete text and graphics content for this Web Design Project within 30 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by ECMS Web Services as liquidated damages and the contract shall become null and void, at ECMS Web Services' option, unless the Web Design Project is canceled in writing by the Client prior to 30 days of the effective date of the agreement.

8. Cancellations and Refunds.
Any cancelled work will only be refunded if cancelled before being posted on an active web site. Any refund authorized, will be calculated using the terms below.

Any work cancelled by the client after being posted to an active site may be considered for a partial refund at the sole discretion of ECMS Web Services

Once design work has commenced, the initial deposit of 50% is non-refundable. Notice of cancellation must be received in writing, and ECMS Web Services will invoice the client for any work completed for which compensation is not included within the aforementioned 50% deposit. The client agrees to accept responsibility for all work completed prior to written notice of cancellation being received by ECMS Web Services.

9. Project Delivery.
The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that ECMS Web Services does not provide any hosting services in connection with this Web Design Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows ECMS Web Services full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.

* Publishing:
o If the hosting service has FrontPage®98 extensions installed and the extensions are not configured correctly to support publishing/FrontPage®98 functionality, ECMS Web Services will not be responsible for problems arising from improperly installed FrontPage®98 Extensions.
o There is no charge to publish the site if the hosting service does not have FrontPage®98 extensions installed and ECMS Web Services must use an FTP.

10. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend ECMS Web Services and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

11. Web Design Project Copyright.
Copyright to the finished web design site produced by ECMS Web Services will be owned by ECMS Web Services. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. ECMS Web Services and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to ECMS Web Services' Design Services Web Site.

12. Payments.
Payments must be made promptly based on the terms of this Web Site Design Project. ECMS Web Services reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 30 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective by accepting and commencement of a Website Design project, the Client agrees that for purposes of venue, this agreement was entered into San DiegoCounty, California, and any dispute will be litigated or arbitrated in San Diego County, California and the Client hereby consents to the personal jurisdiction of the California State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.

13. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this agreement and the Package Price, Notwithstanding any prices listed in literature or on Web pages, the Client and ECMS Web Services agree that the services described in this contract, and the Package Price, shall be completed for the amount negotiated at the start of the Website Design Project. The Client agrees to pay to ECMS Web Services an initial, non-refundable deposit normally, 50% of the estimated total cost upon execution of this agreement. Final payment is due within 30 days prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.

14. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither ECMS Web Services nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will ECMS Web Services be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if ECMS Web Services has been advised of the possibility of such damages.

15. This Agreement.
This agreement constitutes the sole agreement between ECMS Web Services and the Client regarding this Web Design Project. Any additional work not specified in this agreement or any other amendment or modification to this agreement must be authorized by a written request signed by both Client and ECMS Web Services. All prices specified will be honored for 6 months upon commencement of the Website Design Project. Continued services after that time will require a new agreement.

Client hereby agrees 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 the parties.

 

TESTIMONIALS
As a start up company, it is very important to have all of our information technology tools running in a timely and precise manner. You made that happen for us. I was able to launch my businesses in an effective manner, servicing all of our clients in the most efficient and timely basis. I have no hesitation recommending ECMS Web Services,. You are responsive and efficient. ECMS is a true example of excellence. - Walter Wong - DRG Corporation
 
 
 
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