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Website Contract Terms & Conditions

Webmasters of Folsom

El Dorado Hills / Folsom
Roseville / Sacramento

Folsom, CA

916.705.5420 Cell
916.473-2188 Fax

Bob@WebmastersOf
Folsom.com

Who I Use
(Reliable Local Professionals)

 

1. Authorization
The named client is engaging Technology Handyman, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as "web design project" which may be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service" if required to perform services. If required to perform services the client hereby authorizes Technology Handyman to access this account and authorizes the Hosting Service to provide Technology Handyman 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.

2. Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Technology Handyman 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 and defend Technology Handyman and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

3. Web Site Maintenance
This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 month begins on the date the client’s web design site has been published to client's hosting service or 30 days from the date this agreement was signed, whichever comes first. If the client's web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and/or database structural changes will be charged at current hourly rates.

4. Completion Date
Technology Handyman 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 45 days after the client has submitted all necessary materials. If the client does not supply Technology Handyman with complete text and graphic content for this web design project within 60 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.

5. Project Delivery
The web site design project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer, or physical media. The client understands that Technology Handyman may not be providing any hosting services in connection with this web design project. Hosting services may require a separate contract. The client will be solely responsible for all hosting service charges. The client assumes all responsibility for the use and functionality of the web design project.

6. Publishing
If the Project Delivery includes publishing, Technology Handyman will make a good faith effort to accommodate client's requested method of publishing. Technology Handyman may use FTP to publish to the site. If publishing to a hosting service is not feasible the information may be delivered on diskette or CDROM.
Technology Handyman makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
Technology Handyman will submit a client’s website to multiple search engines as part of the design commission. If a client wishes Technology Handyman to promote a website as a separate commission, Technology Handyman will make every reasonable effort to promote the website effectively but cannot guarantee high placing in search engine results.
Technology Handyman can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s website.
Technology Handyman may initially place the client’s website on one of Technology Handyman’s demonstration servers during development in order that the client may view and comment upon the website’s progress. When both Technology Handyman and the client agree that the website meets the criteria agreed during the commissioning process, Technology Handyman will invoice the client for the full amount due for the commission. On receipt of payment, if not sooner, Technology Handyman will publish the website on the client’s server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload.

7. Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Technology Handyman and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.

8. Web Site Hosting
Web sites hosted by TechnologyHandyman.net are licensed per the terms of our hosting agreement.

9. Web Design Project Copyright
Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files, design layout and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Technology Handyman and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

10. Payments
Payments must be made promptly based on the agreed schedule. Delinquent bills can be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty can be added for each month of delinquency. Technology Handyman reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by an authorized representative Technology Handyman. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in Folsom, California, US and any dispute will be litigated or arbitrated in Folsom, CA, or Sacramento County, CA, US. Please pay on time. All payments will be made in US $ funds unless agreed upon in writing by both parties.
a) For web design projects, a 50% deposit is expected when ordering and the 50% balance at publishing.
b) For web design projects over $5,000.00, an agreement in writing, including  a down payment and payments by milestones will be made.
If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Technology Handyman judges to be proportional to the amount of work completed on the commission.
If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Technology Handyman will consider that the client wishes to cancel the commission.
Technology Handyman expects payment by check, credit card or cash within 14 days of the date on the invoice.

11. Legal Notice
Technology Handyman does not warrant 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 Technology Handyman be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential 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 site visitor's computer or Internet software, even if Technology Handyman has been advised of the possibility of such damages.

12. This Agreement
This agreement (in combination with the "deliverables" page) constitutes the sole agreement between Technology Handyman and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from the date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.

13. Amendment
This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.

14. Severability
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.

15. Waiver of Contractual Right
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.

16. Governing Law
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of California and the Federal Laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Sacramento County California and you irrevocably consent to the jurisdiction of such courts.

17. Notices
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to customerservice@technologyhandyman.net or authorized representative, in the case of notice to you, at the e-mail address provided by you in this agreement, in your WHOIS record for the website domain name or as updated from time to time. Mail shall be sent to Technology Handyman, 264 Thorndike Way, Folsom, CA 95630 and to you at the mailing address provided in this agreement or as updated in writing. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. Pacific Daylight Time and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.

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