
Please read our complete terms of use
for our designs. By contracting our services, you agree
to these terms and conditions.
Agreement for Web & Graphic Design Services
This agreement is between
'Client' (Purchasee) and 'Provider'
(Flying Orange Web Design)
1.
AUTHORIZATION
'Client' is engaging above named
'Provider', a sole-proprietorship, as an independent
contractor for the specific project of developing a web
site. The 'Client' hereby authorizes 'Provider' access
and "write permissions" to all directories and files of
this account.
2. WEB &
GRAPHIC DESIGN SERVICES
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Design to include web page layout
� placement of text, graphics/photos, navigation
links, external links and e-mail links., CSS
stylesheet and installation into client hosting.
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Minor updates and changes to web
site at no charge for one month beginning when web
site is transferred to the internet for public
viewing. Minor changes are limited to: changing
wording, or making general design or text
corrections. 'Provider' hourly rates will apply to
retyping of lengthy text, adding new text, adding
new pictures, adding new pages, or any other major
changes not included in purchase.
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'Provider' will provide all web
site files via e-Mail to 'Client' by request.
3. FEES &
PAYMENT
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All fees payable in US dollars.
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Web Design cost is variable and
based on individual design.
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A down payment or full payment
may be required prior to any work beginning.
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Payments will be accepted via
PayPal, Visa, Mastercard, Discover, and American
Express. Credit Card transactions will appear as
FOWD on credit card statement.
4.
COPYRIGHT AND TRADEMARKS
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The 'Client' represents to
'Provider' and unconditionally guarantees that any
elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to 'Provider'
for inclusion in web site 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 'Provider'
from any claim or suit arising from the use of such
elements furnished by the 'Client'.
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'Provider' guarantees that any
text, graphics, photos, designs, trademarks or other
artwork has received the proper rights and/or
licenses to be used on the web site. Use of 3rd
party graphical element may require a statement at
the bottom of the web page acknowledging the source
of the graphical element. It is agreed by both
'Client' and 'Provider' that such statement shall
remain on the web site so long as the graphical
element remains. Under no circumstances shall these
elements be used in any other media or marketing
outside the web site, unless 'Client' receives
direct authorization from the 3rd party.
5.
LIABILITY
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In the event that 'Client' or
other agent acting on the behalf of the 'Client'
accesses files and disrupts the layout or
functionality of the web site, 'Provider' can work
to get the web site back up and running at the
regular hourly rate.
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Under no circumstances, including
negligence, shall 'Provider', or any other company
involved in the creation, production or distribution
of the web site, be liable for any direct, indirect,
incidental, special or consequential damages that
result from the use of or inability to use the
'Provider's' services; or that results from
mistakes, omissions, interruptions, deletion or loss
of files or data, errors, defects, delays in
operation, or of performance, whether or not limited
to acts of nature, communication failure, theft,
destruction or unauthorized access to 'Provider's'
records, programs or services.
6. LAWS
AFFECTING 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 'Provider' and it's subcontractors from any
claim, suit, penalty, tax, or tariff arising from the
'Client's' use of Internet electronic commerce.
7.
COPYRIGHT TO WEB PAGES, DESIGN AND GRAPHICS
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Copyright to the finished
assembled work of web site produced and designed by
'Provider' is owned by 'Provider'. This ownership is
to include rights to the design, any photos or
graphics supplied by 'Provider', source code, and
computer programs specifically designed for this web
site. Upon full and final payment of this contract,
the 'Client' is assigned copyright to use as a web
site the design, graphics, and text contained in the
finished assembled web site.
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All graphics, photos and text
provided by 'Provider' are property of 'Provider'
and may not be used in any media outside the web
site without permission or transfer of rights
specified in writing between 'Provider' and
'Client'.
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Web Site files may be given to
'Client' on disk or other electronic media.
Possession of this disk by 'Client' does not
constitute ownership of all file contents by
'Client'.
8. INTERNET
ETIQUETTE
'Provider' is a developer of ethical
web sites. As such, 'Provider' will not design, promote,
or attach links to any site that includes adult content,
nudity, obscene language or that encourages or promotes
intolerance or discrimination of or towards people or
peoples of any race, color, sex, creed or religion. Nor
will 'Provider' design, promote or attach links to any
site that advocates, encourages or practices the
exploitation of any group or groups in society,
including, and in particular, children, the elderly or
the disadvantaged.
9. AUTHORSHIP CREDIT
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'Client' agrees that 'Provider'
may put a small byline link on the bottom of their
web page establishing authorship credit. In order
that Provider may remove their byline in the event
of the design being altered, it is mutually agreed
that 'Provider' will be notified of any design
changes to this web site.
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'Provider' may use 'Client' web
site as a sample of work in print or through a web
site link.
10. ENTIRE
UNDERSTANDING
This constitutes the sole agreement
between the 'Provider' and 'Client' regarding its web
design and graphic service. This agreement shall be
governed and construed in accordance with the laws of
the State of Minnesota.
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