Terms and Conditions

 

1.     Communications:

a.     All work is to be done at the express direction of the client with email confirmation. We cannot be held responsible for any miscommunication.

b.    Design revisions, including those which may require a fee adjustment, will be discussed with, and approved by, the Client.

 

2.     Hosting:

a.     Certain features may necessitate a different hosting solution. All efforts will be taken to keep the hosting at its current location but this will be determined and discussed at a future date.

 

b.    We will attempt to find the client the best hosting environment for systems that we create.

Any work resulting from hosting changes (either by the hosting company or the client) will be the responsibility of the client.

 

3.     Authorization:

a.     The client is engaging WebShadows Design, a sole proprietor as an independent contractor for the specific project of developing and/or improving a World Wide website.

b.    In the event the site is to be installed on the client's web space on a web hosting service's computer, the client hereby authorizes WebShadows Design to access this account, and authorizes the web hosting service to provide WebShadows Design with "write permission" for the client's webpage directory, and any other directories or programs which need to be accessed for this project.

c.     The client also authorizes WebShadows Design to publicize their completed website to Web search engines, as well as other Web directories and indexes.

 

4.     Copyrights and Trademarks:

a.     The client represents to WebShadows Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WebShadows Design for inclusion in webpages 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 WebShadows Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

b.    Copyright to the finished assembled work of webpages produced by WebShadows Design is owned by WebShadows Design. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to enhanced photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. WebShadows Design and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

 

5.      Laws Affecting Electronic Commerce:

a.     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 WebShadows Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

 

6.     Payment of fees:

a.       Fees to WebShadows Design are due and payable on the following schedule: approx. 50% upon signing of the contract and the remainder when the website has been constructed according to the client's written specifications. If the total amount of the contract is less than $500.00, the total amount shall be paid upon signing of the contract. In case the client has not secured web space on a web hosting service by the time the website is completed, the website may be delivered to the client on disk or attached as an e-mail attachment. Advertising the pages to Web search engines and updating occur only after the final payment is made.

b.       In order for WebShadows Design to remain in business, payments must be made promptly. Delinquent bills will 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 will be added for each month of delinquency. (unless otherwise agreed to in writing) WebShadows Design reserves the right to remove the website related to this quote 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 WebShadows Design. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Calgary Alberta Canada, and any dispute will be litigated or arbitrated in Calgary Alberta Canada. Please pay on time.

c.        All work outside this quote is to be billed at a minimum of 1/2 hour increments. (Currently set at $79.00/hr)

 

7.     Warrantee & Validity:

a.     There is no implied warrantee as to the effectiveness of any site or system created by WebShadows Design beyond reasonable aesthetic and functionality expectations. The entire risk as to the performance of the website is with client.

b.    In no event will WebShadows Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if WebShadows Design has been advised of the possibility of such damages.

c.     If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.