Terms and Conditions
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.
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
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 is engaging WebShadows Design, a sole proprietor as an independent
contractor for the specific project of developing and/or improving a World Wide
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
client also authorizes WebShadows Design to publicize their completed website
to Web search engines, as well as other Web directories and indexes.
Copyrights and Trademarks:
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.
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
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.
Payment of 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
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
work outside this quote is to be billed at a minimum of 1/2 hour increments.
(Currently set at $79.00/hr)
7. Warrantee &
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.
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.
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