CreativelyWebbed Design Services Terms of Service

By paying this invoice, you are stating that you have read and agree to the following:

This is an agreement between Christine Leiberan-Titus of CreativelyWebbed, hereafter referred to as "Consultant" or "CreativelyWebbed" and XXXXXXXX hereafter referred to as "Client" for graphic design work or website design work as detailed above.

The total payment for this design work is $XXX.XX. Final payment will be expected XXXXXXXXXXXX. Design work from CreativelyWebbed can take 2-4 weeks from the date of payment in full. Please allow 3-4 extra weeks for logo design. Most work takes signifigantly less time than this, we just want to make sure that there is ample time allowed. The designs will be relinquished and/or set up on the server when completed and/or payment in full has been received.

Consultant will make every effort to meet agreed upon due dates and in a timely manner. For design work to be completed in a timely manner, all requested materials must be received as soon as possible. Please email them to cs@creativelywebbed.com. Requested materials for this design include: (listing of requested materials)

Failure to submit requested materials will cause subsequent delays in production and delivery of the agreed upon designs. Requested materials should be provided in electronic format. Materials presented as hard copy or a format which cannot be used by the Consultant will require extra time, and will be charged an hourly rate of $35.00 per hour to put it in acceptable format.

PRIVACY & CONFIDENTIALITY:
The Client and Consultant may disclose confidential information under this Agreement. Confidential information shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information includes email addresses, passwords, usernames and credit card information.

DEVELOPMENT:
This Design Project will be developed to no specific standard nor does it conform to any particular www requirement. The Client has viewed CreativelyWebbed Websites prior to signing this document. (Portfolio here: http://www.creativelywebbed.com/portfolio/portfolio.php)

BROWSER 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. CreativelyWebbed represents and warrants that the web site we design for you will work in:

• Microsoft® Internet Explorer versions 6 and up
• Mozilla Firefox version 1.0 and up

While CreativelyWebbed will make reasonable efforts to design a fully-functional web site, the warrantee does not cover AOL, text-based browsers, e-commerce components, linked pages from 3rd parties, webcams, speed of page loading or requested special effects that we have advise you against.

Accessibility for People with Disabilities - No effort is made to be compatibile with any www standard related to web visitors with disabilities.

EXPENSES:
Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation).

ADDITIONAL SERVICES:
Changes in client input or direction or excessive changes will be charged at $35.00 per hour. Any work the Client wishes Consultant to create, which is not specified in the Services section of this agreement will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.

RESERVATION OF RIGHTS:
All rights not expressly granted in this agreement are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.

PERMISSIONS & RELEASES:
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

~ Publishing/Work-In-Progress: CreativelyWebbed may at it's sole descretion publish the in-progress Design Project in other than it's final form to allow the Client to view and approve the design in progress. This courtesy does not in any way alter the terms of payment or other terms of this agreement.

PUBLICATION:
The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Consultant will not use the name of Client, in any advertising or publicity without the prior approval from the Client.

COPYRIGHT:
The Copyright in the completed Website and the source code of individual pages is owned by the Consultant. After receipt of the final payment, the Designer assigns to the Client the right to use the completed Website as a Website without further payment. The copyright in individual items such as text, photographs, images etc. remains the property of their respective owners, and is not transferred to the Client. Uses other than as a Website require the consent of the relevant copyright holder.

TERMINATION:
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

REMOVING OUR LINK:
While we would prefer that the link to our website remain in the footer of the website, it is the Client's right to remove it. If Client hires another designer, they must fully redesign the site in able to to claim credit for the site- this means the entire layout, color scheme and graphics must be redone.

THIRD PARTY MODIFICATIONS:
CreativelyWebbed is in no way responsible for any services performed by another designer. If any modifications are made to the code or the designs, CreativelyWebbed will not be responsible for the site/design functionality nor will any upgrades be performed.

WEB MAINTENANCE:
Once the Client acknowledges that the design is complete, the Consultant may make Minor Changes to the design as requested by the Client for up to 30 days past acknowledgement. Minor changes does NOT include: replacing half or nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks and other add-ons, navigation structure changes, attempted updates by Client repairs.

Once the Website or Design has been acknowledged, the Client assumes all responsibility for the Design, it's use and any effects that come from it's use. The Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Design Project or any other services contemplated herein, and will hold harmless, protect, and defend CreativelyWebbed 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.

PROJECT DELIVERY:
The final site design will be uploaded to the Client's hosting server when it is finished. Other design services will be sent via email. If desired, the project can also be sent to the Client on a CD if requested.

LEGAL NOTICE:
Notwithstanding anything to the contrary contained in this contract, neither CreativelyWebbed nor any of its employees or agents, warrant that the functions contained in the Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Design Project is with the Client. In no event will CreativelyWebbed or it's agents 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 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 CreativelyWebbed has been advised of the possibility of such damages. CreativelyWebbed does not guarantee page download speed, website bandwidth levels, presence of firewalls, security of any type.

By remitting payment with this invoice, the Payer/Client hereby agrees to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.