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(similar to text) in standard formats including: JPEG, .GIF,
.BMP, .PNG. Other forms may be acceptable but with regards to
quality and ability to edit is not recommended.
T Gray will not design any sites that
promote illegal or immoral activities. tg reserves the right to refuse
any
design work or contracts.
Copyright
The CLIENT will obtain all rights of copy, authorizations,
and permissions for use of text, graphics, and logos. Violation of copyright
laws is serious business and every contract of page design, replacement, or
development will be regarded as a guarantee that such permissions have been
obtained. tg may request
proof of authorization.
Content is copyrighted to CLIENT, but the custom HTML
coding containing such content is and will be copyrighted to tg and may not
be distributed, modified or re-licensed without the express written consent
of tg.
Authorization
The CLIENT is engaging TG, a
sole proprietorship, as an independent contractor. If the
above-named project requires developing and/or improving a World
Wide Web site, if the above named CLIENT wishes to have TG install
the CLIENT's web space on TG’s web server, permission to do such is
granted. If the CLIENT prefers to have the site hosted elsewhere,
CLIENT hereby authorizes TG to access this account, and authorizes
the Internet Service Provider to provide TG with "write permission"
for the CLIENT's web page directory, cgi-bin directory, and any
other directories or programs which need to be accessed for this
project. The CLIENT also authorizes TG to publicize their completed
Web site to Web search engines, as well as other Web directories and
indexes, if this is included in the scope of the project.
tg will require authorization to access files on storage
servers. Access will be required to update, change, replace, or otherwise
modify existing web pages and will include ftp addresses, username, and
password information. CLIENT will need to provide such information for work
on all existing sites.
Removal Rights
All design Contract Agreements include "on demand" access
by tg. This Agreement grants tg the right to remove any content in part or
in full for failure to adhere to the terms of this Agreement including, but
not limited to, violating any licensing agreements or failure to pay fees
duly assessed.
Indemnifications
tg cannot and will not be held responsible for
modifications, alterations, or deletions made by any third party. Once files
are placed on server our responsibility for said files comes to a close.
CLIENT acknowledges and agrees that tg has no control over, and will not be
liable for, the unlawful acts of others who access CLIENTS installed and
publicly posted material.
Designer Brand
CLIENT agrees that a link will appear at the bottom of
the first page on the CLIENT site with exceptions to pages supplied by or
designed by others (pre-existing sites). Link will be in the form of a very
small graphic and/or text link.
Right of Refusal
tg reserves the right to refuse service for any content
deemed inappropriate, illegal, or immoral. tg also reserves the right to
refuse service to any CLIENT that would like maintenance to their site but
has had infractions of this Agreement.
Fees & Monies
A deposit of 50% shall be remitted upon
signing this contract. The remaining balance will be due thirty (30)
days after the acceptance of this contract, or when the site is
completed and launched (go-live), whichever comes first. All
payments will be made in U.S. funds. If paying by check, CLIENT
agrees that should the bank return the payment check for any reason,
CLIENT will be liable for any additional fees incurred by TG. CLIENT
further agrees that should the bank return CLIENT's check(s), for
any reason, TG will charge CLIENT a $30.00 fee and CLIENT will be
responsible for payment in full upon notification by client’s bank,
and/or TG.
Hourly Rate
Work under this agreement shall not be billed
as hourly work unless the contract is broken and the CLIENT requests
a refund. The hourly rate, if required, is $60/hour.
Initial Payment and Refund Policy
This agreement begins with an initial payment
of domain name registration fee, web hosting fee and 50% of the
projected project. The remaining balance will be due within 30 days
of the acceptance of the contract, or when the site is completed and
launched, whichever comes first. If the CLIENT halts work and/or
applies for a refund within 30 days, in writing to TG, work
completed shall be billed at the hourly rate of $60/hour, and
deducted from the initial payment, the hosting services will be
pro-rated, and the domain name fee, which is non-refundable, will
be deducted, the balance of which shall be returned to CLIENT. If,
at the time of the request for refund, work has been completed
beyond the amount covered by the initial payment, the CLIENT shall
be liable to pay for all work completed at the hourly rate stated
above. No portion of this initial payment will be refunded unless
written application is made within 30 days of signing this contract.
Internet Service Provider
The CLIENT
understands that any Internet Service Provider (ISP) services
require a separate contract with the ISP of the CLIENT's choice. The
CLIENT agrees to select an ISP or hosting service which allows TG
full access to the Web site and a cgi-bin directory via FTP or to
sign up for web hosting with company recommended by tg, or with tg
as the hosting company.
Submitted for Approval
tg will post all site work done to our server for review
by CLIENT. This will allow the CLIENT an opportunity to review the
appearance and content of scripted material. Unless tg is notified via
e-mail within ten (10) days of posting review, tg will consider the material
deemed acceptable by the CLIENT.
Posting to Server
Upon payment of balance, tg will post (install) pages to
CLIENT'S server (site location). This may take several days depending on the
setup times and server side changes that need to be made.
Service Interruptions
The CLIENT acknowledges and agrees that
tg cannot guarantee
constant service because of the variables involved. Circumstances beyond our
control, include but are not limited to service interruptions caused by Acts
of God, telecommunications system failures, and server problems.
Change Policy
Terms and conditions Agreement is subject to change
without prior written notice by tg (includes prices for services).
Governing Laws
This Agreement shall be governed by the Laws of the State
of Texas, which shall claim venue and jurisdiction for any legal motion or
claims arising from this Agreement. This Agreement is void where prohibited
by law.
Acceptance of Terms
Placing an order with contract for web page design with
tg will be regarded as acceptance of the above Terms and Conditions.
Placing an order with tg can be done initially by e-mail but must be
confirmed in writing, which will include a signed copy of these Terms and
Conditions.
Changes & Corrections
Once tg receives a signed copy of these Terms and
Conditions, tg will contact the CLIENT to finalize terms of service and
fees included by such.
Changes, corrections, and/or additions will be charged
separately and due upon receipt of the notification and prior to the changes
taking effect.
* If no changes are made to the web site.
copyright © 1999-2004 Terri Gray
for website problems, please contact:
tgraydesigns
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