- Authorization: The client is engaging Z-WEB Enterprises (hereafter referred to as Z-WEB), as an independent contractor for the specific project of developing a World Wide Web site. This site shall be installed in the domain-name of the client, on an Internet Host Server, with Z-WEB establishing this account. Z-WEB shall maintain with the Host Server, the clients web site and all directories or files required for this project. The client authorizes Z-WEB to publicize the completed web site to FREE Web search engines, as well as other FREE Web directories and indexes. Only upon authorization of the client will Z-WEB publish to companies that charge fees.
- Web Site Additions: The content of the pages will be supplied by the client and executed as specified in the proposal. In event the client desires additional pages, graphics, photos or forms, beyond the original number specified in the proposal, the client agrees to pay Z-WEB an additional amount based upon actual time spent at the applicable hourly rate.
- On-Line Stores: (Disregard this section for Standard Web page packages) The text and graphic content of the Web pages will be supplied by the client and executed as specified in the "Proposal". Product pages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for based upon actual time spent at the hourly design rate.
- Maintenance and Hourly Rate: These terms and conditions include page maintenance to update links and make minor changes for a period of 30 days after the site is uploaded and on-line. It does not include removing nearly all the text from a page and replacing it with new text, or adding completely new pages. Time required making substantive changes after the pages have been constructed, or requests by the client beyond the 30-day limit shall be billed at the applicable hourly rate. The web hosting fee is collected in advance on a quarterly or annual basis.
- Domain Names: Z-WEB shall register the new domain name or process transfers for existing domains for the client, and process all documents required by the domain registration company. Z-WEB shall be the Administrative Contact for all web site questions or comments.
- Completion Date: Z-WEB shall work expeditiously to complete the web site no later than indicated within the proposal and after receipt of the deposit. To avoid additional fees or delays, the client must supply Z-WEB the complete text and graphics content for the web site at the time of proposal signing Z-WEB reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
- Payment of Fees: All fees payable to Z-WEB are due per the proposal and upon acceptance of said proposal. Registering your web site to the major "Search Engines" shall occur only after the final payment is made. All payments are to be in US funds.
- Legal: Z-WEB does not warrant that the functions contained in the web pages, or the Internet Web, will operate uninterrupted or error-free. In no event, will Z-WEB be liable to the client or any third party for any damages. This includes any lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or web site, even if Z-WEB has been advised of the possibility of such damages.
- Copyrights and Trademarks: The client represents to Z-WEB and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Z-WEB for inclusion in the web pages are owned by the client. The client also states that permission has been granted from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Z-WEB and its subcontractors from any claim, or suit arising from the use of such elements furnished by the client.
- Laws Affecting Electronic Commerce: Occasionally, governments may enact laws and levy taxes and tariffs affecting Internet Electric 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 Z-WEB and its subcontractors from any claim, suit, tax or tariff arising from the clients exercise of Internet Electronic Commerce.
- Copyright to Web Pages: Copyright to the finished assembled work of web pages produced by Z-WEB is owned by Z-WEB. Rights to photos, graphics and text supplied by the client, remain the property of their respective owners. Source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of Z-WEB. Z-WEB and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
- Collection of Fees: Payments must be made promptly. Delinquent bills will be assessed a 21% annual rate late charge if payment is not received within 15 days of the due date. If an account remains delinquent 30 days after its due date, Z-WEB reserves the right to remove all web pages from viewing on the Internet until final payment is made. Any account deactivated for non-payment, will require a $75.00 fee to re-activate the site. If payment is not made within 45 days from due date, then ALL files shall be removed permanently from the web server. In case collection proves necessary, the client agrees to pay all fees incurred by that process. The client agrees that for purposes of venue, this contract was entered into in Transylvania County, North Carolina USA, and any dispute will be litigated or arbitrated in Transylvania County, North Carolina USA.
- Sole Agreement: This contract constitutes the sole agreement between Z-WEB and the client regarding this web site. Any additional work not specified in the contract must be authorized by a written change.
- Refund Policy: If the client halts work and applies for refund within 30 days of proposal acceptance, apply to Z-WEB Enterprises, P.O. Box 1922 Brevard. Work completed shall be billed at the applicable hourly design rate and deducted from the initial deposit, the balance shall be returned to the client. If at the time of the request for refund, work has been completed beyond the amount covered by the initial deposit, the client shall be liable to pay for all work completed at the applicable hourly design rate. An itemized listing of hours and rates shall be given to the client for payment. Web Server setup and registration fees are non-refundable. Web Server rental fees for the applicable terms selected are non-refundable after the 30-day time limit. No portion of the deposit payment or monthly rental fee will be refunded unless written application is made within 30 days of the accepted proposal.
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