Terms And Conditions

Terms and conditions:

1. AUTHORIZATION

Client (herein after referred to as “Client”) is engaging WebMagnet Designs as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as “Web Design Project.” This project will be published on the Client’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after referred to as “Hosting Service,” or provided on a disk per Client request.
The Client hereby authorizes WebMagnet Designs access to this account, and authorizes the Hosting Service to provide WebMagnet Designs’s designer, Rick Barrett, “full access” to the Client’s account for purposes only relating to the completion of the Web Design Project. Rick Barrett for WebMagnet Designs is also authorized access to any other programs needed for the Web Design Project that have been discussed and/or are included in the Client’s service agreement. The Client also authorizes WebMagnet Designs to submit the completed Web Design Project to major Web Search Engines for marketing purposes only.

2. DEVELOPMENT

This Web Design Project will be developed using Wix®, Squarespace®, Dreamweaver® and WordPress®.

3. ASSIGNMENT OF WEB SITE PROJECT

WebMagnet Designs reserves the right, and you hereby agree to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met with on-time completion.

4. COPYRIGHTS AND TRADEMARKS

The Client unconditionally guarantees that any elements of content, graphics, photos, designs, trademarks, or other artwork furnished to Rick Barrett and/or WebMagnet Designs for inclusion in the Web Design Project 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 Rick Barrett/WebMagnet Designs and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

6. WEB SITE MAINTENECE

This agreement allows for minor web site maintenance to pages for the lifetime of your web site at no charge, up to an average of one half hour per regular web page per week, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, scripting, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via disk, U.S. Mail and e-mail. If client makes changes to website themselves there will be a charge starting at $40 per hour to fix any mistakes. The period begins on the date the Client’s web site is available to be published to the Client’s hosting service. Major page code and/or graphics changes and additions will be charged at the $35.00 per hour rate. (Notice: This rate is subject to change at any time) Continuous maintenance will be billed when $250 has been reached. All payments, regardless of amount, must be made within 48 hours once changes have been completed.

6a. WEBSITE CHANGES AND WEBSITE MOCKUP

The Client is given up to 6 changes per website during the development process. The Client is given 3 sets of changes on the mock up or beginning, and 3 last set of changes at the end completion of the project. Changes are done in a numbered list in notepad, word document or Jing. The client has 6 business days to make 3 sets of changes. Please make sure all website content that is submitted to WebMagnet Designs, has been spelled checked and thoroughly read through first.

7. COMPLETION DATE

WebMagnet Designs and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 15 days after Client has submitted all necessary materials and website deposit. WebMagnet Designs will submit any images, content, products, info and such during the project time frame. If the client does not submit all the necessary images, content, products, contact info or any other articles by the completion date that will not hold up the final payment. Final Payment is due on the completion date and if client has not submitted all the necessary images, content, info, products and such, the client then has 15 business days to submit these articles. On the 16th business day all changes from there will be extra. If the Client does not supply WebMagnet Designs with complete content, graphics or anything for this Web Design Project after 30 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by WebMagnet Designs as liquidated damages and the contract shall become null and void, at WebMagnet Designs discretion, unless the Web Design Project is canceled in writing by the Client prior to 20 days of the effective date of the agreement.

8. PROJECT DELIVERY

The final web site design project will be published to the Client’s hosting. Final payment of website is due 48hrs after publication of website on clients server and or domain. The Client understands that WebMagnet Designs does not provide any hosting services in connection with this Web Design Project. Hosting services require a separate contract with the hosting service of the Client’s choice. The Client agrees to select a hosting service which allows WebMagnet Designs full access to the Client’s account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.

10. WEB DESIGN PROJECT COPYRIGHT

Rick Barrett and/or WebMagnet Designs owns rights to photos, graphics, source code, work-up files, and computer programs that WebMagnet Designs has provided until final payment is made. Once final payment is made client owns 100% of website files, images, coding, graphics, programs, scripts, plugins, themes and mockups. WebMagnet Designs kindly asks once all projects have been completed to change all passwords except FTP info for future work if desired. All Web Design Projects will contain a copyright/legal statement with a link to WebMagnet Designs Services Web Site.

11. PAYMENTS

Payments must be made promptly based on the terms of the Web Site Design Project. WebMagnet Designs reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 48 hours after completion and approval of the Web Design Project by the Client. After 48 hours and final payment is not made, there is a late payment charge. Once the 48 hour grace period is up, a charge of $50 PLUS and USA Web Development reserves the right to remove any non-paid work for pages, graphics, content, images, products, coding, plugins, and info. Client agrees to pay any/all fees (including all attorney’s fees and court costs) incurred by receiving payment. This agreement becomes effective only when signed by WebMagnet Designs/Rick Barrett and the Client. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Travis County, Texas, and any dispute will be litigated or arbitrated in Travis County, Texas and the Client hereby consents to the personal jurisdiction of the Texas State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of emails, contact phone number and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.

12. PAYMENT SCHEDULE

Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and WebMagnet Designs agree that the services described in this contract, and the Package Price, shall be completed for the noted price. The Client agrees to a two-step payment process
For clients paying with checks, the check must clear before work is started. Final payment is due 48 hours after publication and/or delivery of the Web Site Design Project.
All amounts must be in U.S. Dollars.

13. LEGAL NOTICE

In no event will Rick Barrett and/or WebMagnet Designs 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 Web 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 WebMagnet Designs has been advised of the possibility of such damages.

14. THIS AGREEMENT

This agreement constitutes the sole agreement between WebMagnet Designs and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and WebMagnet Designs. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.

The undersigned hereby agree to the terms and conditions and stipulations of this agreement on behalf of his or her organization or business.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.