Terms and Conditions
1.Authorization.
The named Client (hereinafter referred to as "Client") is engaging typealice Design Studios or Gillian Hyde (hereinafter referred to as "typealice"), as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider(ISP)/Web Presence Provider(WPP) computer, hereinafter refer to as "Hosting Service". The Client hereby authorizes typealice to access this account, and authorizes the Hosting Service to provide typealice with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes typealice to submit the completed Web Design Project to major Web Search Engines.
2. Development.
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable extra effort. typealice represents and warrants that the web site we design for you will work in Internet Explorer, Netscape, Mozilla FireFox, and Opera. While typealice will make reasonable efforts to design a fully-functional web site, typealice does not guarantee that our designs will always work in AOL, text-based browsers or requested special effects that we have advise you against.
3. Accessibility for People with Disabilities.
typealice's standard is to meet as many of the currently recommended guidelines for web site development as possible. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
4. Assignment of Web Design Project.
typealice reserves the right to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
5. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to typealice 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, indemnify and defend typealice 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. Link Back and Credits.
Any design, production, development or technical support that is provided to the client or the client's website requires a reciprocal link on their website via graphic or text-link to typealice.com unless other agreements have been made. The client unconditionally guarantees that links back to typealice will remain on the site, preferably where the designer has placed them, until such a time that the design is no longer active and live to the Internet. Removal of this link and/or graphic is in violation of this agreement and subject to breach of contract.
7. Completion Date.
typealice 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 45 days after Client has submitted all necessary materials. If the client still has not submitted all the required contents within 60 days after agreeing to this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.
8. Project Delivery.
The final web site design project will be published to the Client's hosting service upon receipt of final payment upon the receipt of full payment. The Client understands that typealice 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 typealice full access to the Client's account via or FTP. The Client will be solely responsible for any and all hosting service charges. If the Client is interested in purchasing a domain, typealice recommends dreamhost.com.
9. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend typealice 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.
10. Web Design Project Copyright.
Copyright to the finished web design site produced by typealice will be owned by typealice. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to 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. typealice and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their portfolio. All Web Design Projects will contain a copyright/legal statement with a link to typealice's Design Services Web Site.
11. Payments.
Payments must be made promptly based on the terms of this Web Site Design Project. typealice reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. Delinquent bills will be assessed a $50 charge if payment is not received within seven (7) days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
This agreement becomes effective when client retains the designer with a deposit. Please pay on time. Adding of Meta Tags (Description and Keywords) and the submission of the web design project to Web Search engines and updating only occur after the full final payment is made. All payments will be made in U.S. Dollars unless otherwise specified and confirmed with typealice.
12. Rejection/Cancellation of Project.
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non-conformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney's fees in any action brought to recover payment under this contract or in which typealice may become a party by reason of this contract.
13. Proofing for Final Project.
The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
14. Confidentiality.
All correspondence and documents provided will be treated as confidential between the client and the designer, unless consent has been granted by both parties involved.
By paying typealice to perform web development/web design/graphic development you are agreeing to these terms in FULL.
