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1. Web Hosting. The client understands that any web hosting services require a separate contract with a web hosting service. J.Zack Designs Inc. is not responsible for errors, bankruptcy, loss of html pages, database recovery, timeouts etc. that have to do with the host selected. The client agrees to select a web hosting service which allows J. Zack Designs Inc. full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the web hosting service's operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges. Please ask us for our recommended hosting company.
2. Completion Date. J. Zack Designs Inc. and the client must work together to complete the website in a timely manner. We will give you an estimated date of completion.
3. Payment of Fees. Fees to J. Zack Designs Inc. are due and payable on the following schedule: 80% upon signing this contract, 20% when the webpages have been constructed according to the client's original written specifications. If the total amount of this contract is less than $600, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on a web hosting service by the time the webpages are completed, the webpages may be delivered to the client on diskette or attached to an e-mail message. All payments will be made in US funds by check, money order or via paypal (preferred).
4. Assignment of Project. J. Zack Designs Inc. reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
5. Legal Policies. J. Zack Designs does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will J. Zack Designs Inc. or Jaclyn Czachorowski be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, health costs, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if J. Zack Designs Inc. has been advised of the possibility of such damages. If the client changes FTP connection username and passwords before final payment, it will be considered unlawful and legal action will proceed. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
6. Copyrights and Trademarks. The client represents to J. Zack Designs Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to J. Zack Designs for inclusion in webpages 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 J. Zack Designs Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
7. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic 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 J. Zack Designs and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
***8. Payment of fees. In order for J. Zack Designs Inc. to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 15% penalty will be added for each month of delinquency and the client will be sent to collections at Stevens & James. J. Zack Designs Inc. reserves the right to remove webpages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process in addition to the total amount owed. This agreement becomes effective when the client signs. Please pay on time. |
