I, the undersigned, certify that I have read and accept, in full, the terms below.
“Client” refers to any reader, signer of agreements, user and/or payor of services provided by Company. “Company” refers to Aris Design, its successors and/or assigns including but not limited to XN Proprietary, Prescribed Madness Web Services, iCrackerjack Blogging Services, or Pixelyz Web Design, and 5noodle.
The named Client is engaging Company, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as “Project,” which may be installed on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as “Hosting Service” if required to perform services. If required to perform services the Client hereby authorizes Company to access this account and authorizes the Hosting Service to provide Company with full access to the Client’s account and any other programs needed for Project that are included as part of the Client’s service agreement.
2. Acceptable Use.
Client is prohibited from displaying any materials (text or graphics) which may be considered offensive, or is prohibited by law. Client is solely responsible for content and text displayed on website.
3. Copyright and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Company for inclusion in the web design project, or is displayed on Clients website(s) 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 Company and its subcontractors from any claim or suit arising from the use of such elements furnished or displayed by the Client.
4. Website Maintenance.
This agreement allows for any changes in text, graphics, coding, database, control panel or any other programs, technologies or elements pertaining to Client’s website, to be authorized by Client, and executed by Company. Site maintenance will be charged at current hourly rates.
5. Business Hours.
Business hours are Monday through Friday from 9am until 5pm Pacific Time except for National Holidays.
Turn times are calculated by Business Hours. Business Hours operate on the normal 24-hour time period of each day, starting on the first available Business Hour. For instance, if an email is sent by client at 6pm Pacific on a Friday, turn-times are calculated starting at 9am Pacific the following Monday (if that Monday is not a National Holiday).
Email and phone correspondence turn-times are 24 Business Hours. During times of high volume, turn-times may be longer. Company will make acceptable efforts to inform clients if turn-times are longer than normal.
Normal project turn-times are 72 Business Hours for small- to medium-sized projects. Large projects will take longer. Time estimates can be requested by Client in advance.
5c. Urgent turn-times: If a project cannot wait the normal 72 Business Hour period it is considered ‘Urgent’. Urgent requests will be completed as quickly as possible. Urgent fees apply.
Company and the Client must work together to complete projects in a timely manner. We agree to work expeditiously to complete projects no later than 45 days after the Client has submitted all necessary materials. Regular payments are required, and Client agrees to make payments every 30 days until Project is complete. If Project is not complete within 60 days after signing this agreement, an additional continuation fee may be assessed for each month until the project is published or the Client cancels the project in writing.
5e. Additional requests. Client may submit additional requests for web updates, site maintenance, or Project changes at anytime. Company will make a best effort to complete request within 72 regular business hours, Monday through Friday. If Client request requires completion before this time, or work on a Saturday, an Urgency Fee will be charged at a minimum 15% of regular invoice price.
6. Communication. Acceptable forms of communication are by phone call and email. Emails may be sent to or to your Project Manager. Phone calls are best scheduled in advance to assure Company can address the Client’s needs sufficiently. All communications are considered billable and may result in an invoice for the time and service rendered. Any communications outside phone or email, including but not limited to text messages or social network messages, are considered Urgent communications and will be charged additional fees.
7. Project Delivery.
Project delivery and completion shall be considered completed upon receipt of the payment associated with delivery — typically full payment. Delivery may be accomplished by publishing, electronic transfer, or physical media. The Client understands that Company may not be providing any hosting services in connection with this web design project, in which case: Hosting services may require a separate contract. The Client will be solely responsible for all hosting service charges. The Client assumes all responsibility for the use and functionality of the web design project.
If the Project Delivery includes publishing, Company will make a good faith effort to accommodate Client’s requested method of publishing.
9. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Company and its subcontractors from any claim, suit, penalty, tax or tariff arising from the Client’s exercise of Internet electronic commerce.
10. Web Design Project Copyright.
Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the Client once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the Client, and remain the property of their respective owners. Company and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Invoices are considered due upon receipt. Payments should be made promptly based on the agreed schedule. Delinquent bills can be assessed a $25 charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after its due date, an accumulative (compounding) 5% penalty may be added for each 30 days of delinquency. Company reserves the right to remove any web design project from viewing on the internet and replaced with a Company web page until final payment is made. In case collection or legal action proves necessary, the Client agrees to pay all fees incurred by that process as well as all late fees and penalties. All payments will be made in US $ funds unless agreed upon in writing by both parties.
Before starting any contract work, Client may request an estimate. The final cost of any work may be less, and shall not exceed 15% of the estimated cost. If unforeseen circumstances arise and contract work should exceed 15% of most recent estimate, Company will consult with Client before continuing work.
Company promises to create a quality product, and make a best faith effort to meet the Client’s requests. Should Company determine that Client’s demands become excessive, Company reserves right to add additional charges to estimated cost. Client will be notified before such action is taken.
Client understands and agrees that an estimate is only an estimate and does not constitute a guarantee, agreement or binding contract.
12. Legal Notice.
Company does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the Client. In no event will Company be liable to the Client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential 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 site visitor’s computer or Internet software, even if Company has been advised of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between Company and the Client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.
This agreement may be modified or amended at any time. Client acknowledges responsibility to check these Terms and Agreements before requesting new Projects.
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.
Company is not responsible for functionality of any affiliate’s products or services. All questions regarding affiliate products and services must be directed to affiliate through approved methods.
17. Waiver of Contractual Right.
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.
Any domain name procured directly by Company which expires without being renewed or transferred before the expiration date automatically becomes the property of Company and is subject to use as Company sees fit. Any content associated with that domain also becomes property of Company, and may be sold, auctioned, or otherwise treated at sole discretion of Company.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. Pacific Standard Time and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.
Company shall not be held responsible for spam filters enacted by Client or any email management systems. Client is responsible for ensuring Company is furnished with up-to-date contact information, and that management systems handle their communications properly. This is to ensure client receives communications and notices from Company in a timely manner.
Company promises to use techniques that are proven to increase traffic to websites. No guarantees are made regarding traffic, increase of traffic, or of sales retained by Client.
Cancellations must be submitted in writing. Company requires a cancellation notice in writing 24 Business Hours before the scheduled meeting or project time. Failure to give 24 Business Hours advance notice may result in the full charge for the canceled meeting or project at a minimum of $65.
Projects that are canceled while in progress will be charged for time rendered to the Client. Client agrees to pay any fees incurred and billed by Company in a timely manner.
20a. Rescheduling. Excessive rescheduling is considered an added service. Any meeting that is rescheduled more than twice will be considered excessive and will be charged $15 per each additional rescheduling.
Company agrees to keep all private and personal Client information — including but not limited to names, phone and fax numbers, email and postal address — completely confidential, except by express and written permission from Client. We appreciate your referrals, and ask that you refer people to www.ariswebdesign.com, or .
21a. Login information