"Used by Ziotech"
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Web Design Services
The following agreement is by and between Ziotech International, Pennsylvania and (Client:)
____________________________________________________
of (Address:)
____________________________________________________
____________________________________________________
The following words used in context of the Service Contract are defined as follows:
"Provider": Ziotech International
"Client": The person or entity who is applying for Web Design Services
The Provider agrees to provide, and Client agrees to receive, access to Provider's web design services according to the following terms and conditions:
1. Services and Products:
a) The Providers service is provided on an "As is, As Available" basis. The Provider gives no warranty, expressed or implied, for the Web Design Services provided, including, without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of services by Provider or its providers beyond the fees paid by Client to Provider for services.
b) Client will use the Web Design Services in a manner consistent with any and all applicable laws of the Commonwealth of Pennsylvania and the US Federal Government.
c) While Provider shall make every reasonable effort to protect data stored on Client's Server(s); Provider is not responsible for Client's Data, files, or directories residing on Provider's equipment. Client is solely responsible for maintaining data, file, and directory structure backups.
2. Payment Terms:
a) 1/2 (one-half) of the Design Estimate is due upon signed approval & delivery of this Contract. Web Site Design services will not begin until Provider has received signed and dated contract. Deposits are non-refundable. A cancellation within 30 days will result in a credit for future services being issued. Once designed and upon payment of the Final Invoice the Client's Web Site will be uploaded to the World Wide Web (WWW).
b) Delinquent payments will be forwarded to a collection agency after a period of 30 days and subject to collection fees and a late payment fee of not more than 12% per year.
3. Trademarks and Copyrights:
a) Client warrants that it has the right to use the applicable trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in connection with Provider's promotion of, referencing of, cataloging of, or indexing of Provider's Web Design Clients.
b) Client hereby agrees that any material submitted for publication by Provider through Clients account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful.
4. Hardware, Equipment, and Software:
Client is responsible for and must provide or provide access to all telephone, computer, hardware and software equipment and services necessary to update or maintain the Web Site Design unless otherwise noted by Clients wishes to have Provider handle all future Web Site services. Provider makes no representations, warranties, or assurances that Client's equipment will be compatible with Provider's Services. Provider does not provide hosting services; if Client wishes Provider to maintain third-party web hosting agreements, Client agrees to pay Provider required web hosting fees in advance of web hosting fee due date.
5. Age:
Client certifies that he or she is at least 18 years of age.
6. Domain Registration:
Provider will secure a domain name for the Client at the Client's request.
7. Standard Hosting Service:
Provider will secure a hosting service account on behalf of the Client at the Clients request.
8. Internet Etiquette:
Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network provider or its customers may utilize.
9. Design Credit:
Client agrees that the Provider may put a byline on the bottom of their index.html or main.html page establishing design and development credit, and the web site created for the Client may be included in Providers portfolio.
10. Standard Web Site Packages only:
(Cross out this section for online stores.) The content of the Web pages will be supplied by the client and executed as outlined by the client on the "Web Site Planning Worksheet" dated ___________. Client's Web Site includes up to three Web pages. In case the client desires additional standard Web pages beyond the original number of pages specified above, the client agrees to pay Provider an additional $_______ for each additional Web page.
11. Maintenance Agreement:
If Client desires monthly maintenance this service can be added for a monthly rate of:____________ this agreement
covers such moderate changes as; changing prices, adding additional information, or moderate graphic changes. Substantial maintenance will be negotiated separately. "Substantial maintenance" is defined as changes requiring more than one-half hour to complete.
12. Assignment of Project:
Provider reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on time completion.
13. Termination:
Either party, without cause, may terminate this agreement by giving the other party 30 days written notice. Notwithstanding the above, Provider may terminate service under this agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement.
14. Limited Liability:
a) Client expressly agrees that use of Provider's services is at Client's sole risk. Provider, its employees, affiliates, agents, third-party information providers, merchants, licensers or the like, warrant that Provider's Web Design Service will not be error free; nor do they make any warranty as to the results that may be obtained from the use of the Web Design Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Providers Web Design Service, unless otherwise expressly stated in this agreement.
b) Client hereby agrees that any material submitted for publication on provider through Client's account(s) will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server(s). Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
c) Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from Client's publication of material or use of those materials. Client hereby agrees to indemnify and hold harmless the Provider in any claim resulting from the submission of illegal materials.
d) Under no circumstances, including negligence, shall Provider, its officers, agents or anyone else involved in creating, producing or distributing Provider's Web Design Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider's Design services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Provider's records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Provider's Web Design services.
e) Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid for Provider Web Design Services during the term of this Agreement and any reasonable attorney's fee and court costs.
15. Indemnification:
Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, ("Liabilities") asserted against Provider, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employee or assigns. Clients agrees to defend, indemnify and hold harmless Provider against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Provider's Web Design service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client has sold in the Web Design.
16. Completion Date:
Provider and the client must work together to complete the Web Site in a timely manner. Provider agrees to work expeditiously to complete the Web Site no later than_______________________________.
17. Web Design Grand Total:
as outlined on the Web Site Planning Worksheet, the Client and Provider mutually agree to design services total of $____________________.
18. Contract Revisions:
Revisions to this Contract will be considered agreed to by Provider and Client when 5 days written notice of requested changes have been signed by both parties.
19. Entire Understanding:
The agreement contained in this Contract constitutes the sole agreement between Provider and Client regarding its Web Design Service. It becomes effective only when signed by both parties. This agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Client Signature:
__________________________________________________________
Date:_________________________
Provider Signature:
__________________________________________________________
Date:_________________________
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Web Design