Terms and Conditions
All services provided by G.O.W.D. (GOWD) to the Customer are subject to the following terms and conditions.
1. Acceptance. A copy of these terms and conditions must be signed by all new customers at the time of submission of work to GOWD, indicating agreement to and acceptance of these Terms and Conditions.
2. Charges. Charges for services to be provided by GOWD are defined in the project proposal that the Customer receives via e-mail. All Web site design services require an advance payment of a minimum of forty (40) percent of the project proposal total when returning this signed agreement and before the work is supplied to the Customer for review. The remaining sixty (60) percent of the project proposal total will be due upon completion of the work. GOWD reserves the right to change the rates for ongoing maintenance services with thirty (30) days advance notification to the Customer. Payment for services is due by check, money order, or Company P.O. (with prior approval) and should be remitted to Gene A. Gunderson, Good Old Web Design, 198 Bass Street, Doyline, LA 71023.
3. Customer Review. GOWD will provide the Customer with an opportunity to review the appearance and content of Web site materials once they are completed. Such materials will be deemed to be accepted and approved unless the Customer notifies GOWD otherwise within ten (10) days of the date the materials are made available to the Customer.
4. Turnaround Time. GOWD will install and publicly post the Customer's Web site by the date specified in the attached project proposal, or if no such date is specified, within four weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer.
5. Payment. Invoices will be provided by GOWD upon completion of the work for Web site design services, and any maintenance services. The Customer may elect to receive either e-mail or hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of one and one-half percent (1.5%) per month of the total amount due.
6. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on GOWD's Web space, GOWD will, at its discretion, remove all such material from its Web space. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Checks returned for insufficient funds will be assessed a return charge of $25 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay GOWD reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by GOWD in enforcing these Terms and Conditions.
7. Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Legal Restrictions. GOWD's services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any state or federal statutes and/or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. GOWD reserves the right to refuse service to the Customer without providing reason or cause.
9. Copyright. Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants GOWD the rights to publish and use such material. Custom artwork and graphic logos designed by GOWD for use in the Customer's Web presentation will remain the property of GOWD; at its discretion, GOWD will grant the Customer rights to use such material in formats other than Web presentations. A separate agreement must be entered into, in the event that the Customer wishes to obtain all rights for custom artwork or graphic logos designed by GOWD. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting GOWD permission and rights for use of the same and agrees to indemnify and hold harmless GOWD from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Every contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to GOWD that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Standard Media Delivery. Unless otherwise specified in the project proposal, this Agreement assumes that all text will be provided by the Customer in electronic format (ASCII text files delivered on compact disk (CD) or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg or .tiff format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although every reasonable attempt shall be made by GOWD to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.
11. Design Credit. A link to GOWD will appear in either small type or by a small graphic at the bottom of the primary "home" page of the Customer's Web site. If a graphic is used, it will be design to fit in with the overall site design.
12. Access Requirements. If the Customer's Web site is to be installed on a third-party server, GOWD must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
13. Right To Pull. By signing this Agreement, the Customer agrees to give GOWD "on demand" access to the Customer's installed Web site, and further agrees that GOWD shall have the right to remove that site from public posting for failure to adhere to the terms of this Agreement, including violation of any licensing agreements or failure to pay fees duly assessed.
14. Post-Placement Alterations. GOWD cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.
15. Indemnity. The Customer agrees to indemnify and hold harmless GOWD from any and all claims resulting from the Customer's use of GOWD's services which cause damage to the Customer or a third party.
16. Disclaimer. GOWD makes no warranties of any kind, whether express or implied, for the services it provides. GOWD also disclaims any warranty of merchantability or fitness for a particular purpose. GOWD will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The Customer acknowledges and agrees that GOWD cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control.
17. General. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, save only for any exceptions specifically outlined in the project proposal. The Customer's signature below constitutes agreement to and acceptance of these Terms and Conditions. GOWD reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of the Customer's pages.
18. Governing Law. This Agreement shall be governed by the laws of Webster Parish in the State of Louisiana of the United States of America, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law.
I have read and understood the Terms and Conditions for service provided by Good Old Web Design, and agree to abide by them.
Company Name: _________________________________________
Gene A. Gunderson (WebMaster)
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