| Agency Terms |
The named client is engaging ‘Us”, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as "web design project". If required to perform services the client hereby authorizes “Us” to access this account and authorizes the Hosting Service to provide “Us” with "full access" to 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’s approval for work to commence shall be deemed a contractual agreement between the client and “Us”. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts these terms and conditions.
“We” own copyright to the finished web design site produced. 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 and work-up files are specifically not transferred to the client, and remain the property of their respective owners. MacMillan Design & Photography and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a copyright with a link to MacMillan Design & Photography web site. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect to artwork, design and photographs, for use in the advertisement and/or site. The Advertiser/client must indemnify “Us” in respect of all actions; proceedings; costs demands and claims arising from any such breach.
All third party costs arising from the registration of a domain name shall be met by the Client.
“We” are not responsible for the client’s on-going web site promotion. The order in which websites are ranked in the natural search results is controlled by the search engines.
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then “We” will accept these changes with the provision that additional charges may have to be negotiated.
A maximum of two revisions to the DRAFT Website will be included at no extra cost to create the look and feel that is desired. Further revisions will be billed at an hourly rate.
This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 month begins on the date the clients web design site has been published to client's hosting service or 30 days from the date this agreement was signed, which ever comes first. Major page code changes will be charged at current hourly rates.
To remain efficient we must ensure that work we have scheduled is carried out in a timely fashion. On occasions we may have to reject other work and inquiries to ensure that your work is completed at the time arranged. “We” 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 30 days after the client has submitted all necessary materials unless otherwise specified. If the client does not supply “Us” with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. NOTE: Text content should be delivered as a Microsoft Word (or similar) document with the pages in this document representing the content of the relevant pages on your website.
On completion of work, the deliverables will be uploaded to the client area of MacMillan Inc. Server, or clients current web hosting account housed with MacMillan Inc.'s server, for approval. Upon approval by client and final full payment received, the deliverables will be uploaded to the client’s server, hosting site or provided on CD or DVD.
An initial payment is required before work can commence. After work commences this is non-refundable. Payment is currently accepted by bank check in US dollars, or we can initiate payments through Paypal or Credit Card. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $30.
Accounts that have not been settled within 30 days of our final invoice will incur a late payment charge of 5%, with minimum being $10.00, of the amount outstanding per month. |
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