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1. Authorization
The named client is engaging Computer Online Center, 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" which may be installed
on the client's account 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 Computer Online Center
to access this account and authorizes the Hosting
Service to provide Computer Online Center with "full access"
to the 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.
2. Acceptable Use
An acceptable use policy is part of these terms and conditions
of hosting any information associated with the domain name.
This is necessary because the proliferation of abusive
electronic mail and practices generated by a minority of
the Internet users can interrupt services. The exhibit
with the description of the acceptable use policy is posted
on our website and the exhibit is part of these terms and conditions.
3. Copyright and Trademarks
The client unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished
to Computer Online Center for inclusion in the web design project
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 Computer Online Center and its
subcontractors from any claim or suit arising from the use of such
elements furnished by the client.
4. Web Site Maintenance
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 the 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.
If the client's web design package includes database access using Server Side Script,
then very minor page code changes will be accepted under this maintenance plan.
Major page code and/or database structural changes will be charged a monthly service fee.
5. Completion Date
Computer Online Center 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 45 days after the client has submitted all necessary materials.
If the client does not supply Computer Online Center with
complete text and graphic content for this web design project
within 60 days of the date this agreement was signed, the entire
amount of the agreement becomes due and payable. If the client still
has not submitted all the required contents within 90 days after signing
this agreement, an additional continuation fee of 15% of the total
agreement price will be assessed for each month until the web design
project is published or the client cancels the web design project in writing.
6. Project Delivery
The web site design project delivery shall be completed upon receipt
of the payment associated with delivery. Delivery may be accomplished
by publishing or electronic transfer. The client understands
that Computer Online Center may not be providing any hosting services in
connection with this web design project. 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..
7. Publishing
If the Project Delivery includes publishing, Computer Online Center will make a good
faith effort to accommodate client's requested method of publishing.
In the event Computer Online Center is not able to accommodate the
request method of publishing the following statements apply. If the
hosting service has FrontPage 98 /2000 extensions installed, Computer Online Center
may use FrontPage 98/2000 to publish to the site. If the hosting service does not have
FrontPage 98 extensions installed, Computer Online Center may use FTP or SCP to publish
to the site. If publishing to a hosting service is not feasible the information may be
delivered via electronic transfer.
8. 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 Computer Online Center
and its subcontractors from any claim, suit, penalty, tax or tariff arising from the
client's exercise of Internet electronic commerce.
9. 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
customer 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. Computer Online Center and
its subcontractors retain the right to display graphics and other web design
elements as examples of their work in their respective portfolios.
10. Payments
Payments must be made promptly based on the agreed schedule.
Delinquent bills can be assessed a $15 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 5% penalty can be added for each month of delinquency. Computer Online Center reserves
the right to remove any web design project 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.
This agreement becomes effective only when signed by an authorized representative Computer Online Center.
Regardless of the place of signing of this agreement, the client agrees that for purposes of venue,
this agreement was entered into in Dallas, GA, US and any dispute will be litigated or arbitrated in
Dallas, GA, US. Please pay on time. All payments will be made in US $ funds unless agreed upon in writing
by both parties.
- 1. By web design projects under $250.00; payment by ordering
- 2. By web design projects over $251.00; 50% by ordering and 50% by publishing.
- 3. By web design projects over $400.00; agreed in writing a down payment and payments by milestones.
11. Legal Notice
Computer Online Center 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 Computer Online Center 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 Computer Online Center has been advised
of the possibility of such damages.
12. This Agreement
This agreement constitutes the sole agreement between Computer Online Center
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.
13. Severability
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.
14. Reliance on information
This Site may include inaccuracies or
typographical errors that may be corrected
as they are discovered at Computer Online
Center's sole discretion.
15. 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.
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