Agreement for Web & Graphic Design Services
This agreement is between ‘Client’ (Purchasee) and ‘Provider’ (GzP Designs/Grindahz Productionz LLC)
‘Client’ is engaging above named ‘Provider’, a sole-proprietorship, as an independent contractor for the specific project of developing a web site. The ‘Client’ hereby authorizes ‘Provider’ access and “write permissions” to all directories and files of this account.
2. WEB & GRAPHIC DESIGN SERVICES
‘Client’ understands that, unless otherwise stated, the ‘Client’ web design may be built using a third party template and may not be an original design. ‘Client’ further understands that said web design template may be used again in an unlimited amount of projects. Design to include web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links., CSS stylesheet and installation into client hosting.
‘Client’ understands that unless otherwise stated ownership of said web design and all its design files, is retained by ‘Provider’. Ownership is not affected by the number or length of payments received by ‘Provider’ from ‘Client’. Upon interruption of service web design files will remain in the ownership of ‘Provider’ unless otherwise agreed upon previously.
Minor updates and changes to web site at no charge for one month beginning when web site is transferred to the internet for public viewing. Minor changes are limited to: changing wording, or making general design or text corrections. ‘Provider’ hourly rates will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in purchase. Upon completion of first 30 days of service, client’s account will be allowed 5 free minor changes per month. Additional changes above 5 included changes will be charged at regularly stated hourly rate.
3. FEES & PAYMENT
All fees payable in US dollars.
Web Design cost is variable and based on individual design.
A down payment or full payment may be required prior to any work beginning.
Payments will be accepted via PayPal, Visa, Mastercard, Discover, and American Express. Credit Card transactions will appear as Grindahz Productionz LLC on credit card statement.
Suspended accounts are subject to a reinstatement fee of $15.
3-1. PAYMENT OPTIONS
Payment options are subject to additional fees detailed below:
- 1 Pay – $0
- 2 Pay Plan – $25
- 4 Pay Plan – $50
Additional feels are distributed throughout payment plan term, resulting in a higher total amount paid than a one time payment.
Clients who purchase web designs utilizing 2 Pay Plan or 4 Pay Plan payment options are required to have their web site hosted with GzP Design Hosting until final payment is made. Web owner is responsible for monthly hosting payments. Hosting plan prices may vary.
All payment plans are set for automatic recurring billing. Amount due will be deducted from your designated payment option every 30 days until the total payment is complete.
Upon completion of Pay Plan, the web owner has the option to continue hosting with GzP Hosting or move web site to hosting company of his/her choosing.
Hosting transfer service will be provided by GzP Designs free of charge if utilized within the first 30 days of Pay Plan completion. After the first 30 days, hosting transfer will be billed at current price.
3-2. REFUND POLICY
Refunds are offered in full within the first 30 days of payment if no work has been started on the project. Once work has begun on the project, the hourly rate of $35/hour will be deducted from the refund if refund is requested within the first 30 days of payment. After the first 30 days of payment a refund of 50% will be offered if no work has been completed on the project. If work has begun on the project and refund is requested after 30 days, there will be no refund available.
All refunds are issued on the first Monday of the month. If the first Monday is a recognized holiday, refunds will be issued on the next business day.
4. COPYRIGHT AND TRADEMARKS
The ‘Client’ represents to ‘Provider’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ‘Provider’ for inclusion in web site 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 ‘Provider’ from any claim or suit arising from the use of such elements furnished by the ‘Client’.
‘Provider’ guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Provider’ that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless ‘Client’ receives direct authorization from the 3rd party.
Copyright to the finished assembled work of individual web site produced and designed by ‘Provider’ is owned by ‘Provider’. This ownership is to include rights to the design, any photos or graphics supplied by ‘Provider’, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the ‘Client’ is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
All graphics, photos and text provided by ‘Provider’ are property of ‘Provider’ and may not be used in any media outside the signle web site without permission or transfer of rights specified in writing between ‘Provider’ and ‘Client’.
In the event that ‘Client’ or other agent acting on the behalf of the ‘Client’ accesses files and disrupts the layout or functionality of the web site, ‘Provider’ can work to get the web site back up and running at the regular hourly rate.
Under no circumstances, including negligence, shall ‘Provider’, or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ‘Provider’s’ 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 nature, communication failure, theft, destruction or unauthorized access to ‘Provider’s’ records, programs or services.
6. LAWS AFFECTING ELECTRONIC COMMERCE
The ‘Client’ agrees that the ‘Client’ is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ‘Provider’ and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s’ use of Internet electronic commerce.
7. AUTHORSHIP CREDIT
‘Client’ agrees that ‘Provider’ may put a small byline link on the bottom of their web page establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that ‘Provider’ will be notified of any design changes to this web site.
‘Provider’ may use ‘Client’ web site as a sample of work in print or through a web site link.
Provider’ may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Provider’ from such materials shall not be used, published or divulged by ‘Provider’ to any person, firm or outside source without the express written consent of ‘Client’.
10. ENTIRE UNDERSTANDING
This constitutes the sole agreement between the ‘Provider’ and ‘Client’ regarding its web design and graphic service. This agreement shall be governed and construed in accordance with the laws of the State of New Jersey.