Customers of Business Class Webs must agree to the following terms of service.
1. Authorization
The Client is engaging Business Class Webs, as an independent contractor for web and/or graphic design services.
2. Development
All projects will be developed using industry standard web development software and graphic design tools.
3. Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Business Class Webs for inclusion in the 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, indemnify and defend Business Class Webs and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
4. Website Maintenance
These terms allow for up to one hour of changes to your website, including updating links and making minor changes to a sentence or paragraph. Major page code and/or graphics changes and additions will be charged at the rates specified by Business Class Webs.
5. Project Delivery
The final project will be published to the web-server and/or the Client's own hosting service upon receipt of final payment, or delivered via CD-ROM upon the receipt of full payment. The Client may choose to select a third party hosting service, which is Windows based and which allows Business Class Webs full access to the Client's account. The Client will be solely responsible for any and all hosting service charges.
6. Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the project or any other services contemplated herein, and will hold harmless, protect, and defend Business Class Webs and its subcontractors from any claim, suit, penalty, tax, fine, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
7. Project Copyrights
The Client will be given rights to the project once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are not transferred to the Client, and remain the property of their respective owners. Business Class Webs and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
8. Payments
Payments must be made promptly based on the terms of the project. Business Class Webs reserves the right to retain any project until all payments are made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. Business Class Webs reserves the right to change prices without notice. Hourly rates will be charged at a minimum of one hour. All payments will be made in U.S. Dollars. Acceptable payment methods are Checks, Money Orders and Cash (do not send cash by mail). Credit Cards are NOT accepted.
9. Payment Schedule
Payment for services provided shall be made in accordance with the conditions contained in these terms. The Client agrees to pay to Business Class Webs an initial, non-refundable deposit of 50% of the estimated total cost prior to the beginning of the project. All initial quotes are estimates only and should not be taken as the final balance of the project. The final balance of the project will be determined after the completion of the project and after all adjustments have been made during work on the project. Final payment (including all hosting and domain fees) is due prior to publication and/or delivery of the project. All amounts must be in U.S. Dollars. Acceptable payment methods are Checks, Money Orders and Cash (do not send cash by mail). Credit Cards are NOT accepted.
10. Legal Notice
In no event will Business Class Webs be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond the reasonable control of Business Class Webs, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if Business Class Webs has been advised of the possibility of such damages.
11. This Agreement
This agreement constitutes the sole agreement between Business Class Webs and the Client regarding all projects and services.
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