Terms of Service
Authorization
The named client is engaging Better in Pink!, 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” to be installed on the client’s account on an Internet Service Provider (ISP), hereinafter refer to as “Hosting Service”. The client hereby authorizes Better in Pink! to access this account, and authorizes the Hosting Service to provide Better in Pink! 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. The client also authorizes Better in Pink! to submit the completed web design project to major Web Search Engines.
Development
Better in Pink! will guarantee that the web design project we complete for each client will work in the latest browser versions of Internet Explorer and Mozilla Firefox. Better in Pink! strives to create content that is functional and viewable to the great majority, which means we design to meet the needs of the web site consumer. Currently more than 75% of internet users view internet content using Internet Explorer and Mozilla Firefox. Additional platform testing and modification of website design to work in other platforms will require an extra fee. For the same reasons, Better in Pink! designs for the screen resolution 1024×768, as this is the current standard among internet content. Better in Pink! automatically takes all recognized steps to make your site accessible to those with disabilities.
Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Better in Pink! 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 Better in Pink! from any claim or suit arising from the use of such elements.
Linkbacks
The client agrees to have a small linkback to Better in Pink! placed on each of their web site pages. The client agrees not to remove this linkback unless images, text, content, design elements and code provided by Better in Pink! is removed.
Web Hosting
The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows Better in Pink! full access to the website via FTP. Better in Pink! offers web hosting services as requested, for which the following points apply. The client acknowledges that web hosting services are provided off-site and any downtime can not be anticipated, nor can Better in Pink! be held responsible for down time of your web site related to web hosting issues. Better in Pink! will provide the client with full customer support for provided hosting related issues during regular business hours. Better in Pink! reserves the right to terminate hosting services if payment for hosting is not made yearly or monthly, depending on the hosting package selected by the client, within 14 days of the due date. Better in Pink! can not be held liable for any loss or damage to data caused by server downtime or other unforseeable events. Better in Pink! will keep a copy of all original files for client sites for (1) year after completion. It is the client’s responsibility to regularly back up their website if content changes. Better in Pink! is proud to announce that we’ve had (0) downtime in the last one year.
Web Site Maintenance
Better in Pink! offers site maintenance at the current hourly rate. In addition, packages may be made available to keep a designer on retainer for specific maintenance. All maintenance payments must be received prior to any work completed.
Completion
Better in Pink! agrees to work with the customer to complete all web design projects in a timely manner. Better in Pink! will provide each client with a project completion date depending on the size, content and functionality requirements of the web design project as well as availablility of the designer. It is the client’s responsibility to provide content as requested in order to meet any completion timeline. If the client does not provide the needed content prior to the agreed completion date, payment in full is still due the designer. Better in Pink! can not be held to a timeline or be held responsible for damages to a business in regards to web design project completion if Better in Pink! was not provided content. Should the client be unable to provide content in a timely manner Better in Pink! may, at our discretion, choose to reschedule the web design project according to the designers availability. Better in Pink! reserves the right to terminate a relationship in which content was not provided in a timely manner. Should the client choose to reschedule the web design project, there will be a 20% fee for each week the web design project is in construction after the original project completion date. Once content has been made available to Better in Pink! and pages have been constructed with said content, content changes will be made at our current hourly rate, billed in 15 minute increments.
Project Delivery & Payments
Better in Pink! requires all web design projects be paid in two payments. A 50% retainer will be required prior to the start of all web design projects. Better in Pink! will be paid in full before delivery of the final product. Once full payment is received Better in Pink! will publish the web design project on the client’s hosting service and/or provide a CD of the content for an additional fee of $10 plus actual shipping.
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 Better in Pink! from any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet electronic commerce.
Web Design Project Copyright
Better in Pink! owns copyright to the finished web design site produced by Better in Pink! 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, sample files are specifically not transferred to the client, and remain the property of their respective owners. Better in Pink! retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Search Engine Submission and Meta Tags
Better in Pink! recognizes that search engine placement is important to our clients. Better in Pink! will, upon request, do some research as to the appropriate meta tags for each web design project and place them in the clients web design project pages upon completion. Better in Pink! will submit the web design project to seach engines upon request. However, Better in Pink! cannot be held responsible for search engine results.
Other Legal Stuff
Better in Pink! will do the best to our ability to provide a website that meets the needs of our client as expressed to us by the client, and to guarantee our work error free. Some errors are nearly inevitable, and Better in Pink! agrees to correct any content/linking errors recognized in the web design project for a term of seven days past completion. This includes typos, bad links, or viewing issues in current versions of Internet Explorer or Mozilla Firefox. This does not include replacing more than a paragraph of text, replacing images without typos or changing design or visual elements. Upon completion it is the client’s responsibility to identify any errors for Better in Pink! to correct. In no event will Better in Pink! be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This agreement becomes effective when the client retains the designer with a the initial retainer fee. The publication of the web design project and submission to search engines if requested will only be made after the final payment is submitted. All payments will be made in US $ funds.
