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We: Eye
Catching Web Sites
You: "CUSTOMER"
Agreement
This agreement represents the complete agreement and understanding between
Eye Catching web Sites, (hereinafter called "Eye
Catching web Sites") and the customer (hereinafter called "CUSTOMER") and supersedes any other written or oral agreement.
Placement of CUSTOMER Purchase Order (written or verbal) or submission of
pre-payment /payment shall constitute acceptance of these Terms and Conditions.
Service
Eye Catching Web Sites provides services in Web site design,
web
site maintenance, graphic design, custom programming, web consultation and
training to CUSTOMERS in exchange for payment of fees and compliance with the terms and conditions of this
document. Eye Catching Web Sites will create a web site to meet the requirements as outlined in the agreed specification of the project proposal and to perform this work to the standard of skill of a reasonably competent supplier of such services.
Eye Catching Web Sites does not provide tutoring on HTML coding, web site publishing or site
maintenance. We do not support third party software, e-mails or ISP
services.
Web site hosting
Eye Catching Web Sites offers web hosting plans. Customers can choose
their own web host or provide their own server. Customer shell inform Eye
Catching Web Sites
about their web host choice prior to building a website.
Domain
Name Registration and Management
Eye Catching Web Sites is not a
direct Domain Name Registrar. The web site requires a Domain Name registration and a separate contract with a Registrar.
Eye Catching Web Sites does not guarantee or control domain name prices.
Web
site ownership
When web site is completed
and paid for in full, it becomes a property of the Customer. Customer can
request one complete final copy of website at no extra charge. Additional copies of web site
can be ordered at $50 each. If web site is not paid in full, all
elements of custom design such as concept pages design, custom graphics, logos, layout, cods,
scripts, colors combination, title and meta tags, content created by Eye
Catching Web Sites remains the property of Eye Catching Web Sites, and cannot be
copied and used by the Customer for any application.
Charges
Eye Catching Web Sites will submit the quote for each CUSTOMER per project. We require
50% pre-payment with each order over $600 and 100% pre-payment for orders
below $600. Pre-payment is refundable, if order is cancelled within 24 hrs of
receipt. Written cancellation notice must be submitted to Eye Catching Web
Sites via Fax or
e-mail. If customer wish to cancel project development 24 hrs after order was placed, the customer will be charged for the
development and/or consulting time at the rate of $50 per hour.
The site will be published on our server for customer's review and approval. The site will
reside on our server for 5 days.
If customer requires. that project will be published on customer's server during
development stage, we require 100% pre-payment.
Web site maintenance / site modification orders must be 100% pre-paid.
Domain name registration and web site hosting require 100%
pre-payment. Domain name registration and web site hosting are not
refundable.
Remaining 50% of the quoted price is due after
completed project is approved by customer and prior to publishing it on the
customer's server. After project is paid in full, it
will be published on Customer's server within (2) business days. Eye Catching
Web Sites will
send written acknowledgment of full payment by Fax or e-mail.
Third party software purchased on behalf of the customer to support website
functions requires 100% pre-payment. Third party software orders
are not refundable.
Design Process
Web page demo will be developed for the customer
to choose colors,
pages layout, categories, links, etc. Eye Catching Web Sites will assist Customer in defining project
requirements (specification),
if needed. After project specification is defined and approved by customer, we will start working on the project. Change order to approved project specification will require a new price quote and timing.
Order Cancellation
Customer order (written or verbal) can be cancelled within 24 hrs of
receipt. Written cancellation note must be submitted by e-mail or Fax. Eye
Catching Web Sites
reserves the rights to charge customer for the web development and/or
consulting time at the rate of $45 per hr. Refunds will be made by check and
mailed to customer within 10 (ten) business days.
Approval By Customer
Completed project will
be published on Eye Catching Web Sites server (or Customer's server). The Customer agrees to
complete project review within (5) business days. If more time is needed to review the project,
please inform us in writing. After (5) business days, the project will be
removed from Eye Catching Web Sites server (or Customer's server). Customer can submit (1) written request
to content
change/modification without cost. Eye Catching Web Sites will make change/modification within (3)
business days after request for change is received. Change order to approved project specification
(layout, colors, images, links, graphics, logos) will require a new price quote and timing.
Completed and approved website will be published on Customer's server within (2) business
days after final payment is received. All subsequent changes after publishing on
Customer's server
will be treated as
modifications, which require a new price quote and timing.
If Customer will not reply to Eye Catching Web Sites within (5) business days after final
project was submitted for approval, the project is considered automatically
approved. Final invoice will be sent to the customer promptly.
Completion Time
Eye Catching Web Sites will build CUSTOMER web site according to the project specification and schedule. Lead time will be included in the project quote to CUSTOMER.
All customer's supplied material (pictures, images, graphic and text) must
be submitted to Eye Catching Web Sites within (5) business days after order is
placed. Eye Catching Web Sites will send a written confirmation to the Customer about the
project start day. Change order after project start day will
require a new price quote and timing.
Method
of Payment
We accept checks, money orders and PayPal. There will be a $50 charge for returned
or stopped checks.
Copyright
The Customer is unconditionally guarantees that any supplied material such as text,
graphics, photos, images, trademarks, or other artwork submitted to Eye Catching
Web Sites for
use on their web site are owned by the Customer. The Customer agrees to
hold harmless, protect, and defend Eye Catching Web Sites and its subcontractors from any claim
or suit arising from the use of Customer's supplied material.
Format of material
supplied by Customer
The customer shall supply
material in the following electronic format:
a) pictures, images, graphics must be
in .JPEG, .GIF or .PNG format;
b) text for the web site must be in. txt or MS Word format.
Files conversion to acceptable format will be charged
at the rate of $25 per hour.
If pictures / text are not available in electronic format, they will require
scanning and editing. Pictures scanning / editing, and text scanning / typing will be charged at
the rate of $25 per hour.
Submission
to the search engines
Eye Catching Web Sites manually submits
the web site to the major search engines and ODP. Search engines and ODP do not guarantee that web site will be listed or predict the time frame of the listing.
Search engines
optimization
Our unique search engines optimization method will help your site appear on
the top of the users search results. We cannot guarantee (nobody can) your web site
appearance in #1 place on all search engines. You can contact search engine's
sales department to ask about your advertisement options. Be advised that your web site may
disappear from the search engines listing due to the circumstances beyond our
control (for example, search engines changed the algorithm, your site was
inaccessible during crawling due to the server downtime or slow response, your
IP address changed, you moved site to another web host).
Due to the differences in search technologies, your site rank variation on
different search engines is normal. Ever changing Internet environment, search
engines technologies modernization, growing competition may effect your website
position in the future. We advise to do search engines evaluation and web site
adjustments on semi-annual or annual
basis.
Design Credit
A link to Eye Catching Web Sites site will appear in small type at the bottom of
each page of the customer's web site.
Post-Production Alterations
Eye Catching Web Sites will not accept responsibility for any
alterations made by a third party or by Customer to the web site once published
on the server. There is a $100 fee for re-publishing of web site to it's original
condition. There is a $200 fee for a backup copy of the web site from the
server. There is a $20
fee for a copy of any backup file.
Indemnity
The customer agrees to indemnify and hold harmless
Eye Catching Web Sites from any and all claims resulting from the customer's use of
Eye Catching Web Sites services which cause damage to the customer or third party.
General
These Terms and Conditions supersede any and all verbal or "handshake" agreements, representations, and understandings. The customer's
Purchase Order constitutes agreement to and acceptance of these Terms and Conditions.
Eye Catching Web Sites reserves the right to change these terms and conditions of acceptance.
Warranty
Eye Catching Web Sites MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICE IT IS PROVIDING, INCLUDING, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
Eye Catching Web Sites BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
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