1. The terms and conditions of this agreement govern website design projects that you, the customer, request The Design People,Inc. to provide. This agreement is effective beginning on the date it is executed by the customer.
2. Website Design & Production Rights
The Design People, Inc. retains the rights to all design options and proprietary programming provided to each customer pursuant to this agreement. The Design People, Inc. is not responsible for insuring that the images supplied, used, posted, displayed, or otherwise maintained by a customer are properly licensed or otherwise legal. The customer is responsible for securing the necessary right to use any and all images and materials on its website. The Design People, Inc. is not liable for the inappropriate or illegal use of any image used, posted, displayed, or otherwise maintained by a customer on its website. The customer is responsible for any and all liability and damage caused as a result of its inappropriate or illegal use of any image on its website. The Design People, Inc. is not responsible for any changes or amendments made by any third party, at any time, to a customer’s website. FTP access is not granted by this agreement.by this agreement.
3. Website Licensing/Maintenance/Hosting
The Design People, Inc. will license/host each website for a minimum of twelve (12) months from the date of sale. The hosting fee for the initial twelve (12) month period is non-refundable. Customer must provide a major credit card for all hosting agreements 3rd Party links/feeds are separate and should be paid to the chosen provider.
4. Website Maintenance and Technical Support
All monthly licensing/hosting packages include unlimited e-mail technical support and a one hour phone training session. Additionally, all monthly packages allow the customer to request that The Design People, Inc. make minor changes to its website. Minor changes include textual corrections, and logo or photo replacement. Minor changes do not include changes to color schemes, layout, or navigation features. Minor change requests normally will be completed within (2) business days of the date they are requested. The maintenance period begins upon project completion.
All sales are final. Cancellation prior to the initial design meeting will result in a 25% cancellation fee. After the initial production/design meeting, all set-up fees are non refundable. Cancellation requests must be made in writing. If a cancellation request is made during website production, the customer will be responsible for payment of all services rendered. Within thirty (30) days of receiving a written cancellation request, and only after payment of all outstanding balances, the customer will be provided with all completed artwork and design files if applicable Advantage and/or Custom designs were purchased. The Design People, Inc. will not provide any programming, HTML, or flash files to the customer at any time. If a customer cancels after the website has been published, The Design People, Inc. will archive the website files and the website may be reactivated at a later time for a reactivation fee.
6. Website Completion
The projected time of project completion of each website is based upon the assumptions that the customer will make all technical and graphic decisions within one (1) business day of submission and provide all requested materials within seven (7) days of contract signing. The completed website includes all un-published, completed projects (as defined by The Design People, Inc.) based on an approved sitemap. The Design People, Inc is not responsible for delayed payment for completed work due to client delays. Website launch requires written approval, via email, by the customer. All outstanding balances will be charged to the credit card on file upon website completion, or 45 days from the date of sale, whichever occurs first.
7. Additional Changes
Any additional changes in the structure of format, customization to templates, the structure of database, the flow chart, pictures, text, and any other unexpected modifications will result in additional custom design and/or web programming charges. Any changes made in separately from the estimated work, and any changes required after customer approval of the design, will be subject to a separate charge. Any additional hours spent on a customerís website pursuant to a signed order request will be billed at our standard rates in effect at the time the order request is signed.
8. Default in Payment
In the event of a default in payment, ownership of all copyrights and any original artwork created shall be retained by The Design People, Inc.
9. Search Engine Submission
The Design People, Inc. do not guarantee any specific search engine placement. Acceptance by any search engine is not guaranteed.
The terms and conditions of this agreement only apply to website design. Each customer is aware that other projects or services provided by The Design People, Inc. may be bound by separate terms and conditions.
11. Limitation of Liability
The Design People, Inc. does not warrant that the functions contained in the website will be ninterrupted or error-free. The customer assumes all risk as to the quality and performance of the website design project. The Design People, Inc is not liable to the customer or any third party for any damages resulting, directly or indirectly, from service interruptions caused by circumstances beyond its control, lost profits, lost savings, or other incidental, consequential, or special damages arising from the operation of, or inability to operate, a website, failure of any service provider, telecommunications carrier, Internet servers, computer, or Internet software.
13. This agreement is governed by the laws of the State of California.
The Design People, Inc.
1700 E. Walnut Avenue, Suite 240
El Segundo, California 90245