We know these Policies are extensive, but that's the unfortunate nature of the world we live in. It's in everyone's best interest to read and understand these
Policies in their entirety.
These policies are in place to protect all involved parties. By going forward with this Project, the Client acknowledges and agrees to the terms of these Policies
in their entirety.
|OUR WEBSITE DEVELOPMENT POLICIES|
Effective: June 20, 2014
Today: May 30, 2023
The Client is engaging LakeShore Computer Technologies/WebSlingers Web Development (hereinafter referred to as "WebSlingers"), as an independent contractor for the specific purpose of developing a World Wide Website (hereinafter referred to as "Web Development Project") to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) server, hereinafter refer to as "Hosting Service", or provided on CD-ROM at the Client's option. The Client hereby authorizes WebSlingers to access this FTP account, and authorizes the Hosting Service to provide WebSlingers with full access to the Client's FTP account, and any other programs needed for this Web Development Project that are included as part of the Hosting Service.
2. BROWSER COMPATIBILITY AND ACCESSIBILITY FOR PEOPLE WITH DISABILITIES
Without sacrificing quality and design, we try to ensure that the content and functions we build into our websites are available to all visitors. WebSlingers represents and warrants that the website we design for you will work under the current and most recent versions of Microsoft Internet Explorer, Mozilla Firefox and Google Chrome.
While WebSlingers will make all reasonable efforts to design a fully-functional website, WebSlingers' warranty does not cover AOL, text-based or niche browsers, or any requested special effects that we have advised against.
3. WEBSITE DEVELOPMENT QUOTES
Website development quotes are effective for 14 calendar days from the date of submission to Prospective Client, and are non-binding. Pricing is subject to change depending on updates to the scope of the project.
4. AGREEMENT WITH TERMS
Client's Start of Work payment indicates that Client has read, understands and will comply with all terms of the Website Development Quote and all related Terms and Conditions.
5. ASSIGNMENT OF WEB DESIGN PROJECT
WebSlingers reserves the right to assign subcontractors to this Web Development Project if necessary.
6. COPYRIGHTS AND TRADEMARKS
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WebSlingers for inclusion in the Web Development 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 WebSlingers 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.
WebSlingers is not obligated to determine the ownership of elements furnished by the Client.
7. WEBSITE MAINTENANCE
This Contract does not allow for website maintenance after delivery to the Client. Website maintenance is available under separate Contract.
8. COMPLETION DATE
WebSlingers and the Client must work together to complete the Web Development Project in a timely manner. We agree to work expeditiously to complete the Web Development Project according to the development schedule specified in the WebSlingers Project Quote. If the Client does not supply WebSlingers with complete text and graphical content for this Web Development Project within 45 days of the effective date this Contract, the entire amount of the Start of Work payment shall be retained by WebSlingers as liquidated damages and the contract shall become null and void, at WebSlingers' option, unless the Web Design Project is cancelled in writing by the Client prior to 45 days of the effective date of the Contract.
WebSlingers will not incur any penalty due to any failure on the part of the Client or any other third party hired by Client, including but not limited to, e-commerce vendors, graphic artists, hosting services and
domain name registrars, which causes a delay or difficulty in executing the project. This could include failure to respond in a timely manner to questions or requests by WebSlingers to the Client or to any
third-party service provider.
9. PROJECT DELIVERY
Upon receipt of final payment by WebSlingers, the final Web Development Project will be published to the Client's selected hosting service, or delivered via CD-ROM at the Client's option.
10. WEBSITE HOSTING
Hosting services from WebSlingers are available, but are not automatically included in this Web Development Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows WebSlingers full access to the Client's account via FTP. The Client will be solely responsible for any and all hosting service charges. The Client understands that the success of this Web Development Project may be jeopardized if a third-party hosting service is unable to provide certain mainstream hosting features that may be required for the Web Development Project, such as (but not limited to) SSI, PHP, Perl, MySQL, SSL. Our Web Hosting Policies may be reviewed here.
11. DOMAIN NAME REGISTRATION
Domain Name Registration assistance is not automatically included in this Web Development Project. WebSlingers is not a domain name registrar, but provides assistance in registering and renewing domain names for the Client. Our Domain Name Registration Policies may be reviewed here.
12. 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 Web Development Project or any other services contemplated herein, and will hold harmless, protect, and defend WebSlingers and its subcontractors from any claim, suit, penalty, tax, fine, penalty, 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.
13. WEB DEVELOPMENT PROJECT COPYRIGHT
While the website is under development, copyright to the Web Development Project produced by WebSlingers will be owned by WebSlingers. The Client will assume full ownership and copyright privileges to the website once final payment under this Contract and any additional charges incurred have been paid.
Unless specified in writing, all rights to photos, graphics, original programming code (software, object code, digital programming, source code, et cetera), work-up files, and computer programs are specifically NOT transferred to the Client, and remain the property of their respective owners, including WebSlingers if applicable.
Third-party materials (e.g., fonts, scripts, and software) purchased or licensed by WebSlingers for this project will remain the property/license of WebSlingers unless the Client has reimbursed WebSlingers for costs incurred.
WebSlingers and its subcontractors retain the right to display graphics and other web design elements from this project as examples of their work in their respective portfolios.
All Web Development Projects will contain a copyright and/or legal statement with some manner of hyperlink to WebSlingers' website.
14. WEBSLINGERS' PROPRIETARY INFORMATION AND TRADE SECRETS
With the exception of WebSlingers trade secrets, if WebSlingers includes in this site any prior intellectual property that it owns and of which it wishes to keep ownership, WebSlingers may elect to give the Client a perpetual, irrevocable, worldwide, royalty-free transferable license to the same.
15. THE CLIENT'S PROPRIETARY INFORMATION AND TRADE SECRETS
WebSlingers agrees not to disclose or otherwise abuse any of the Client's proprietary information and trade secrets, as well as any sensitive information that might be collected about visitors to the Client's website.
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