| Term of Services |
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Limitation of liability
a) WebToCreate (owners and/or staff) will under no circumstance be liable
for indirect, special, or consequential damages
including any loss of business, revenue, profits,
or data in relation to your use of the Web site.
b) In purchasing domain names and hosting on behalf of the
client, WebToCreate (owners and/or staff) is acting solely as the clients
agent and accepts no responsibility for legal
issues the client encounters from the misuse of
their domain and hosting. All domain and hosting renewal fees must be paid
by the client after the first year of service.
c) The Client agrees that they are not using, nor
intending to use, their website to conduct
business illegally in any way or perform
activities that violate their state , federal,
local, or international laws. WebToCreate (owners
and/or staff) cannot be
held liable for any legal issues the client
encounters from misuse of their website. It is the
responsibility of the Client to register their
business in accordance with their local city or
state tax laws.
Copyrights and
Trade marks
WebToCreate (owners and/or staff) is only
responsible for the technical development of the website and
the client must provide all content materials.
a) Client unconditionally guarantees that any
elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to
WebToCreate
(owners and/or staff) for inclusion in the Project are owned
by Client, or that Client has permission from the
rightful owner to use each of these elements, and
will hold harmless, protect, indemnify and defend WebToCreate (owners and/or staff) from any liability (including legal
fees and court costs), including any claim or
suit, threatened or actual, arising from the use
of such elements furnished by Client.
b) Upon delivery of project, client may not
modify, transfer or sell, reproduce, create
derivative works from, distribute, reverse
engineer or in any way exploit any of the design
elements created by WebToCreate (owners and/or staff), in whole or in
part, except as otherwise expressly permitted in
written agreement between the Client and
WebToCreate
(owners and/or staff).
Abuse through content
WebToCreate
(owners and/or staff) is only responsible for the technical
development of the website and the client must
provide all content materials. You agree that you
will not post any material which is false,
defamatory, inaccurate, abusive, vulgar, hateful,
harassing, obscene, profane, threatening, invasive
of a person's privacy, or otherwise in violation
of ANY law.
Completion Date
WebToCreate and Client undertake to work together
to complete Project within the timescale defined
in the specification. WebToCreate will inform
client on project progress and will always
endeavor to meet the defined milestones. Client
must also supply all source materials to
timescale, failure to provide source materials
within 30 days of the specified timescale will be
sufficient grounds for WebToCreate to cancel the
agreement and retain any down payment thus far as
cancellation fees.
Ongoing Maintenance
Three months of free, basic maintenance is
included with all WebToCreate website packages but
is not included with miscellaneous freelance work. WebToCreate cannot guarantee when updates that are
done for free will be carried out although I will
make every effort that these are done as quickly
as possible and usually within 24 - 72 business
week hours. Basic maintenance is limited to simple
changes such as content text, gallery photos or
minor additions. Basic maintenance does
not include changes to your website layout,
overall design graphics or implementation of new
functionalities that were not included with in
your original package. If you wish to add services
or have your website modified outside of basic
maintenance, you will need to pay my hourly
consulting rate or the individual price shown on
the packages page (if any) for the service or
element you want added.
Demo Website
During the course of development, WebToCreate will
provide a demo version of proposed website to be
approved by the Client. If you are not happy with
the design, WebToCreate will modify it based on
your feedback. If a final design cannot be agreed
upon, the Client will surrender all money paid
for the down-payment to cover the cost of work put
into the project, but will not be required to pay
the full balance. If this is the case you will not
be permitted to use any of the images, logos or
design elements created by us during this stage.
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