Wednesday, 12 March 2014 15:47

Terms of Use

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Thank you for choosing Gumboh web to handle your projects. The following agreement specifies theterms and conditions of this project.

1. Authorization. The above-named client is employing Gumboh Web, a freelance contractor, located at703 N 42nd St Philadelphia, PA 19104 , for the specific project(s) of Web Site Design.

2. Project Elements. Please review the approved Proposal and Estimate for the Project Details and Fees.

3. Maintenance and Hourly Rate. Tearms Of Agreement includes minor webpage maintenance for the first 7days after the website is completed, including updating links and making minor changes to a sentence or paragraph. It does not include drastic maintenance such as removing nearly all the text from a page and replacing it with new text. Changes requested by the client beyond those limits will be billed at the hourly rate of $50, with a one hour minimum per update. If you believe that your website will need to be updated frequently, please contact us for pricing of maintenance packages. This rate shall also govern additional work authorized beyond the maximums specified above for services such as general internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, photo editing, graphics services, and helping clients learn how to use their own webpage editor. Programming / Scripting charges are billed at the hourly rate of $50, with a one hour minimum per update.

4. Changes to Submitted Text. Please send us your finalized text. Time required to make substantive changes to client-submitted text after the web page has been constructed will be considered additionaltime and invoiced at the hourly rate of $50.

5. Web Site Hosting. Gumboh Web does not provide web hosting services, but can aid you in finding a host that suits your needs. If you are already hosting with a particular host you must provide me with FTP information so that I can transfer your data to your host. FTP information can be acquired by calling your particular host provider.

6. Completion Date. Gumboh web and the client must work together to complete the project specified above in a timely manner. We agree to work expeditiously to complete the project.


7. The client is responsible for supplying Gumnoh Web with complete text and the necessary items and graphics that are not developed by Gumboh Web for the web pages in a timely matter.
The client has 14 or days within the date of this contract (or other wise discuss ) to supply all information necessary to complete the website. If after 20 days or otherwise discussed Gumboh Web repersenitives  has still not received the information necessary to complete the project or additional days are not agreed upon, then the client is in breach of contract and shall lose 50% of the full deposited amount.

8. Assignment of Project. Karim Nash reserves the right to assign subcontractors to this project to
ensure on-time completion.

9. Limitation of Liability. In no event shall Gumboh Web 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 web pages or website, if Gumboh Web repersenitives  has notpreviously been advised of the possibility of such damages. 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.

10. Copyrights and Trademarks. The client represents to Gumboh Web repersenitives and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Gumboh Web for inclusion in the 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 Gumboh Web and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

11. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes
and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Gumboh Web and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

12. Client and Third Party Site Modifications. Gumboh Web is not responsible for any changes made to the site by any other party, or any non authorized agent. If the client or an agent other than Gumboh Web team attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate of $55, and is not included as part of the updating time.

13. Copyright & Ownership of Website & Domain. Copyright, ownership, and all rights of web pages, graphics, print templates, and text contained in the finished assembled website produced by Gumboh Web belongs solely and exclusively to the clients upon final payment of agreement contract. Rights to photos, graphics, source code, work-up files, and computer programs are specifically transferred to the client, and remain the property of their respective owners. Any licensed software not developed by Gumboh Web (such as CGI, Pearl, PHP scripts) may be owned by another software company that has granted Gumboh Web the right to initiate it into the client’s website, and does not grant the client ownership of the script. Gumboh Web and its subcontractors retain the right to display graphics and other Web design elementsas examples of their work in their respective portfolios, unless otherwise specified by the client. The client retains ownership of the domain name(s) bought through Gumboh Web after the invoice is paid in full. Gumboh Web reserves the right to withhold property such as domain names and copyright ownership if the client is in debt to Gumboh Web

14. Payment of Fees. In order Gumboh Web to keep its rates low, payments must be made
promptly. Bills will be deemed delinquent and assessed a $200 charge if payment is not received within 30 days after the completion date. If an amount remains delinquent 14 days after its due date, an additional 25%

15. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between Gumboh Web and the client regarding the project outlined above and in the approved proposal. Any additional work not specified in this contract must be authorized by a written change order.

16. Initial Payment. Payment of the base fee will be made as follows: The total cost of the project will be made from the client in 2 payments in the amount of half for each. The first payment is dueupon signing this contract, the second is due upon completion of project and before uploading to client’s server. All payments should be made to Gumboh Web

17. Refund Policy. The client may halt work and request for a refund within 7 days of the date of this contract by mailing a certified letter to the Gumboh Web (703 N 42nd St. Philadelphia, PA 19104). If at any time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $55, which could result in higher fees then the
quote prices given.

18. Miscellaneous. This contract shall be governed by the substantive laws of the State of PA wi thoutregard to conflict of law principles. The contract constitutes the entire understanding and agreement between the parties hereto and their affiliates with respect to its subject matter and supersedes all prior or contemporaneous agreements, representatives, warranties and understandings of such parties (whether oral or written). No promise, inducement, representation or agreement, other than as expressly set forth herein, has been made to or by the parties hereto. This letter may be amended only by written agreement, signed by the parties to be bound by the amendment. Evidence shall be inadmissible to show agreement by and between such parties to any term or condition contrary to or in addition to the terms and conditions contained in this letter. This letter shall be construed according to its fair meaning and not
strictly for or against either party.

19. Summary. This contract is for the specific project(s) of Web Site Design for (Gumboh Web). All payments will be made in American Dollar funds/check.


20. Launch of The Website. Website will be launched on clients server Up to 3 days after total amount is paid in full.

 

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