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terms & conditions

website design

This agreement will serve as the formal contract between you, _______________________________________, hereafter known as the Client, and Aspire Marketing Partners, hereafter known simply as Aspire. It shall further be an acknowledgement of receipt and understanding of the terms and conditions set forth in this agreement. As such, both parties agree to be bound by it.
 

1. Authorization
By signature below and subsequent acceptance of this agreement, client is employing Aspire to design, develop and create a website on behalf of the client for the base price of $_________. The client understands that Aspire will:
a. submit the completed website design to the top three web search engines (Google, Yahoo, and Bing)
b. create a listing on YellowPages.com (if one does not already exist).
c. conduct routine SEO (search engine optimization) techniques which will enable their completed site to be appropriately ranked in the top search engines
d. schedule a one-on-one training session at the time of website turnover (unless selecting the Total Package, which includes a year of website updates in the package price)

2. Price
The client understands the price quoted for their website design shall include a domain registration and website hosting, both of which will be valid for the period of one (1) year. The client further agrees that the renewals for both website hosting and the domain registration will be the responsibility of the client, unless a specific authorization has granted Aspire permission to do so and payment has been made to Aspire upfront.

3. Website Modifications
A starter mock-up to include a single page will be submitted to the Client by Aspire within one (1) week of contract acceptance. The purpose of this is to showcase the design, at which point the Client may request any changes, additions, deletions or modifications. After acceptance of the revised design, only small changes will be accepted. Full site redesigns will be billed at the regular rate.

4. Copyrights and Trademarks
The Client unconditionally guarantees that all text, graphics, photos, designs, logos, trademarks or other artwork furnished for inclusion in web pages 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 Aspire from any claim arising from the use of such elements furnished by the Client. In the event the Client does not have access to such images, they will be purchased from reliable sources, the cost of which will be added to the final invoice over and above the cost of the website design itself.

5. Post Turnover Alterations
Aspire will not accept responsibility for any alterations made by third parties to the Client’s pages once transferred to the Client. Such alterations include, but are not limited to, additions, modifications, or deletions.

6. Errors and Omissions
Aspire will use good faith to ensure pages authored by us are free of errors; however, Aspire may not be held responsible for any errors that may arise in the course of authoring any pages. It is the Client’s responsibility to proof their own pages for errors and inform Aspire of those along with any changes in layout requested prior to the completion of website transfer. Minor textual changes will be made by Aspire for up to three (3) months following transfer of website; afterward, regular fees apply at a rate of $25/hour (unless Client has purchased the Total Package, which includes regular website updates for a period of one year).

7. Payment
One half of the agreed-upon package amount is due upon agreement; the balance, which shall include the second half of the package amount as well as any additional charges for graphics, logos, etc., will be due upon completion. Aspire reserves the right to remove web pages from the internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred (including all attorney fees and court costs).

8. Cancellation
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be applied for any work in progress, billed at a rate of $25/per hour, as well as purchases made on behalf of the Client (such as pictures or graphics) for the webpage in progress.

9. Legal Notice
In no event will Aspire be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service, or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitor's computer or internet software.

10. Link
Aspire reserves the right to include a small hyperlink to Aspire’s home page at the bottom of each page identifying Aspire as the creator of said website.

11. Sole Agreement
The agreement contained in this document constitutes the sole agreement between Aspire and the Client regarding this website and shall become effective only when signed by a representative from Aspire. Any changes or modifications must be in writing and signed by both parties. All prices specified in this contract will be honored for twelve (12) months after both parties sign this contract.

12. Completion Date
Aspire and the client must work together to complete the website in a timely manner. Client understands that the completion date is flexible, and will not hold Aspire legally responsible if it is unable to deliver a complete website within the time frame originally quoted due to extenuating circumstances beyond control. Client further agrees to deliver up to Aspire, upon request, all logos, photos, graphics, price lists and/or brochures from which web text may be derived within a period of two (2) weeks from the date of original signature of this contract. Failure to do so will delay the design process.
13. Initial Payment, Cancellation and Refund Policy
If the client halts work after this agreement is signed, the initial payment will be returned less the amount due based on the current hourly rate for the work completed (billed at $25/hour), or $100, whichever is the greater of the two. Cancellation must be in writing and can be mailed or e-mailed to Aspire, and is not effective until received by Aspire. If at the time of the cancellation work has been completed, the Client shall be liable to pay the entire contract as per this agreement.

14. Bandwidth Usage
Bandwidth varies by package and is clearly spelled out on the Aspire website. Client agrees that bandwidth shall not exceed the given rate. In the event that bandwidth is exceeded, Aspire will not be held responsible for such overage and all such charges will be the responsibility of the Client.

15. Liability and Availability
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Aspire and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the neither Aspire nor the web host shall be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any damages, loss or injury.

16. Right to Sign
The Client’s representative, as signed below, agrees to the terms of this agreement on behalf of his or her organization or business. The representative further states that he or she has the authority to sign such contract on behalf of the Client.

17. Liability and Availability
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Aspire and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the neither Aspire nor the web host shall be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any damages, loss or injury.

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