Terms Of Service
Terms:
Authorization:
The above-named client is engaging Elephat Production & Design, LLC as an independent contractor for the specific project of developing and/or improving a World Wide Web site to be installed on an Internet Service Provider’s platform. The client hereby authorizes Elephat Production & Design, LLC to access this account and authorizes the Internet Service Provider to provide Elephat Production & Design, LLC with “write permission” for the client’s web page directory and any other directories or programs, which need to be accessed for this project.
Payment of Fee:
Fees to Elephat Production & Design, LLC are due and payable on the following schedule: 50% upon signing this contract and 50% when the web pages have been constructed according to the client’s original written specifications. Any checks that are returned non-sufficient funds will be assessed a $30 fee. All payments will be made in US currency and are non-refundable. Client must
Pay monthly fees by credit card unless client maintains (2) or more websites with Elephat Production & Design, LLC.
Assignment of Project:
Elephat Production & Design. LLC reserves the right to assign other web designers or subcontractors to this project to insure the right fit for the job as well as on-time completion.
Elephat Production & Design, LLC does not warrant that the functions contained in these web pages or the internet web site will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the performance of the web pages and web site is with the client. In no event will Elephat Production & Design, LLC or subsidiary services 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 web site. Even if Elephat Production & Design, LLC has been advised of the possibility of such damages.
Elephat Production & Design, LLC not responsible for creating text for any web site this becomes the client responsibility to provide the web designer with said information via email, CD, or floppy disk. To ensure that all information is updated expediently, all information should be provided to Elephat Production & Design 72 hours in advance.
Copyright and Trademarks:
The client represents to Elephat Production & Design, LLC and unconditionally guarantees that: any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Elephat Production & Design, LLC for inclusion in web pages are owned by the client. The client has permission from the rightful owner to use each of these elements and will hold harmless, protect, and defend Elephat Production & Design, LLC from any claim or suit arising from the use of such elements furnished by the client.
Copyright To Web Pages:
Elephat Production & Design, LLC owns copyrights to the assembled work of web pages produced by Elephat Production & Design, LLC. All designs, logos and brochures are owned by Elephat Production & Design, LLC and are only authorized for use on the web site or by this company.
Late Payment of Fees:
Payments must be made promptly. Delinquent bills will be assessed a $5 a day charge if payment is not received within 30 days of the due date. If an account remains delinquent 60 days after its due date, an additional 5% penalty charge of client’s annual rate will be added for each month of delinquency. Elephat Production & Design reserves the right to remove web pages from viewing on the Internet after 60 days. Until payment on clients account is made in full. In case collection procedures prove necessary, the client agrees to pay all fees and liquidated damages incurred by that process. This agreement becomes effective only when signed by elephat Production & Design. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered and any dispute will be litigated or arbitrated in Dauphin County, Pennsylvania.
Right of Addendum:
In the event that the web site design process is delayed due to proper information not being provided by the above named client we reserve the right to introduce and apply an appropriate addendum.
Sole Agreement:
The agreement contained in this “Web Page Design and Maintenance Agreement” constitutes the sole agreement between Elephat Production & Design, LLC and the client regarding this web site. Any additional work not specified in the contract must be submitted in writing and authorized by web designer. All prices specified in the contract will be honored for twelve (12) months after both parties sign this contract after which client will own the original design and may part from Elephat Production & Design, LLC services at anytime and there will be no penalties against them.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
Apparel
