WEB DESIGN SERVICE AGREEMENT
Terms and Conditions
STREAMING BEST, a subsidiary of LMC PRODUCTION (www.streamingbest.com) any other web site(s), network(s), affiliates, or service(s) owned and / or operated by Streaming Best proposes this STREAMING BEST WEB DESIGN AGREEMENT (this “Agreement”) that is made and entered into on the date set forth below (the “Effective Date”) by and between Streaming Best a subsidiary of LMC Production (the ”Company”) with its principal business address in Lithia Springs, GA (hereafter referred to as “Streaming Best” or “Company” or “Provider”, and said client opting for this agreement here online is hereafter referred to as “ORGANIZATION”, CUSTOMER, or CLIENT. WHEREAS ORGANIZATION contracts STREAMINGBEST to provide a web site design. STREAMING BEST and CLIENT agree as follows:
SECTION 1 – AGREEMENT TERM AND CONDITIONS
The above ORGANIZATION is engaging STREAMING BEST as an independent contractor for the specific purpose of designing, redesigning or enhancing a World Wide Web site, herein after referred to as “Web Design Project” to be published by Streaming Best or a a 3rd Party Provider. If in the event client chooses to NOT employ STREAMING BEST as the Internet Service Provider (ISP), no Web Site Maintenance, Site Security or Upgrade Editor for the ORGANIZATION will be provided, however the ORGANIZATION may engage these services at anytime.
The ORGANIZATION hereby authorizes STREAMING BEST to access ORGANIZATION’S account, and authorizes the STREAMING BEST designer “full access” to the ORGANIZATION’S account, third party control panels, platforms and any other programs needed for this Web Design Project, which may or may not be included as part of the ORGANIZATION’S service agreement.
The ORGANIZATION authorizes STREAMING BEST to submit the completed Web Design Project to major online Internet Search Engines. STREAMING BEST will also provide strong mega tags for better search positioning; however STREAMING BEST is not a marketing firm and does not charge a fee to guarantee placement; therefore, we can in no way assure best placement due to proprietary restraints governed by various search engine companies. STREAMING BEST also has no authority with respect to when ORGANIZATION will appear in various search engines. This too is governed by the various search engine companies.
Once ORGANIZATION has agreed to contract verbally or in writing and then chooses to not move forward, ORGANIZATION must notify STREAMING BEST in writing of its intent and pay a cancellation fee of 25% of the overall cost of project.
If in the event ORGANIZATION elects to make substantial changes to the overall look and feel of the site, or if additional design features, not outlined in this proposal are requested, an addendum to the agreement will be drawn up to indicate additional fees. Both parties, ORGANIZATION AND STREAMING BEST agree to negotiate additional changes in good faith.
SECTION 2 – SERVICES AND TERMS OF DELIVERY (As Applicable)
Custom Web Site Design
- Due to the multiplicity of designs with regard to Internet browsers, the creation of multiple versions of code/pages is kept to a minimum to save on costs. Therefore STREAMING BEST can only represent and warrant that the ORGANIZATION’S web design is compatible the following current, secure up to date browsers: Internet Explorer (IE10, IE11) Firefox, Safari, Opera, Chrome and Edge.
- While STREAMING BEST will make every reasonable effort to design a fully-functional web site, STREAMING BEST warranty does not cover any text-based driven browsers or newly created custom browsers that are not part of the main stream.
ORGANIZATION/CLIENT is responsible for the following provisions:
- ORGANIZATION agrees to ensure that all written text has been edited and checked for grammatical and spelling errors. STREAMING BEST is NOT or will NOT be responsible for text related errors to include, spelling errors, punctuation, etc. CLIENT can adjust errors via their self-managed site control panel.
- Immediately notify STREAMING BEST if there are problems with the web site’s design or function such that to provide STREAMING BEST ample time to correct any deficiencies.
- If assistance is needed to correct functionality or aesthetics due to changes made by the ORGANIZATION, notify STREAMING BEST immediately Error will be corrected at the standard STREAMING BEST web site maintenance fee of $49.99/hr.
SECTION 3 – ASSIGNMENT OF WEB DESIGN PROJECT/TASK
STREAMING BEST reserves the right to assign subcontractors, as needed to ORGANIZATION’S web design project. If additional fees are needed, STREAMING BEST will negotiate with the ORGANIZATION before resources are secured.
SECTION 4 – COPYRIGHTS / TRADEMARKS
The ORGANIZATION unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to STREAMING BEST and or it’s designers for inclusion in the Web Design Project are owned by the ORGANIZATION, or that the ORGANIZATION has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend STREAMING BEST and all of its representatives 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.
SECTION 5 – WEB SITE MAINTENANCE / HOSTING PLAN
This agreement DOES NOT include a hosting plan equipped with Aapche server, MySQL & PostgreSQL, Python & Perl and Node. JS. Pre-configured site caching, CloudFlare CDN for faster page loads, 64 GB RAM Server Minimum, Hack Scanners, CloudLinux OS, 24×7 Network monitoring with email support via Horde, Squirlmail and RoundCube, FTP site access and more. Hosting plan also includes unlimited pages, email accounts, ongoing security updates and a SSL certificate. CUSTOMER may choose move their hosting plan and enjoy all these features at the rate of $49.99/month.
Site design includes an editing tool/control panel, which will allow the ORGANIZATION to effectively update and maintain content on the website. STREAMING BEST provides online tutorials to assist with the application. ORGANIZATION can use the device to not only edit web pages as easily as they would in Microsoft Word, but they can also manage and insert images, links, audios, etc. If at any time the client needs additional assistance with edits or programming features STREAMING BEST will assist at a rate of $49.99/hour. Minimum charge is 1 hour.
Where applicable, the hosting and maintenance period begins on the day after the ORGANIZATION’S web site is published and reviewed.
SECTION 6 – PRICE AND PAYMENT PROCEDURES
An estimate of the statement of work is specified near the end of this document. 50% of the overall project is due up front. Balance is due upon completion.
ORGANIZATION agrees to pay all applicable fees, to include web site maintenance fees if or when requested or in advance. Maintenance fees are processed via a STREAMING BEST PayPal subscription. If in the event or during the time frame set forth, the ORGANIZATION uses more services than prepaid, STREAMING BEST may require an additional payment to be received immediately upon request. Invoices either hard copy or electronic will be sent to preferred correspondence address or e-mail address designated by ORGANIZATION. Invoice fees and charges are due immediately upon receipt of the invoice. All fees and charges shall be based in U.S. dollars.
ORGANIZATION shall be responsible for all cost and expenses of collection.
SECTION 7 – TAXES
All charges to ORGANIZATION hereunder are exclusive of federal, state, local and foreign sales, use, excise, utility, gross receipts and value-added taxes and other taxes, levies fees or excises of any kind, including tax-related surcharges or applicable tariffs, which ORGANIZATION agrees to pay.
SECTION 8 – LATE PAYMENT PROCEDURES
Payments are considered delinquent on the 3rd day after payment is due. Delinquent payments are subject to a late payment charge of $10 per day. Returned checks are subject to a $25 returned check fee.
SECTION 9 – MAIL DELIVERY
STREAMING BEST will not be responsible for postal service delivery delays.
SECTION 10 – BILLING DISPUTES / SUPPORT / LIMITED LIABILITY AND GOVERNING LAW
ORGANIZATION must notify STREAMING BEST in writing of any disputed charges within 30 days of the date of the billing for such charges. Billing disputes shall be defined as disputes on good faith, with reference to specific provisions of this Agreement, and with supporting factual documentation. If ORGANIZATION does not notify STREAMING BEST within that time period, ORGANIZATION is deemed to have waived any right to dispute such amounts, either directly or as a set-off, recoupment or defense in any action or efforts to collect amounts due to STREAMING BEST
SECTION 11 – TECHNICAL SUPPORT
STREAMING BEST shall operate or provide technical support services to ORGANIZATION solely as it pertains to the web site design. ORGNIZATION has engaged third party provider, GoDaddy to administer support with regard to site outages, downtime, security hacks and standard web site security updates.
ORGANIZATION shall be responsible for providing all other services to ensure web site presence is active. For any technical support requiring a technician to visit ORGANIZATION premises; if long travel is required (which is a rare occurrence due to virtual technology) ORGANIZATION will pay all travel expenses to include meals, where applicable.
SECTION 12 – LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE (WHETHER IN CONTRACT, OR OTHERWISE, INCLUDING NEGLIGENCE AND STRICT LIABILITY) FOR ANY SPECIAL, INDIRECT, SPECULATIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS OR COSTS ATTRIBUTED TO DELAYS OR LOSS OF TIME, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE CLAIM OR OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR PUNITIVE DAMAGES. THE LIABILITY OF STREAMING BEST AND ITS SUPPLIERS UNDER THIS AGREEMENT IS LIMITED TO STREAMING BEST’S OBLIGATIONS UNDER THE LIMITED WARRANTY SET FORTH ABOVE. IN NO EVENT SHALL THE LIABILITY OF STREAMING BEST OR ITS SUPPLIERS EXCEED THE AMOUNT OF THE FEE PAID TO STREAMING BEST FOR THE SERVICES TO WHICH THE SPECIFIC CLAIM RELATES.
SECTION 13 – GOVERNING LAW VENUE
All disputes arising under this Agreement shall be governed by and construed in accordance with the laws of the state of Georgia and without application of its conflicts of law’s provisions. The Parties agree that any appropriate state or district court located in Georgia, shall have exclusive jurisdiction over any case or controversy arising hereunder, and shall be the proper forum in which to adjudicate such case or controversy.
SECTION 14 – STREAMING BEST TERMS AND CONDITIONS MODIFICATION RIGHTS
STREAMING BEST reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms contained herein at any time. Your continued use of any STREAMING BEST Service after the posting of changes constitutes your binding acceptance of such changes.
SECTION 15 – DISCLAIMER AND WARRANTY TERMS:
STREAMING BEST STRIVES TO PROVIDE STREAMING BEST WEB SITE DESIGNS FREE OF ANY DEFECTS AND / OR MALWARE. HOWEVER, YOUR PAYMENT FOR OF THIS ELECTRONIC AGREEMENT CONSTITUTES YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OR OTHERWISE OBTAINED MATERIAL OR DATA THROUGH THE USE OF THE SITES CONTROL PANEL OR INTERNET IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA