WEB DESIGN SERVICE AGREEMENT
Terms and Conditions
SELF-MANAGED SITE BUILD
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 by the acceptance of the terms and conditions online statement hereto referred to as customer and/or organization.
SECTION 1 – AGREEMENT TERM AND CONDITIONS
The above-ORGANIZATION is engaging STREAMING BEST as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as “Web Design Project” to be published by STREAMING BEST. STREAMING BEST will also act as the Internet Service Provider (ISP) for ORGANIZATION to include securing domain names and hosting plan.
The ORGANIZATION hereby authorizes STREAMING BEST to access ORGANIZATION’S account, and authorizes the STREAMING BEST designer “full access” to the ORGANIZATION’S account, 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 assurance 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.
SECTION 2 – SERVICES AND TERMS OF SERVICES 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 represents and warrants that the ORGANIZATION’S web design for you will work via most all major Internet browsers:
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 will not be responsible for text related errors to include, spelling errors, punctuations, 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 presence, design or function such that to provide STREAMING BEST ample time to correct any deficiencies. CLIENT will allow up to 48 hours for a resolution
If assistance is needed to correct functionality or aesthetics due to changes made by the ORGANIZATION via the HTML editor, notify STREAMING BEST immediately Error will be corrected at the standard STREAMING BEST web site maintenance fee of $39.99/hour.
SECTION 3 – ASSIGNMENT OF WEB DESIGN PROJECT/TASK
STREAMING BEST reserves the right to assign subcontractors, as needed to ORGANIZATION’S web design project.
Copyrights and 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 4 – WEB SITE MAINTENANCE
This agreement permits the inclusion of a complete online web site editing tool, which will allow the ORGANIZATION to effectively update and maintain own website. The STREAMING BEST content management tool contains a powerful WYSIWYG (What You See Is What You Get) editor. 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, bullets, etc.
If at any time the client needs additional assistance with edits and/or updates, STREAMING BEST will assist at a rate of $39.99/hour. Minimum charge is ½ hour. The maintenance period begins on the day after the ORGANIZATIONS’ web site is published and reviewed.
SECTION 5 – PRICE AND PAYMENT PROCEDURES
An estimate of the statement of work is specified on Attachment A 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 when requested or in advance. In the event that during the time frame set forth 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.
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.
Late Payment Charges:
Payments are considered delinquent on the 5th day after payment is due. Delinquent payments are subject to a late payment charge of $10 per day. Returned checks are subject to a $20 returned check fee.
STREAMING BEST will not be responsible for postal service delivery delays.
SECTION 6 – 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
Suspension or Termination for Non-payment:
If any charges arising under this Agreement remain unpaid the day of event specified in this Agreement, STREAMING BEST may suspend any services under this Agreement at its sole discretion pending receipt of such payments and may require ORGANIZATION thereafter to pay STREAMING BEST a reconnect initiate fee of $65.00 in addition to the late fees due.
STREAMING BEST shall operate and provide technical support services to ORGANIZATION solely pertaining to the services provided hereunder during STREAMING BEST business hours. 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.
Limitation of Liability:
IN NO EVENT SHALL EITHER PARTY BE LIABLE (WHETHER IN CONTRACT, TORT 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.
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 7 – 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. Visit our website at http://streamingbest.com for additional details regarding Terms and Conditions associated with this service.
SECTION 8 – DISCLAIMER AND WARRANTY TERMS:
8.1 STREAMING BEST STRIVES TO PROVIDE STREAMING BEST SITES AND SERVICES FREE OF ANY DEFECTS AND / OR MALWARE. HOWEVER, YOUR INITIALS HERS STATS YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OR OTHERWISE OBTAINED MATERIAL OR DATA THROUGH THE USE OF THE STREAMING BEST SERVICE 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