Terms and Conditions page 2 of 3Terms and Conditions continued
Project Delivery
The web site design project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer, or physical media. The client understands that In Harmony Designs, LLC. may not be providing any hosting services in connection with this web design project. Hosting services may require a separate contract. The client will be solely responsible for all hosting service charges. The client assumes all responsibility for the use and functionality of the web design project.
Publishing:
If the Project Delivery includes publishing, In Harmony Designs, LLC. will make a good faith effort to accommodate client's requested method of publishing. In the event In Harmony Designs, LLC. is not able to accommodate the request method of publishing the following statements apply. If the hosting service has FrontPage 98 /2000 extensions installed, In Harmony Designs, LLC. may use FrontPage 98/2000 to publish to the site. If the hosting service does not have FrontPage 98 extensions installed, In Harmony Designs, LLC. may use FTP or SCP to publish to the site. If publishing to a hosting service is not feasible the information may be delivered on diskette or CDROM.
Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend In Harmony Designs, LLC. and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
Web Design Project Copyright.
Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. In Harmony Designs, LLC. and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Payments
Payments must be made promptly based on the agreed schedule. Delinquent bills can be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty can be added for each month of delinquency. In Harmony Designs, LLC. reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by an authorized representative In Harmony Designs, LLC.. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in West Bend, Wisconsin, US and any dispute will be litigated or arbitrated in West Bend, Wisconsin, US. Please pay on time. All payments will be made in US $ funds unless agreed upon in writing by both parties.
a) By web design projects under $340.00; payment by ordering
b) By web design projects over $340.00; 50% by ordering and 50% by publishing.
c) By web design projects over $5,000.00; agreed in writing a down payment and payments by milestones.
Legal Notice
In Harmony Designs, LLC. does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will In Harmony Designs, LLC. be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential 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, your or site visitor's computer or Internet software, even if In Harmony Designs, LLC. has been advised of the possibility of such damages.