Dear friend, thanks for your business.
To launch your website, please read the terms for agreement and setup your monthly automated electronic payment with a PayPal Subscription below …
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SubscribeClick the ‘SUBSCRIBE’ button to acknowledge your understanding and agreement for web services (see below) and to setup your monthly automated electronic payment as a PayPal ‘Subscription’ – payment can be setup through a PayPal account or major credit card … - - swanie: WEB SERVICES – $87/month- - NOTE: YOU DO NOT HAVE TO SET UP A PAYPAL ACCOUNT. To pay with a major credit card, simply click on the “Pay using your debit or credit card” link on the Enter Payment Information page. Please call me at 719-963-5645 if you have any questions about setting up payment. You should see “swanie: monthly web services” on your monthly credit card statement. |
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AGREEMENT for WEB SERVICES
(print this web page for your records)
Contract last modified: 8/10/10
With this contract, you, the Client, enter an agreement with the Agent, Chris Swanson (DBA Swanie), to be provided web services in exchange for fees detailed and described by Fees for web services listed herein. For the purposes of the service, web services is defined but not limited to consulting, design, development, analytics, project management, writing, graphic design, and maintenance in behalf of the Client in a reasonable amount of time to include:
- Linux Web Hosting, MySQL database
- WordPress site installation, configuration, customization
- Up to 10 pages of content for about, services, products, portfolio, contact, privacy, and terms of conditions
- Basic web functions may include contact form, search, social bookmarks, RSS feeds, Google Analytics, search engine optimization, and site map.
- One hour additional web services, if needed by the Client, provided by Swanie per month, non-cumulative
NOTE: Web services provided to the Client do NOT include domain registration or email service.
INDEMNIFICATION
The Client shall indemnify and hold harmless Swanie or Subcontractors of Swanie, if any, from any and all loss, cost, expense, and damages (including court cost and attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Swanie on grounds alleging that Swanie violates any copyrights or any proprietary right of any person, or that contains any matter that is libelous or obscene or scandalous, or invades any persons right to privacy or other personal rights, except to the extent that Swanie contributed to or is otherwise at fault or responsible for the matter. The Client agrees, at the Client’s expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Swanie, provided that Swanie shall promptly notify the Client with respect thereto, and provided further that Swanie shall give to the Client such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
TERMS AND AGREEMENT
Fees
By Subscribing, the Client accepts the web services project, and agrees to pay the monthly fee for web services of $87. The Client is obligated to maintain a current and valid credit card on file with PayPal. The Client maintains the right to cancel the Subscription at any time (see below). Upon cancellation or failure to pay, web services provided for the Client will be immediately suspended.
All buyouts, i.e. photostats, film processing, illustration, model fees, messenger, etc. incurred especially for a project exceeding $50 will be invoiced in addition to fees quoted and will be subject to our normal handling fee of 15%. Any and all fees for services outside of the definition of corporate marketing are subject to separate contract of writ. Standard hourly fee is $87 per hour and is billed separately.
Monthly fees for web services may be increased by Swanie at any time. Swanie will provide the Client a minimum 30-days notice of any rate increase. The Client will be required and have 30 days to agree to a new subscription agreement at that time.
Payment of Fees
Subscription: Monthly fees, in the form of a subscription, are indefinite and pre-paid by the Client. Monthly fees are non-refundable. The subscription can be canceled at any time by Swanie or the Client.
Swanie maintains ownership of all work until the project is accepted and the Client has subscribed. Upon subscribing, The Client takes possession of all rights ownership and will be provided a CD file copy of the source files.
Cancellation: Once subscribed, any and all fees paid by the Client to Swanie are final and nonrefundable. The Client will not be reimbursed for any unused portion of a monthly subscription payment. Upon cancellation, the Client maintains full ownership of rights granted.
Reimbursable Costs
Out-of-pocket expenses such as travel expenses, to include travel costs, lodging, meals, long distance phone calls, mileage, freight and tax will be invoiced as a separate fee to the Client and will be invoiced within 30 days of incurring the expense or expenses. Such expenses will be reimbursed to Swanie within 30 days of the Client’s receipt of the expenses invoice. Any and all expenses incurred by Swanie over $100 will be estimated and approved in writing by the Client prior to the expense(s) being made.
Any special materials required for comprehensive presentations and production will be billed at our costs plus a 15% handling charge. Such charges will be reimbursed to Swanie within 30 days of the Client’s receipt of the subject invoice.
Ownership
As a quality control, all original proposals, design and graphic work, camera-ready art, art boards, illustration, photography, etc., will remain the property of Swanie. Full copyrights and source files are granted to the Client upon receipt of full payment of one year’s fees for services. Swanie reserves the right to use all design, illustration, photography and the finished project for self-promotion.
Arbitration Clause
If collection becomes necessary because the Client refuses or fails to pay bills under the terms of the agreement, the Client agrees to binding arbitration of any and all disputes arising out of this agreement and the individual estimates of work. The Client further agrees to pay all collection costs, including reasonable attorney fees, before or after suit, plus any continuing charges.
Limitation on Liability
In the event that Swanie should ever become liable to the Client for any act or omission under this agreement, the Client expressly agrees that Swanie’s liability shall be limited to the amount of fees that the Client has paid Swanie for services rendered under this agreement. It is further expressly agreed between the parties that this limit applies to any and all categories of damages an arbitrator or any court of competent jurisdiction might award against Swanie (including but not limited to compensatory, incidental, economic, actual, consequential, punitive and/or exemplary damages).
Governing Laws
This agreement is entered into in Colorado Springs, CO and shall be governed by the laws of the State of Colorado, United States of America. Venue of any action arising out of controversy shall be in the Fourth Judicial District Court located in Colorado Springs, CO. Arbitration shall be resolved by the American Arbitration Association.
Acceptance by execution of this job or document constitutes an acknowledgment that the individual approving this document has the capacity and authority to consent to the terms of this agreement on behalf of the Client. Any amendments have been stated.
Instructions for Agreeing to Contract
The Client is not allowed to make unilateral alterations to the contract. Any and all changes or modifications, before becoming effective, will be executed by Swanie and resubmitted to the Client. This contract may be printed and signed by the Client and returned by mail or e-mail to Swanie, in which case, the contract is not legally binding until both parties have signed and dated the contract and returned either a digital file or physical copy of the contract. The final signed contract will be kept on file with Swanie. Otherwise, completion of the online PayPal subscription below constitutes signature and an acknowledgment that the individual approving this agreement has the capacity and authority to consent to the term of this agreement on behalf of the Client.
Feel free to print this web page for your records.
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SubscribeClick the ‘SUBSCRIBE’ button to acknowledge your understanding and agreement for web services and to setup your monthly automated electronic payment as a PayPal ‘Subscription’ – payment can be setup through a PayPal account or major credit card … - - swanie: WEB SERVICES – $87/month- - NOTE: YOU DO NOT HAVE TO SET UP A PAYPAL ACCOUNT. To pay with a major credit card, simply click on the “Pay using your credit or debit card” link on the Enter Payment Information page. Please call me at 719-963-5645 if you have any questions about setting up payment. You should see “swanie: monthly web services” on your monthly credit card statement. |
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Unsubscribe
Click here to terminate web services and cancel the monthly PayPal payment …
Before you unsubscribe …
If we haven’t spoken already, please contact me directly by calling 719-963-5645 before canceling … I’d like to discuss with you why you’re canceling web services.
