Terms and Conditions
1. Copyright and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Fastbenderss Inc. for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Fastbenderss Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
2. Web Site Maintenance. Please refer to Fastbenderss Inc. pricing page to see website revisions based on pricing. All custom work requested after contract revisions has ended will be charged by the hour or by the project. All requested revisions after contract revisions has ended will be charged by the hour or per revision.
3. Completion Date. Fastbenderss Inc. and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 45 to 90 days(Depending on project type) after the client has submitted all necessary materials. If the client does not supply Fastbenderss Inc. with complete text and graphic content for this web design project within 60 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.
4. 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 Fastbenderss Inc. 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.
5. 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 Fastbenderss Inc. and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet electronic commerce.
6. 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. Fastbenderss Inc. and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
7. 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. Fastbenderss Inc. reserves the right to remove any web design project from viewing on the Internet until final payment is made. All payments will be made in US $ funds unless agreed upon in writing by both parties.
8. Legal Notice. Fastbenderss Inc. 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 Fastbenderss Inc. 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 site visitor’s computer or Internet software, even if Fastbenderss Inc. has been advised of the possibility of such damages.
9. This Agreement. This agreement constitutes the sole agreement between Fastbenderss Inc. and the client regarding web design project and/or all other services offered by Fastbenderss Inc. Any additional work not specified in this contract must be authorized by a written request. This agreement supersedes any prior written or oral agreements between the parties.