Web
Site Design Terms and Conditions
Consultant
Gate takes the issue of privacy very seriously.
Consultant Gate is dedicated to protecting the
privacy of our users by taking all possible measures
to protect their personally identifiable information.
This privacy statement was developed to outline
these measures and disclose the privacy practices
of Virtual Design
1.
Authorization.
The named client is engaging Consultant Gate Publishing,
as an independent contractor for the specific
web design project of developing and/or improving
a web site, hereinafter referred to as "web
design project" which may be installed on
the client's account on an Internet Service Provider
(ISP) / Web Presence Provider (WPP) computer,
hereinafter refer to as "Hosting Service"
if required to perform services. If required to
perform services the client hereby authorizes
Consultant Gate Publishing to access this account
and authorizes the Hosting Service to provide
Consultant Gate Publishing with "full access"
to the client's account and any other programs
needed for this web design project that are included
as part of the client's service agreement/level.
2.Acceptable
Use.
An acceptable use policy is part of these terms
and conditions of hosting any information associated
with the domain name. This is necessary because
the proliferation of abusive electronic mail and
practices generated by a minority of the Internet
users can interrupt services. The exhibit with
the description of the acceptable use policy is
posted on our website and the exhibit is part
of these terms and conditions.
3.
Copyright and Trademarks.
The client unconditionally guarantees that any
elements of text, graphics, photos, designs, trademarks,
or other artwork furnished to Consultant Gate
Publishing 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 Consultant Gate Publishing and its
subcontractors from any claim or suit arising
from the use of such elements furnished by the
client.
4.
Web Site Maintenance.
This agreement allows for minor web site maintenance
to pages over a 1-month period, up to an average
of one half hour per regular web site, including
updating lines and making minor changes to a sentence
or paragraph. It does not include updating or
replacing nearly all the text from a page with
new text, major page reconstruction, new pages,
guest books, discussion webs, navigation structure
changes, attempted updates by client repairs or
web design projects delivered to the client via
diskette. The period of 1 month begins on the
date the clients web design site has been published
to client's hosting service or 30 days from the
date this agreement was signed, which ever comes
first. If the client's web design package includes
database access using Server Side Script, then
very minor page code changes will be accepted
under this maintenance plan. Major page code and/or
database structural changes will be charged at
current hourly rates.
5.
Completion Date.
Consultant Gate Publishing 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 days after the client has submitted all necessary
materials. If the client does not supply Consultant
Gate Publishing 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.
6.
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 Consultant Gate Publishing
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.
7.
Publishing:
If the Project Delivery includes publishing, Consultant
Gate Publishing will make a good faith effort
to accommodate client's requested method of publishing.
In the event Consultant Gate Publishing is not
able to accommodate the request method of publishing
the following statements apply. If the hosting
service has FrontPage 98 /2000 extensions installed,
Consultant Gate Publishing may use FrontPage 98/2000
to publish to the site. If the hosting service
does not have FrontPage 98 extensions installed,
Consultant Gate Publishing 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.
8.
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 Consultant
Gate Publishing and its subcontractors from any
claim, suit, penalty, tax or tariff arising from
the client's exercise of Internet electronic commerce.
9.
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. Consultant
Gate Publishing and its subcontractors retain
the right to display graphics and other web design
elements as examples of their work in their respective
portfolios.
10.
Legal Notice.
Consultant Gate Publishing 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 Consultant Gate Publishing 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 Consultant Gate Publishing has been advised
of the possibility of such damages.
11.
This Agreement.
This agreement constitutes the sole agreement
between Consultant Gate Publishing and the client
regarding this web design project. Any additional
work not specified in this contract must be authorized
by a written request. All prices specified in
this contract will be honored for 3 months from
date offered. Acknowledgement of agreement after
that time will require a review of current pricing
and new agreement. This agreement supersedes any
prior written or oral agreements between the parties.
12.
Amendment.
This agreement may be modified or amended if the
amendment is made in writing and is signed by
both parties.
13.
Severability.
If any provision of this agreement shall be held
to be invalid or unenforceable for any reason,
the remaining provisions shall continue to be
valid and enforceable. If a court finds that any
provision of this agreement is invalid or unenforceable,
but that by limiting such provision it would become
valid and enforceable, then such provision shall
be deemed written, construed, and enforced as
so limited.
14.
Waiver of Contractual Right.
The failure of either party to enforce any provision
of this agreement shall not be construed as a
waiver of limitation of that party's right to
subsequently enforce and compel strict compliance
with every provision of this agreement.
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Company:
Consultant Gate Publishing
Madina Road, Jeddah, KSA
Authorized
Representative and date:
__________________________________
Customer:
Authorized Representative and date: |
