The Contractual Legal Stuff
Web Design Payments: Payments for custom design projects are made to Wowsers Web Design in either increments as a courtesy to the client or in full depending on the amount. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Wowsers Web Design and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Authorization: The above-named Client (hereinafter referred to as "Client") is engaging Wowsers Web Design for the specific purpose of designing and/or maintaining a World Wide Web site, herein after referred to as "Client’s Website", to be published on the Client's Website Hosting Service. The Client hereby authorizes Wowsers Web Design to access this account, and authorizes the Hosting Service to provide Wowsers Web Design, with "full access" to the Client's account, and any other programs needed for this Client’s Website. The Client also authorizes Wowsers Web Design to submit the Client’s Website to major Web Search Engines.
Confidentiality: Wowsers Web Design recognizes and acknowledges that this Agreement creates a confidential relationship between Wowsers Web Design and Client and that information concerning Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature throughout this process. All such information concerning the Client is hereinafter collectively referred to as "Confidential Information."
Non-Disclosure: Wowsers Web Design agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over upon request to the Client all documents, papers, and other matter in its possession or control that relate to the Client.
No Guarantees of Website Traffic: Wowsers Web Design makes no representations or guarantee as to the amount of traffic to the Client’s website or interest generated in the Client’s site. Wowsers Web Design makes no representations and does not guarantee an increase in Client sales, nor does Wowsers Web Design promise top listing in any search engine or directory.
Disclaimer/Limitation of Liability: You agree that Wowsers Web Design does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Wowsers Web Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Wowsers Web Design has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding anything to the contrary contained in this contract, neither Wowsers Web Design nor any of its employees or agents, warrants that the functions contained in the Client’s Website 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 Wowsers Web Design be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, 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 your site visitor's computer or internet software, even if Wowsers Web Design has been advised of the possibility of such damages. Wowsers Web Design does not guarantee page download speed, website bandwidth levels, presence of firewalls, and security of any type.
Indemnification: Client agrees that it shall defend, indemnify, save and hold Wowsers Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Wowsers Web Design’s design and/or maintenance of the Client’s Website. This includes Liabilities asserted against the Wowsers Web Design, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns.
Client also agrees to defend, indemnify and hold harmless Wowsers Web Design against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s Website. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Intellectual Property: The Client retains all ownership of materials developed by Wowsers Web Design for use in their web. The Client warrants that it owns or shall obtain the rights at its own cost of any intellectual property provided to Wowsers Web Design for use in the Client’s Website. Furthermore, the Client indemnifies and holds harmless the Wowsers Web Design from using any Client-provided materials in the Client’s Website. Wowsers Web Design warrants that any commercially purchased intellectual property used in the Client’s Website shall be royalty-free and all rights shall be assigned to the Client.
Outsourcing: Wowsers Web Design does not outsource work to other designers or to off-shore entities. All work on a Client’s website is completed by Wowsers Web Design.
Copyrights and Trademarks: The Client represents to Wowsers Web Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Wowsers Web Design for inclusion in the 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 Wowsers Web Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Laws Affecting Electronic Commerce: Periodically the government enacts laws and levy taxes and tariffs affecting Internet electronic commerce, the client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Wowsers Web Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.
Sole Agreement: The agreement contained in this "Website Design or Maintenance Contract" constitutes the sole agreement between Wowsers Web Design and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order and additional fees may apply. Continued services after that time will require a new agreement.