This is a legal and binding agreement between DesignedToProfit.com, herein referred to as the "Designer" and the person, company or entity making a payment, herein referred to as the "Client".
This agreement becomes active when the Client submits payment either by mail or using the 'pay-online' form on this website, AND the Client signs and returns the 'Project Proposal' to the Designer.
These terms apply to the specific project for which the Client is contracting the Designer.
1. Independent Contractor
Designer is an independent contractor and not an employee of the Client.
2. Browser Testing
Browser testing. Unless otherwise specified, browser testing will be done on a PC using windows XP and internet explorer 6.x and Fire fox.
3. Additional Charges
The Client will be notified immediately if any request, changes or additional charges related to the project exceed the time allocated by the project proposal. Additional work will be clarified in terms of specific fees, time required and any adjustments to the delivery schedule required, and will be presented to the Client in the form of a Proposal Addendum. The Client will be required to approve any additional work before DesignedToProfit.com will undertake said work.
3. Copy Editing
Copy writing or editing of copy is not included in the project unless specifically itemized in the project proposal or website design package under the heading of "Copy writing". The Client agrees to provide all copy necessary for the project in the form of Microsoft word or .txt files.
4. Delivery Date
This project has an estimated 2 to 8 week completion time. On receipt of Client's deposit, DesignedToProfit.com will give Client a realistic completion date. The actual completion may vary depending upon receipt of the Clients deliverables and other technology issues that may arise.
5.Cancellation
Either party may cancel this agreement. Should either party decide to cancel this agreement, said cancellation must be presented to the other party by email or mail. Should either party cancel the agreement, all files that have been created for the Client by the the Designer will be provided to the Client. Should the designer choose to cancel the project, The Designer agrees to provide Client at least 5 web pages. No balance is due to the Designer if either party cancels the agreement. Client's deposit is non-refundable in the event of cancellation by either party.
6. Deposit non-refundable
The Client's deposit is non-refundable. Should either party cancel this agreement, the Client is not entitled to a refund of their deposit, but is entitled to whatever files have been created by the designer for the Client in relation to the project. A minimum of 5 web pages will be provided to the Client by the Designer in the event of a cancellation by either party.
7. Graphics and Photographs
Client may provide graphics to be used in the website. Unless specifically noted in the project proposal or website design package, photo retouching or extensive color adjustments or editing are NOT included. Simple re-sizing and color adjustments of photos and graphics is included. Client agrees to provide photo's in a digital format. DesignedToProfit.com will provide guidelines to the Client for optimum photo size for fast downloading.
8. Payment
A deposit of half the project proposal is required as a deposit and confirmation.
The Client's deposit may be made online or by mail. Check payable to Alexander Industries Inc.
9. Acceptance of project proposal
This contract is valid only when the Client signs and returns the project proposal and returns it to the Designer. If the Client pays by mail, this contract is activated when the Designer receives the signed project proposal and deposits the Client's deposit.
10. Site Designed by Link
Client agrees that a link to DesignedToProfit.com will be placed tastefully on the bottom of the index/home page of the website and to keep the link on the site for at least one year from the date the site is uploaded to the internet. The Designer reserves the right to remove the designed by link at any time.
11. Hosting
Hosting will be provided by a third party unless otherwise specified in the project proposal or website design package. Client is also responsible for all fees related to the purchase and maintenance of the website hosting and URL unless otherwise specified in the project proposal or website design package.
If the Client has chosen Designer to host the website, Designer is not responsible for any losses incurred by the Client, it's affiliates, contractors or employees etc, that may occur as a result of server down time.
12. Logo
If the client chooses to have a logo included in the site, Client agrees to provide the logo in digital format. The logo will be resized as appropriate for the design and layout of the site.
13. File ownership
Upon completion of the site, the files are the property and responsibility of the Client unless otherwise specified in the project agreement.
14. Client Responsible for All Content
The client is responsible for all content on the website and hereby agrees to hold harmless DesignedToProfit.com and Alexander Industries Inc., it's vendors and subcontractors from any and all responsibility for any legal or financial or business effect that may result from any content on the website. All permissions, legal right to copy, logo, images etc. placed on the website are the sole responsibility of the Client. Client hereby agrees to hold Designer harmless etc.
15. Search Engine listing and optimization
Unless specifically noted in the proposal, this project does NOT include search engine submission, listing or optimization.
16. Site Certificate
Unless specifically mentioned in the project proposal, this project does NOT include the purchase of a site certificate for secure e-commerce transactions.
17. Training
This project includes up to two hours of training and instruction over the telephone. The training will cover such things as updating the site, the addition of content and how to use specific features unique to the project and website.
If you have any questions about this agreement, please feel free to call or email us.
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