Below is a general terms and conditions agreement for services provided by sell from the web. Certain projects may require special contracts to be drawn up. Please contact us at 919-747-3600 for more information.
Ecommerce websites are designed on Cre Loaded shopping cart applications and are limited to the functions provided by the shopping cart application.
ECOMMERCE WEBSITE DESIGN AGREEMENT
Authorization.
The client placing this order is engaging in a contract with Mo Zaman of Sell From The Web, located at 800 Wind River Parkway, Morrisville, NC 27560, for the specific purpose of developing and/or improving a World Wide website and/or setup hosting and an online shopping cart.
The client hereby authorizes Sell From The Web to access this account, and authorizes the web hosting service to provide Sell From The Web with "write permission" for the client's webpage directory and any other directories or programs which need to be accessed for this project.
Website Design Package Elements. If project is an ecommerce website package, project will include the following elements:
The installation and design of an ecommerce website on a Linux server and using a MySql Database with PHP programming language. The ecommerce website will include access to all features of the CRE loaded shopping cart system available after any template and design have been applied to the system.
Text.
Text supplied by the client and must be sent in a Word, PDF or text document. Each webpage requires a separate Word document.
Links.
Client will supply links to external pages, as needed.
Graphics.
All graphics to stay within general look and feel of the site and to be subject to Client's approval which approval shall not be reasonably withheld. Photos and other misc. graphic images must be supplied by client. Graphics not supplied by client and purchased from companies such as iStockPhoto.com will be charged at photo cost plus and an image editing fee of $2. This will be added to the package price of the site.
Model Release.
If client uses his/her own images, it is the sole responsibility of the client to obtain model releases and any other licensing agreements from models and/or photographers.
Installation.
Sell From The Web will install all webpages on the client's established web hosting service or Netspeed Hosting. All server technical issues are to be handled by client's web hosting company unless otherwise noted amongst all parties.
Access. Sell From The Web will require username and password to the client's web hosting account. All information will be held strictly confidential during the term and thereafter.
Maintenance and Hourly Rate.
During site development, minor updates and changes will be carried out subject to the limits outlined below. Additional changes will billed at an hourly rate. This agreement includes minor webpage maintenance to regular webpages over a two week period, including updating links and making minor changes to a sentence or paragraph. If the client or an agent other than Sell From The Web attempts updating the client's pages, time to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time.
The two week maintenance period commences upon the date the client's web site is officially published to the web. Changes requested by the client beyond those limits billed at the hourly rate of $50 per hour. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases, and art, photo, graphics services. PHP programming charges (if any) are not included in this rate.
After the two week period is over, the Maintenance Agreement, described below, will be in effect.
Web Hosting.
Client is responsible for obtaining a hosting account. The hosting account must be Linux, with PHP 5 and MYSQL.
Completion Date.
Sell From The Web and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website in a timely manner.
Payment of Fees.
Fees to Sell From The Web are due and payable in 50% in advance and 50% upon completion of the services purchased
Legal.
Sell From The Web does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will Sell From The Web 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 webpages or website, even if Sell From The Web 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.
Copyrights and Trademarks.
The client represents to Sell From The Web and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Sell From The Web for inclusion in webpages 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 Sell From The Web from any claim or suit arising from the use of such elements furnished by the client.
Laws Affecting Electronic Commerce.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Sell From The Web and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Payment of fees.
In order for Sell From The Web to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days of the due date. Sell From The Web reserves the right to remove webpages from viewing on the Internet until final payment is made.
If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency and the website will be "turned off from public viewing with a Splash Page stating that the web site is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then Sell From The Web reserves the right to "turn off " the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted.
In case collection proves necessary, the client agrees to pay all fees incurred by that process. This Agreement becomes effective immediately upon web site publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to a representative from Sell From The Web if they should arise. Regardless of the place of reading / signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Raleigh, NC, and any dispute will be litigated or arbitrated in Raleigh, NC.
Sole Agreement.
The agreement contained in this "Web Site Design Agreement" constitutes the sole agreement between Sell From The Web and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 12 months after all parties sign this contract. Continued services after that time will require a new agreement.
If the client halts work and applies by registered letter for a refund within 30 days, to Sell From The Web, 511 Shelly Ridge Lane, Raleigh NC 27609, Phone – 516-495-0479, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client.
If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
By purchasing this product you agree to the terms of this agreement.
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refunds
Because of the nature of our business refunds are handled on a case by case basis and service charges apply for work done and time spent on a project.
Starter web packages, because they are basic installation, are not refundable. Partial refunds may be granted for all other packages depending on the amount of time spent and work done on the project.
Add-on services are non-refundable. For special consideration please contact us at 919-747-3600