Terms of Service

Authorization. The Client (hereinafter referred to as "Client") is engaging New Evolution Web Designs., (hereinafter referred to as "NE Web Designs"), as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service", or provided on writable media at the Client's option. The Client hereby authorizes NE Web Designs to access this account, and authorizes the Hosting Service to provide NE Web Designs, 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. The Client also authorizes NE Web Designs to submit the completed Web Design Project to major Web Search Engines.
Development. This Web Design Project will be developed using various commercial software products and proofed by hand.
Browser Compatibility - Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. NE Web Designs represents and warrants that the website we design for you will work in:

Microsoft Internet Explorer versions 3 and up
Mozilla FireFox versions 1.0 and up

While NE Web Designs will make reasonable efforts to design a fully functional website, NE Web Designs’ warrantee does not cover AOL, text-based browsers or requested special effects that we have advised you against.

Accessibility for People with Disabilities – NE Web Designs’ standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

Assignment of Web Design Project. NE Web Designs reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to NE Web Designs 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, indemnify and defend NE Web Designs and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Website Maintenance. This agreement allows for minor website maintenance to pages over a 1 month period, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, modifying of applications, discussion webs, navigation structure changes, attempted updates by Client repairs, or Web Design Projects delivered to Client via diskette. The period of 6 months begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was signed, which ever comes first.
Completion Date. NE Web Designs 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 Client has submitted all necessary materials. If the Client does not supply NE Web Designs with complete text and graphics content for this Web Design Project within 60 days of the effective date this agreement, the entire deposit amount of the agreement shall be retained by NE Web Designs as liquidated damages and the contract shall become null and void, at NE Web Designs’ option, unless the Web Design Project is cancelled in writing by the Client prior to 60 days of the effective date of the agreement.
Project Delivery. The final website design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that NE Web Designs includes the option of providing hosting for their Web Design Project, and are given a free month period with any new Web Design Project. Regardless of which hosting service is chosen, The Client agrees to select a hosting service, which allows NE Web Designs full access to the Client's account via FTP. The Client will be solely responsible for any and all hosting service charges.

Diskette: The Client assumes all responsibility for the use and functionality of the Web Design Project.

Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend NE Web Designs and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Web Design Project Copyright. NE Web Designs will own copyright to the finished web design site produced by NE Web Designs, unless the initial Web Design Project has been stated as a redesign. The Client will be assigned rights to use the Web Design Project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. NE Web Designs and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to NE Web Designs' Web Site.
Payments. Payments must be made promptly based on the terms of this Website Design Project. NE Web Designs reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective only when signed by NE Web Designs. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Rockingham County, New Hampshire, and any dispute will be litigated or arbitrated in Rockingham County, New Hampshire, and the Client hereby consents to the personal jurisdiction of the New Hampshire State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.
Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and Attachment A, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and NE Web Designs agree that the services described in this contract, and Attachment A, shall be completed for at the agreed price. The Client agrees to pay to NE Web Designs an initial, deposit (normally, 50% of the estimated total cost or a minimum of $200.00) upon execution of this agreement. Final payment is due prior to publication and/or delivery of the Website Design Project. All amounts must be in U.S. Dollars.
Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither NE Web Designs nor any of its employees or agents, 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 NE Web Designs 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 NE Web Designs has been advised of the possibility of such damages.
This Agreement. This agreement constitutes the sole agreement between NE Web Designs and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and NE Web Designs. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.

The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Terms of Service

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