Terms and Conditions for Web Site Design

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1. WEB DESIGN (AND RE-DESIGN) SERVICES INCLUDE:
   
   A. Email/Phone Consultation. Designs By Tabitha will provide up to one total hour of general orientation (via phone, e-mail, fax, and/or in person) which includes, but is not limited to, our Design Process, services offered, and prices for our services, and a questionnaire. (Phone conversation cannot exceed 15 minutes.)
   
   B. Web Page Design. Web pages are designed based on design consultation between client and Designs By Tabitha.
   1. Designs By Tabitha will provide the following for compensation as described in section 3 in this agreement: one draft with 1 revision, up to 10 web pages (e.g. home page, contact page, products page, etc.), custom designed graphics, and one final revision (All revisions have to be made within one week immediately after presentation of draft and/or web site.)
   
   
   C. Domain Name Registration/Reservation. Client will reserve and register domain name(s). Designs By Tabitha is not responsible if such name(s) is unavailable for any reason. Client is responsible for all domain name fees and registration costs.
   
   D. Custom Graphics. Designs By Tabitha will provide Client with the following graphics: masthead (at top of page) and up to 2 additional images on each web page.
   
   E. Web Page Installation. Designs By Tabitha will install the Pages on the client's web host server.
   
   G. Revisions/Updates. Designs By Tabitha will provide Client with 1 free revision within a 1 week period after the installation of the Pages. The purpose of the revision is to: i) make minor cosmetic adjustments to the Pages and ii) correct any errors; however, they are not for the purpose of making material changes to the pages. Additional consultation, revisions and maintenance may be purchased at Designer's hourly rate of $20 per hour or client's choice of maintenance subscription as described in the Designs By Tabitha Terms and Conditions for Web Maintenance under section 4.
2. AUTHORIZATION. If applicable, Client hereby authorizes Designs By Tabitha to access the Site's web hosting account. Client further instructs the hosting company to provide Designs By Tabitha with access to any directories or other programs, which need to be accessed for the completion of the Services pursuant to this Agreement.
3. COMPENSATION: For the Services contemplated in this Agreement, the Client will pay Designs By Tabitha the Web Design fees as described below. These fees do not include the production of any additional pages, additional photos, or additional graphics not described in Section 1 of this Agreement. Payment shall be made as follows.


20% (non-refundable deposit) of the total cost (total cost being *$300) to be paid to Designs By Tabitha before any web design work is done.

Remainder amount of the total cost upon Completion of the Services.

Any work done beyond scope of Web Page Design as described in section 1 part B will incur regular fee of $20/hour.

"Completion of the Services" means the earlier of: i) upon approval of the Site by Client after the Site has been uploaded to the internet, or ii) 7 days after the site has been uploaded to a the internet for approval by Client if Client has not notified Designs By Tabitha of its approvall or disapproval of the Site. (*Price is subject to change without a work order)
4. TIME OF COMPLETION: Designs By Tabitha will take all reasonable actions to complete the Services within 30 days, however, Client acknowledges that delays in Designs By Tabitha receiving materials from Client or a third party may slow completion of the Services.
5. EXPENSES: Client agrees to reimburse Designs By Tabitha for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement including, but not limited to, special graphics, special photography, special software, special fonts, etc.
6. INDEPENDENT CONTRACTOR. Designs By Tabitha is an independent contractor and not an employee of the Client, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of Client.
7. CONFIDENTIALITY: Designs By Tabitha acknowledges that he/she may have access to Client's confidential and proprietary information. Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Client may designate as confidential ("Confidential Information"). Designs By Tabitha agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, written consent of such a disclosure. In addition, Designs By Tabitha will use its best efforts to prevent any such disclosure. Confidential Information will not include information that is in the public domain, unless such information falls into the public domain through Designs By Tabitha's unauthorized actions.
8. OWNERSHIP OF PREPARED MATERIALS: Except those items described below, all materials, including the Pages and Custom Graphics, prepared by Designs By Tabitha for Client (the "Prepared Materials") shall be considered the exclusive property of Client. Designs By Tabitha hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client. The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement ("Pre-existing Materials"). Designs By Tabithar hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials. Client acknowledges and agrees that Designs By Tabitha may include the Site, the Pages or any of the other Prepared Materials in Designer's portfolio. (Please read information under Exhibit A concerning images created using images obtained through a 3rd party.)
9. CLIENT REPRESENTATIONS. Client represents and warrants that the text, graphics, and photographs provided to Designs By Tabitha for the Site are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by this Agreement. Client shall be solely responsible for the Site and materials on the Site and the validity of copyrights, trademarks and ownership claimed by Client. Client agrees to indemnify and hold Designs By Tabitha harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, or iii) any claim, suit, penalty, tax or tariff arising from Client's use of the internet or electronic commerce . (Please read information under Exhibit A concerning images created using images obtained through a 3rd party.)
10. TERMINATION OF CONTRACT: In the event Client cancels or terminates this Agreement before Completion of the Services, Designs By Tabitha shall be paid by Client pro rata for all completed work and the payment of any authorized expenses.
11. RETURN OF PROPERTY: Upon termination of the Services, Designs By Tabitha will promptly return to Client all drawings, documents and other tangible manifestations of the Confidential Information (and all copies and reproductions thereof). In addition, Designs By Tabitha will return any other property belonging to Client.
12. CONTINUING OBLIGATIONS: Notwithstanding the termination of this Agreement for any reason, the provisions of Sections 7, 8 and 9 of this Agreement will continue in full force and effect following such termination.
13. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
14. CUMULATIVE RIGHTS: The Parties' rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
15. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
16. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
17. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Client and Designer. Designs By Tabitha reserves the right to change or update the terms and conditions of this agreement without prior notice.
18. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.

EXHIBIT A * Images created by Designs By Tabitha

Images created solely for website design by Designs by Tabitha may contain photography obtained from a 3rd party on the internet that were purchased under a one-time use license agreement with certain restrictions. Printing and distribution of such photos may not be possible under restrictions that apply under the one-time use license agreement.