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P.O. Box 2846
Calhoun, GA 30703
Ph. 706.624.9403
or 770.608.3568
Designs By Tabitha

Terms and Conditions for Web Site Maintenance

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  1. SERVICES: Client shall engage Consultant for the maintenance of its currently, existing world wide web site for a maximum of 6 hours per month (an hourly maintenance rate of $30 per hour will be applied after that). Such services to be described in greater detail below.

    A. Content. Upon Client request, Consultant will edit, revise, update or create new content on Client's existing pages.

    B. Content Update Timeline. Client may submit content updates via telephone, e-mail, or by courier. All updates will be made to the client's web site by the consultant within five business days of the consultant receiving complete update information. Designer will take all reasonable actions to complete the Services within five business days, however, Client acknowledges that delays in Designer receiving materials from Client or a third party may slow completion of the Services. Client also acknowledges that Designs By Tabitha cannot guarantee content update within 5 business days. (*Update requests exceeding the 6 hours per month maximum maintenance time are not subject to this update timeline.)

    C. Consultation. Consultant will provide Client, upon Client request, consultation which includes, but is not limited to, any and all internet orientation, trouble shooting, and marketing strategy.

    D. Disaster Recovery. Provide disaster recovery from backup and maintain a current file library of all assets, graphics, source code and revision history of the Site.

    E. Confer With Vendors and Affiliates. Consultant will, in matters relating to the Site confer with Client's web host, registrar, and any other service entities.

    F. Fixes/Updates. Consultant will, as necessary, fix/update technical errors on the Site.

    G. Update Links. Consultant will, as necessary, update any links on the Site.
  2. AUTHORIZATION. If applicable, Client hereby authorizes Consultant to access the Site's hosting. Client further instructs the web hosting provider to provide Consultant 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, Client will pay Designs By Tabitha for services as described in the Maintenance Subscription Plans below:
    A. Yearly Maintenance Subscription plan:
    $300 to be paid one time per year
    B: Monthly Maintenance Subscription plan:
    $30 to be paid one time per month
  4. EXPENSES: Client agrees to reimburse Consultant 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.
  5. INDEPENDENT CONTRACTOR. Consultant 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 the Client.
  6. *OWNERSHIP OF PREPARED MATERIALS: Except those items described below, all materials prepared by Consultant for Client (the "Prepared Materials") shall be considered the exclusive property of Client. Consultant 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"). Consultant 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 Consultant may include the Site, specific pages from the Site and/or any of the other Prepared Materials for the Site, in Consultant's portfolio.
  7. *CLIENT REPRESENTATIONS. Client represents and warrants that the text, graphics, and photographs provided to Consultant 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 Consultant 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, iii) any errors or omission on the Site, or iv) any claim, suit, penalty, tax or tariff arising from Client's use of the internet or electronic commerce.
  8. EARLY TERMINATION: This Agreement may be terminated early by either party if non-terminating party fails to perform his/her duties or materially breaches any obligation in this Agreement.
  9. RETURN OF PROPERTY: Upon termination of the Services, Consultant will promptly return to Client all drawings, documents and other tangible manifestations of the Confidential Information (and all copies and reproductions thereof). In addition, Consultant will return any other property belonging to Client including without limitation: computers, office supplies, money and documents.
  10. CONTINUING OBLIGATIONS: Notwithstanding the termination of this Agreement for any reason, the provisions of Sections 7 and 8 of this Agreement will continue in full force and effect following such termination.
  11. 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.
  12. 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.
  13. 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.
  14. 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 court of competent jurisdiction deems any provision of this Agreement invalid or unenforceable, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
  15. 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 Consultant. Designs By Tabitha reserves the right to change or update the terms and conditions of this agreement without prior notice.
  16. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.