The following Terms & Conditions constitute an AGREEMENT by and between client, hereafter referred to as "Client" and L&B Data Systems hereafter referred to as "Developer or Consultant". This agreement is with respect to the design or re-design of Clients website, hereinafter referred to as the "Work." Whereas, Consultant is a professional web designer of good standing; Whereas, Client wishes Consultant to create certain Work described more fully herein; and Whereas, Consultant wishes to create such Work; now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
The full length of this agreement is as follows:
The term of this agreement will continue upon acceptance by both parties until such time as both parties agree that the proposed work is completed and that all financial obligations have been fulfilled.
Work will begin on Clients site upon receipt of a deposit in an amount to be determined, as a deposit for project commencement. Starting date will be within 5 business days of receipt of deposit.
Initial cost of work will be deducted from the aforementioned deposit; afterwards Developer will bill Client weekly on Friday for work done with invoiced amounts due within 5 days of invoice date, with the balance remaining due upon completion and prior to file relinquishment, and/or final upload of website to Client's web server.
Cash or Personal Checks, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are amounts invoiced due in full upon receipt of invoice. All goods remain the property of the Company until paid for in full. Monies that remain outstanding after 10 business days of the invoice date will incur a late payment charge in the amount of $25; if amounts due exceeds 30 days past due, late fees per month of $25 will continue to accrue. If the account is turned over to collections an additional collection fee of $150 will be accessed. We reserve the right to seek recovery of any monies remaining unpaid thirty (30) days from the date of invoice via collection Agencies and/or through the Small Claims. In such circumstances, you shall be liable for any and all additional administrative, collection and/or court costs and fees.
Returned checks will incur a $35 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Consultant agrees to deliver samples of design on dates as agreed upon as described in "DESCRIPTION OF WORK" section of this agreement. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
Changes in client input or direction or excessive changes will be charged at $45.00/hr. Any work the Client wishes Consultant to create, which is not specified in the "DESCRIPTION OF WORK" section within this agreement be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.
Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Scripts, Stock photography, Travel)
If Client or Consultant cancels this agreement for any reason as specified in the "TERMINATION" section of this agreement any unearned moneys held by Consultant will be refunded to Client. No refunds will be tendered for work completed by Consultant accepted by Client as indicated by the weekly billing cycle.
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials created by Consultant.
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.
Copyright is in Consultant's name. Copyright will be released to Client upon completion of Work and payment in full for work done.
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
This Agreement shall be governed by and construed in accordance with the laws of Florida applicable therein.
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