Terms and Conditions:
All services provided by Elkhorn Solutions, L.L.C to the customer are subject to the following
terms and conditions. (Hereafter Elkhorn Solutions, L.L.C. shall be known as ES.)
1. Acceptance:
A signed statement must be provided by all new Customers at the time of submission of work to
ES, indicating agreement to and acceptance of these Terms and Conditions. Contract will be valid for one year from date of signing.
2. Charges:
All ES design services require an advance payment of a minimum of 50% of the invoice total before
the work is supplied to the customer for preview. Quotes for custom services will be provided after
evaluation of the requirements submitted by the Customer. Complete estimates will be provided on
request, and are valid for thirty days from the date of issue (see paragraph 10).
3. Payment:
Checks are to be made payable to Elkhorn Solutions, LLC. Payment must be received in full before
the pages are placed on the server.
4. Default:
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the
Customer in default maintains any information or files with ES, ES will, at its discretion, remove all
such material from its archives. Removal of such material does not relieve the Customer of its
obligation to pay any outstanding charges assessed to the Customer's account. Checks returned for
insufficient funds are assessed a return charge of $25 and the account is immediately considered to be in default until full payment is received. Customers with accounts in default agree to pay ES
reasonable expenses, including attorney fees and costs for collection by third-party agencies,
incurred by ES in enforcing these Terms and Conditions.
5. Termination:
Termination of services must be requested by either e-mail, telephone requests, or written
confirmation. The customer will be invoiced for authoring work completed to the date of first notice
of termination for payment in full within 30 days.
6. Legal Restrictions:
ES services may be used for lawful purposes only.
7. Copyright:
Customer retains the copyright to data, files and graphic logos provided by the Customer, and
grants ES the rights to publish and use such material. Custom artwork and graphic logos designed
by ES for use in the Customer's web presentation will remain the property of ES, at its discretion,
ES will grant the Customer's rights to use such material in formats other than web presentations.
The Customer must obtain permission and rights to use any information or files that are copyright by
a third party; the Customer is further responsible for granting ES permission and right for use of the
same.
8. Indemnity:
The Customer agrees to indemnify and hold harmless ES from any and all claims resulting from the
Customer's use of ES's services which cause damage to the Customer or a third party.
9. Disclaimer:
ES makes no warranties of any kind, whether written or implied, for the services it provides. ES
also disclaims any warranty of merchantability or fitness for a particular purpose. ES will not be
responsible for any direct, indirect , or consequential damages which may result from the use of its
services including loss of data resulting from delays, non-delivery or interruption in service.
10. Agreement of Service to be provided and costs of said service:
ES will:
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Design, publish, and maintain a web site for ________________________.
Initial hourly writing rates will be charged at $________/hour.
Maintenance fees will be at a rate of $________ per hour.
Maintain a copy of customer's current files for the term of this contract.
Procure web server cost and register name . This cost will be recurring as follows:
Server Cost $___________ for one year. Domain name $70.00 for two years.
Provide a monthly billing of maintenance costs and transactions (as required).
Provide free consultation.
Will be responsible to replicate the exact information as supplied by the customer
in a manner as outlined in para. 11.
Your Company will:
Grant ES authorization to use all associated logos.
Submit payment within 15 days of billing.
Not use ES logo or name in any advertising or distribution without our consent.
Allow ES to review all advertisement for possible inclusion of information into their
web site.
Allow ES to use them as a referral of services rendered.
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11. General:
As we believe in the intent of the first amendment, we reserve the right to refuse to create, maintain, link to, publish or consult on any page or web site that we believe, is not in our or our customers' best interest. This includes any page or site that is illegal or promotes any illegal actions. In the event that a customer purchases our services and then publishes and controls their site, we will not be responsible for their actions.
In the event that ES should be dissolved, regardless of reason, all customers files will be transferred to them to do with as they wish. They will become sole owner of all copyright material developed by ES or their contracted representative, associated with the customers page(s).
These Terms and Conditions supersede all previous representations, understandings or agreements
and shall prevail notwithstanding any variance with terms and conditions of any order submitted. The
Customer's signature below constitutes agreement to and acceptance of these Terms and
Conditions.
I have read and understood the Terms and Conditions for service provided by Elkhorn Solutions,
L.L.C., and agree to abide by them
Authorized
Signature:__________________________________________________________________
Company
Name:________________________________________________ Date:_________________
Elkhorn
Representative:__________________________________________ Date:_________________