Agreement for Web & Graphic Design Services
This agreement is between 'Client' (Purchasee) and 'Provider' (LegitDesigns, LLC)
Purchasee must be above the age of 18 to enter into this agreement with LegitDesigns, LLC. If under the age of 18, a legal parent or guardian of child must be the one creating the account and ordering with LegitDesigns, LLC.
'Client' is engaging above named 'Provider', a LLC, as an independent contractor for the specific project of developing a web site. The 'Client' hereby authorizes 'Provider' access and "write permissions" to all directories and files of this account.
WEB & GRAPHIC DESIGN SERVICES
1. Design to include web page layout: placement of filler text, graphics/photos, navigation links, external links and e-mail links., CSS stylesheet and installation into a hosting account.
2. Minor updates and changes to web site at no charge for one week beginning when web site is transferred to the internet for public viewing. Minor changes are limited to: changing wording, or making general design or text corrections. 'Provider' hourly rates will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in purchase.
3. Large amounts of customization in the PSD before coding which is defined as exceeding 2 hours would be billed at an hourly rate of $75 an hour.
Web Hosting Terms and acceptable Use
You may not publish or transmit via LegitDesigns, LLC service any content that LegitDesigns, LLC reasonably believes:
•constitutes child pornography;
•constitutes pornography or adult related material;
•is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
•is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
•is defamatory or violates a person's privacy;
•creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
•improperly exposes trade secrets or other confidential or proprietary information of another person;
•is intended to assist others in defeating technical copyright protections;
•clearly infringes on another person's trade or service mark, patent, or other property right;
•promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
•is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to LegitDesigns, LLC; or
•is otherwise malicious, fraudulent, or may result in retaliation against LegitDesigns, LLC by offended viewers.
You may not engage in illegal, abusive, or irresponsible behavior, including:
•Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to LegitDesigns, LLC and its customers) without express authorization of the owner of the system or network;
•Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
•Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
•Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
•Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
•Any conduct that is likely to result in retaliation against the LegitDesigns, LLC's network.
•Use of LegitDesigns, LLC's network in a way that unreasonably interferes with LegitDesigns, LLC's other customers use of the network
FEES & PAYMENT
1. All fees payable in US dollars.
2. Web Design cost is variable and based on individual design.
3. A down payment or full payment may be required prior to any work beginning.
4. Payments will be accepted via PayPal, Visa, Mastercard, Discover, and check.
COPYRIGHT AND TRADEMARKS
1. The 'Client' represents to 'Provider' and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 'Provider' for inclusion in web site 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, and defend 'Provider' from any claim or suit arising from the use of such elements furnished by the 'Client'.
2. Copyright to the finished assembled work of individual web site produced and designed by 'Provider' is owned by 'Provider'. This ownership is to include rights to the design, any photos or graphics supplied by 'Provider', source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the 'Client' is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site. The client may NOT resell artwork commercially or list items for sale in bulk on websites such as Envato or WebHostingTalk unless permissions is given to client by Provider before hand in writing and authorized by the representative of LegitDesigns, LLC (Alex Fuller). Commercial work’s rates would be discussed before accepting or starting a project.
Failure to abide by these terms will be render a $500 fee for copyright violation if money received by provider’s artwork does not exceed $1000 USD. The amount of money sold from our artwork exceeds $1000, a $1000 USD fee and an additional 20% will be owed to Provider for copyright violation and breach of contract. Failure to abide by these terms renders Client liable for copyright breach and for damage to company’s business which will be handled in court (see “ENTIRE UNDERSTANDING”)
3. All graphics, photos and text provided by 'Provider' are property of 'Provider' or are licensed to be used on clients website or artwork and may not be used in any media outside the single web site or graphic without permission or transfer of rights specified in writing between 'Provider' and 'Client'.
1. In the event that 'Client' or other agent acting on the behalf of the 'Client' accesses files and disrupts the layout or functionality of the web site, 'Provider' can work to get the web site back up and running at the regular hourly rate.
2. Under no circumstances, including negligence, shall 'Provider', or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 'Provider's' services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to 'Provider's' records, programs or services.
LAWS AFFECTING ELECTRONIC COMMERCE
The 'Client' agrees that the 'Client' is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 'Provider' and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the 'Client's' use of Internet electronic commerce.
'Provider' is a developer of ethical web sites. As such, 'Provider' will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will 'Provider' design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
1. 'Client' agrees that 'Provider' may put a small byline link on the bottom of their web page establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that 'Provider' will be notified of any design changes to this web site. If ‘client’ does not wish to put authorship in the byline, then ‘Provider’ reserves the right to charge up to 15% on top of total projects cost.
2. 'Provider' may use 'Client' web site or artwork as a sample of work in print or through a web site link. Includes social media and Website Portfolio.
Provider may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to Client. Any knowledge acquired by Provider from such materials are allowed to be expressed or published on website or social media unless expressly stated in writing or orally by client. No personal information will be made public or sold to third parties, only previews and descriptions of projects may be published online in an effort to promote the provider’s work.