Terms and conditions
Clause #1 – Contract Objective
Clause #2 - Duration and Development of Agreement
2.1 Duration of Contract
The execution of the requested services and the applicable remuneration will be done through equal monthly payments according to the chosen plan (basic, premium, platinum). A 24-month commitment is required to cover website design costs and obtain the discount associated with the plan. Thereafter, the customer can decide to maintain his monthly maintenance subscription or to cancel. The client officially becomes the owner of his website after the first 24 months. If the customer decides to terminate the contract before the end of the 24 month period, he agrees to reimburse the full amount of the discount in order to obtain full ownership of his website.
2.2 Provision for Delivery of Goods and Payment Due
The designer agrees to complete the tasks listed as per the terms on of the proposal document upon receipt of the initial payment and the subsequent monthly payments. Late payments will result in a 10% monthly charge for each month in arrears. If monthly payment arrears span for more than 3 consecutive months, the website URL will be temporarily suspended until payment is received in full.
Clause #3 – Provisions for the Designer
3.1 Services conform to the attached Design Agreement
3.2 Client Collaboration
3.3 Additional Work
Clause #4 – Designer Responsibility
4.1 Template Objectives
4.2 Collaborator Contributions
It is acknowledged that the Designer will be acting as an intermediary between the Client and any collaborators responsible for the completion of this project. The Designer cannot be held responsible for any resulting damages that may occur from the choices, actions or deeds performed by these contributors.
Furthermore, the Designer reserves the right to invoice for extra charges any additional work required as a result of any choices, actions or deeds performed by these collaborators.
Clause 5 – Client Responsibility
5.1 Content of finished product
The Client is solely responsible for all content that comprises the template created by the Designer for the Client whereby said content is to be inspected and approved by the Client upon receipt of each stage of production. The Client is responsible for providing pertinent information and guarantees its quality as it conforms to applicable legislation.
5.2 Client Guarantee of Copyright
The Client is solely responsible for securing any copyright on materials provided to the Designer for creation of the template. The Client is solely responsible for any copyrighting violations that may result from the Designer performing the required tasks. The Client will bear sole responsibility for any damages and resulting legal actions brought against the Designer following a copyright violation, namely:
- All convictions, financial or otherwise, incurred by the Designer.
- All related costs, legal or otherwise, notably lawyers’ fees
- All related damages, material or psychological, sustained by the Developer
- All resulting settlements with collaborators concerning a copyright violation as a result of the Designer performing the required tasks.
Clause 6 – Property Rights
6.1 Property of materials provided by the Client
6.2 Property of Templates created by the Designer
The templates created by the Designer for the Client remain the property of the Designer until final payment is received for the full amount of the invoice pertaining to the attached Design Agreement. Upon receipt of full payment, all templates chosen and approved by the Client become said Client’s property.
Specifically, it is understood between both parties that, upon full payment of the sum indicated in the “Offer Agreement” for this document, the Client will assume sole ownership of all rights, titles and interests, including copyrights, belonging to each template created by the Designer and accepted by the Client.
Subsequently, the Designer provides a guarantee to the Client that, subject to any copyright violations that may result from materials received from the Client, as stated in Clause 5.2 of this document, the templates created by the Designer and accepted by the client are originals and do not infringe on any third party copyrights. Subsequently, the Designer agrees to compensate the Client for any complaints or damages resulting from all aforementioned violations, including legal fees or otherwise, incurred by the Client, notably, lawyer’s fees.