1.1 Art & Design (hereinafter referred to as "the consultant") and the aforementioned client.
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2.1 The client hereby retains the consultant to internet services, design and develop, and the consultant hereby agrees to design and develop, a hypertext (HTML) website (hereinafter referred to as "website", “site” or “web pages”) and make it available on the internet. The client, and not the consultant, is solely responsible for all website content. The services provided also include:
3.1 The consultant will develop the web pages for the client according to the proposal in artedesign.us, in accordance with the links provided by the consultant. Modifications in the pages may be performed according to the needs of the client during the development period.
Throughout the development period a website preview screen will be presented. This screen may have its layout changed up to 3 times, apart from colors, fonts and shapes. After this screen is approved, only its HTML content can be modified (text and diagramming), but not the graphic content (background, transparent pictures, buttons, animations, etc.). In case of modifications, the set up fee will be increased by 30% for each new layout or modification presented. Besides, the delivery date will be delayed according to modifications requested. After the programming is started, the content of each page can be modified no more than twice (start – 1st correction – 2nd correction and final). If more modifications besides these ones are made necessary, they will be charged apart from the value previously agreed, according to the amount of pages versus the cost of each one in relation to the value of the website. Every single modification must be sent by dated email or fax, except for content images of the Client. Modifications requested by phone will not be accepted in any case. The Client is not allowed to advertise on the media as a way of anticipating the delivery schedule of the website, in which case the Client will have its website published incompletely and hence will be liable to pay the Consultant all the financial obligations herein. The Consultant has the obligation to deliver the complete website within the schedule.
3.2. The Client is solely responsible for supplying all the material concerning the content of the web pages (texts, images, sound and video) necessary for their development within 10 days as of the date of this contract. After the material is delivered, the substitution or addition of content to the material will not be accepted. In case the delivery of the material within the deadline set herein cannot be met, the website development deadline will be put off for the number of days of delay.
3.3 Based on its sole criteria, the Consultant is allowed to change the duration of this contract if the supply of the information to be published on the web pages by the Consultantis considered deficient or compromises the development time given by the Client.
The Consultant is granted the sole right to modify and change the web pages as long as this contract is valid. In case the web pages need to undergo changes concerning inclusion of the programs Flash, DHTML, Java, CGI (except for forms) and/or other services not provided by the Consultant, the Client must inform the Consultant of the changes at least two days before and they will be performed (or not, based on the Consultant’s criteria) by the Consultant.
3.4 In case of additional, unexpected requests, both parties will set values and deadlines in agreement.
4.1 The Client will pay the Consultant the value set in the beginning of this document or the value corrected due to overtime work.
4.2 The payment will be carried out by personal check in the name of the Consultant, direct deposit, via Paypal or cash.
4.3 Occasional adjustments in the values of this service agreement, due to modifications requested by the Client and not established at the moment this contract was signed, shall be communicated to the Consultant no later than 5 days prior to the payment (or next installment) date, replacing the values described in this contract. Such adjustments may (or not, based on the Consultant’s criteria) have a new payment date. Communication will be by phone, email or personal contact.
4.4 In case of any non-payment or late payment, a penalty of 2% on the monthly installment value will be charged, plus inflation adjustments through the effective payment date.
4.5 The Client in debt may only have its web pages removed from the internet (based on the Consultant’s criteria) in case of non-payment of the annual hosting fee or website development monthly installments.
5.1 The Client is solely responsible to avoid data loss, improper changes or any other possible harm upon making the information available on the internet, as well as to hold a backup of the web pages; the Consultant is not liable, under any circumstances, for losses or harm caused by problems on the internet provider of the Client.
6.1 The term of this agreement will be one year commencing from effective date hereof and will automatically renew for one year renew periods.
6.2 Any party will be deemed to have breached the Agreement if it fails to perform any obligations hereinto or if it does not comply with all applicable international, federal and state laws and regulations in performance of its respective rights and obligations; the non-breaching party is entitled to issue written notice to terminate this Agreement to the breaching Party.
6.3 If the event of termination of this agreement, the Consultant will not refund any paid fees. The costs arising from the development already performed prior to the effective termination date will be paid by the Client.
7.1 This Agreement will be governed by and construed in accordance with the laws of the United States.
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