The client is engaging WeVibe Entrepreneurs, as a Entrepreneurs Community Network. of this Web site. Hereafter, the client will be known as the "Client" and WeVibe Entrepreneurs will be known as the "Developer." The client hereby authorizes the developer to access this account and any other directories or programs which need to be accessed for this project.
2. Acceptable Use.
An acceptable use policy is part of these terms and conditions in participating in WeVibe Entrepreneurs Network Community. The exhibit with the description of the acceptable use policy is posted on our website and the exhibit is part of these terms and conditions.
3. Copyright and Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WeVibe Entrepreneurs for inclusion in the new project 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 WeVibe Entrepreneurs and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
WeVibe Entrepreneurs and the client must work together to complete the web design (ad placement) project in a timely manner. We agree to work expeditiously to complete the (ad placement) project no later than 45 days after the client has submitted all necessary materials. If the client does not supply WeVibe Entrepreneurs with complete text and graphic content for this web (ad placement) project within 60 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web (ad placement) project is published or the client cancels the web (ad placement) project in writing.
5. Project Delivery.
The web (ad placement) project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer, or physical media.
If the Project Delivery includes publishing, WeVibe Entrepreneurs will make a good faith effort to accommodate client's requested method of publishing. In the event WeVibe Entrepreneurs is not able to accommodate the request method of publishing the following statements apply. WeVibe Entrepreneurs may use FTP or SCP to publish to the site. If publishing to a hosting service is not feasible the information may be delivered on email.
7. Electronic Commerce Laws.
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend WeVibe Entrepreneurs and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
8. Web Design Project Copyright.
Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. WeVibe Entrepreneurs Publishing and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
9. Payment Terms / WorkFlow
A deposit of fifty percent (50%) is required to commence work. Once the developer receives the 50% deposit, the development process will commence. Communication between the developer and the client is crucial during development to ensure that the ultimate publication will match the client's taste and requirements. Upon certain milestones, the client will be asked to confirm acceptance of design elements and concepts via e-mail or by telephone. Clients should continually view updates to the site and express their preferences or dislikes to the developer.
Upon mutual agreement that this contract has been executed, an e-mail and invoice or letter and invoice will be sent to the client advising the client that the work has been completed. Final payment of the remaining 50% balance plus any additional charges incurred will be due within fifteen (15) days after delivery of said e-mail and invoice or letter and invoice. If the fifteen (15) day deadline is not met an additional charge of 10% is due immediately. If payment is not made within thirty (30) days of notification, simple interest will accrue on the balance owed at a rate of 18% from the date the 10% penalty was levied. Developer reserves the right to remove all Web content from the Internet if payment is not made within sixty (60) days after delivery of the project. Frequently, problems making payment are the result of poor communication in a company's Accounting Department. If a payment delay is anticipated, please contact the developer to discuss a resolution. We may be able to accommodate an alternate arrangement. All payments will be made in US $ funds unless agreed upon in writing by both parties.
The client agrees to reimburse the developer for any client requested expenses incurred after the agreement.
10. Legal Notice.
WeVibe Entrepreneurs does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will WeVibe Entrepreneurs be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if WeVibe Entrepreneurs has been advised of the possibility of such damages.
11. This Agreement.
This agreement constitutes the sole agreement between WeVibe Entrepreneurs and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgment of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.
This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.
14. Waiver of Contractual Right.
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
15. Laws Affecting Electronic Commerce
The client is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless the developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to info@WeVibe-Entrepreneurs.com
Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 5:00 p.m. Central Standard Time and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.
Except as directed by the client, the developer will not at any time disclose any confidential Information to any person whatsoever. Likewise, the client agrees that it will not convey any confidential information obtained about the developer to another party.
Email: info@WeVibe Entrepreneurs.com
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