Web Site Design Terms and Conditions

I. Authorization

The Client is engaging Tiny Web Designer for the specific project of developing and/or improving an existing World Wide Website to be installed on the Client’s web space on a web hosting service’s computer. The Client hereby authorizes Tiny Web Designer Service to access this account, and authorizes the web hosting service to provide Tiny Web Designer Service with “write permission” for the Client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.

II. Ownership of Artwork

Until full payment has been made,Tiny Web Designer Service retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the Client shall obtain ownership of the final artwork to use and distribute as they see fit. Tiny Web Designer Service retains the ownership of all native files and supporting artwork, and has the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements.

III. Client Obligations

Tiny Web Designer Service requests that all photos, copy, text, and web content be supplied by the Client via e-mail, fax or online upload within 4 weeks of the date of the Agreement. ,Tiny Web Designer Service and the Client must work together to complete the website in a timely manner. If this request cannot be fulfilled, it is understood by the Client that ,Tiny Web Designer Service will not be held responsible for missing or delaying any deadlines set by the Client.

IV. Progress Reports

Tiny Web Designer Service shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to the development and testing of the site. Tiny Web Designer Service shall inform the Client promptly by online support system or e-mail upon discovery of any event or problem that may delay the scheduling of projects.

V. Proofing of Final Project

Tiny Web Designer Service shall make every effort to ensure the final product is free of any grammatical and spelling errors before giving the final product to the Client. It is agreed that it is the Client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. (client must provide text) It is agreed that Tiny Web Designer Service is not responsible or held liable for any errors contained in the final product after the final product has been approved by the Client ( at 2nd Testing phase) and is posted in view of the public.

VI. Client Alterations

There shall be no charges to the Client for revisions, corrections, or additions made necessary by errors on the part of Tiny Web Designer Service. Any other changes requested by the Client shall be considered Client’s Alterations if they are requested after the acceptance of the site design. The Client shall be responsible for making additional payments according to the current pricing structure for any Client’s Alterations and any other changes in original assignment requested by the Client.

VII. Maintenance

The Agreement includes maintenance to the website for a period of one week after completion, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text, nor does it include making adjustments to any graphic materials. Minor updates should not exceed more than 25% content change of any single page. Changes requested by the Client beyond those limits will be considered Client’s Alterations and shall be billed at the rate noted herein. If the Client or an agent other than Tiny Web Designer Service attempts updating the website, time to repair web pages will be assessed at the hourly rate, and is not covered under the initial 4 week maintenance period. In addition,Tiny Web Designer Service offers web maintenance services at $15 per hour and/or $25-$75 per additional web page.

VIII. Additional Services

Any revisions, additions, or redesign the Client wishes Tiny Web Designer Service to perform which are not specified in the Agreement shall be considered “additional” and may require a separate Agreement and payment terms. Tiny Web Designer Service shall advise the Client on any requested work that falls within these bounds.

IX. Special Free Hosting Promotion.

Tiny Web Designer offer free hosting account for first 12 months on one condition. During the 12 months of time, client is not authorized to access to the hosting panel. Tiny Web Design service must maintain the site for the Clients. Tiny Web Designer Setup all email accounts before the site delivery.

X. Payment Terms

Acceptable forms of payment may include credit card, cash, or check made out to “Tiny Web Designer.” Should collection activities become necessary, the Client agrees to pay all fees relating to said collection activities.

a. Website Design A $50 non-refundable deposit is due at the signing of the Agreement prior to the commencement of any work. Once the initial design concept has been approved, 50% of the estimated cost shall be due. Further development will not proceed until receipt of this payment. The balance shall be due at the delivery of the site prior to posting live. In the event that the Client prolongs the completion date for more than 60 days by failure to respond to inquiries or approval requests, Tiny Web Designer reserves the right to be paid in full for all work completed up to that point. If payment is still not received within 15 days of this period,Tiny Web Designer will remove all files pertaining to this Agreement from the server and collection activities may become necessary.

b. Web Maintenance Payment terms for Web Maintenance services are Pay per work, and these services are billed on a monthly basis. However $10 initial payment required before any maintenance task. If full payment is not received within 15 days of invoice due date, we reserve the right to place a hold on all current projects with the Client until payment has been received in full. If an amount remains delinquent 45 days after invoice due date, collection activities may become necessary.

XI. Limitation of Liability

Client agrees that it shall not hold Tiny Web Designer liable for any incidental or consequential losses which arise from Tiny Web Designers’ failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Tiny Web Designer or a third party. Additionally, Tiny Web Designer shall not be held responsible for any third party actions that result in loss or damage to the Client’s property or alterations made to the Client’s website.

XII. Trademarks & Copyrights

The Client represents to Tiny Web Designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Tiny Web Designer for inclusion in web pages 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 Tiny Web Designer from any claim or suit arising from the use of such elements furnished by the Client.

XIII. Design Credit

The Client agrees that Tiny Web Designer may place a small, unobtrusive text link at the bottom of web pages constructed, establishing design and developing credit. The Client agrees to display this link for as long as the website, designed by Tiny Web Designer, is publicly displayed on the internet, regardless of where the site is hosted or maintained. Removal of this design credit may result in additional fees.

XIV. Cancellation/Termination

You may cancel your Website Design Agreement with us at any time by sending us written notice by Fax, provided that payment is up-to-date. Regardless of when the assignment is terminated, all billable expenses already incurred by Tiny Web Designer or Tiny Web Designer is liable to pay for shall be paid by the Client in full at the time of termination.

XV. Confidentiality

All correspondence and documents provided will be treated as confidential between the Client and Tiny Web Designer, unless consent has been granted by both parties involved. Information shall not be considered confidential if it is already publicly known through no act of Tiny Web Designer.

XVI. Legal Fees

In the event that Tiny Web Designer must settle a dispute over payment in court with the Client, the Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Tiny Web Designer.

XViI. Changes to Agreement

Tiny Web Designer may change the rates, fees, and terms of this Agreement at any time we see fit. These changes will be made public knowledge by being posted on our website at www.tinywebdesigner.com.