Terms and conditions:
Order
Clients agree to pay in full
for all work designed
and/or produced by Mackey Web Design
for which they have placed an order.
Mackey Web Design requires 50% of the total order
to be paid in advance, in the form
of one of the following: credit card,
checks, money orders, or cashiers check,
before work is started on design project.
This deposit is non refundable once
work has begun.
The
remaining 50% balance must be paid
in full after completion
of the design(s) and approval* of
the design(s),before site goes live.When
ordered, search Engine Promotion and
the submission of the Web Design Project
to Web search
engines occurs only after
the full final payment is made. All
payments will be made in U.S. Dollars.
*Mackey Web Design does everything possible
to make sure Client is 100% satisfied
with each design and will make 'reasonable'
changes accordingly to the first design
shown to client, to the final. Near
or upon completion of Client's ordered
design(s), opportunity will be given
to view all or portion of design(s)
for adjustment, corrections and/or
approval. In Mackey Web Design's attempt
to transfer clients' visions into real
and functional designs, sometimes minor
rework or adjustments of completed
work is required, and Mackey Web Design
will certainly give Client opportunity
for review and/or approval as indicated
above, however it is not within 'reason'
to request an indefinite amount of
changes, and therefore Mackey Web Design
will not rework a design an unreasonable
amount of times over for the price
of doing it once. AFTER FINAL APPROVAL,
PAYMENT AND DELIVERY OF COMPLETED PROJECT
the order is considered done and any
new requests are considered new project
orders.
Completion Date.
Mackey Web Design and the Client
must work together to complete the
Web Design Project in a timely manner.
We agree to work expeditiously to complete
the Web Design Project after Client
has submitted all necessary materials.
If the Client
does not supply Mackey Web Design
with complete text and graphics content
for this Web Design Project within
45 days of the effective date of this
agreement, the entire deposit amount
of the agreement shall be retained
by Mackey Web Design as liquidated
damages and the contract shall become
null and void, at Mackey Web Design'
option, unless the Web Design Project
is canceled in writing by the Client
prior to 45 days of the effective date
of the agreement.
Project Delivery.
The final web site design project will
be published to the Client's hosting
service upon receipt of final payment.
Hosting services require a
separate contract with the hosting
service of the Client's choice, wether
us or another provider. The Client
agrees to select a hosting service
which allows Mackey Web Design full
access to the Client's account via
FTP (File Transfer Protocol). The Client
will be solely responsible for any
and all hosting service charges.
Web Design Project Copyright.
Copyright to the finished web design
site produced by Mackey
Web Design
will be owned by client once payment
is made in full. Rights
to photos, graphics, source code, work-up
files, and computer programs specifically
are not transferred to the Client,
and remain the property of their respective
owners. Mackey
Web Design and its
subcontractors retain the right to
display graphics and other Web Design
elements as examples of their work
in their respective portfolios. All
Web Design Projects will contain
a link to Mackey Web Design' Design
Services
Web Site.
Legal Notice.
Notwithstanding anything to the contrary
contained in this contract, neither
Mackey Web Design nor any of its
employees or agents, warrants 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
Mackey Web Design be liable to the
Client or any third party for any damages,
including, but not limited to, service
interruptions caused by Acts of God,
the Hosting Service or any other circumstances
beyond our reasonable control, any
lost profits, lost savings or other
incidental, consequential, punitive,
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, client's visitor's
computer or Internet software, even
if Mackey
Web Design has been advised of the
possibility
of such damages.
The Agreement.
The original agreement constitutes
the sole agreement between Mackey
Web
Design
and the Client regarding their Web
Design Project. Any additional work
not specified
in the contract or any other amendment
or modification to this contract must
be authorized by a written request
signed (or electronically signed) by
both Client and Mackey Web Design.
Other
Any
legal action due to violation of this
contract and or copyright violations
will result in financial cost, fines,
court costs, and miscellaneous expenses,
and will
be the sole responsibility of the client
as set by the laws of the United States.
Client hereby releases Mackey Web Design
from any and all legal actions or monetary
settlements arising from violation
of this contract.
Mackey Web Design will display all work completed on this site for the means
of advertising services and however
similar to promoting its firm, unless
client specifically states in writing
otherwise.
Client's
paid deposit / and signed or electronically
signed signature signifies the agreement
to be binding.