Terms of Service
Agreement and Authorization
By agreeing to these terms and conditions you, the client, are authorizing ExtremeWebGraphix, West Wyoming, PA 18644, for the specific project of graphic design. The client further authorizes that ExtremeWebGraphix may use the finished product as an example or testimonial for future clients. Additionally, the client agrees that ExtremeWebGraphix may place their hyperlink at the bottom of the client's web page. ExtremeWebGraphix alone reserves the right to change the terms of this agreement unless otherwise agreed upon by the parties.
Fees to ExtremeWebGraphix are due prior to any work being done unless otherwise stipulated and agreed upon by the parties. All payments will be made in US funds. If the client fails to correspond with ExtremeWebGraphix for a period exceeding 30 days of the date this contract was initiated, the entire amount of the contract becomes due and payable.
Payments must be made immediately prior to any work by ExtremeWebGraphix. If parties agree that full payment is not due prior to work, any late payments will be assessed a $50 charge if payment is not received within 7 days of the completion date. If an amount remains delinquent for 14 days after its due date, an additional 10% penalty will be added for each week of delinquency. ExtremeWebGraphix reserves the right to withhold final product until full payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.
No refunds are given to the Client once payments are made, however ExtremeWebGraphix will at their discretion provide future services in the amount of the payment if the Client is not happy with original design project. ExtremeWebGraphix will be the sole authority as to whether the future services will be provided. In addition, no refunds will be issued on payments for future work. A credit will be applied to a customers account in the event the customer cancels a scheduled project.
ExtremeWebGraphix reserves the right to assign other persons, services or subcontractors to insure the timeliness and quality of this design project.
Electronic Commerce Laws and Taxes
Governments enact certain laws affecting electronic commerce. The client agrees that the client is solely responsible for complying with such laws and defend ExtremeWebGraphix from any claim arising from the client's exercise of electronic commerce. Additionally, certain taxes may be levied resulting from electronic commerce. The Client agrees that the client is solely responsible for paying any such taxes and will defend ExtremeWebGraphix from any claim arising as a result of failure to pay said taxes.
Copyright to the finished design work created by ExtremeWebGraphix, is owned by ExtremeWebGraphix. Upon complete and final payment of this contract, the client is then assigned rights to use the design and text contained in the finished product. Rights to all images, videos, graphics, source code and files are not transferred to the client, and remain the property of their respective owners. The Client is solely responsible and liable for any unlawful reproduction to third parties of said protected property by the Client, and ExtremeWebGraphix will not be responsible or liable for any such violation. ExtremeWebGraphix retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
The agreement contained in this "Terms and Agreement" constitutes the sole agreement between ExtremeWebGraphix and the client. Any additional work not specified in this contract must be authorized in writing by both parties. All prices specified in this contract will be honored to the extent of this contract. Continued services after that time will require a new agreement by both parties.
ExtremeWebGraphix and the Client will work together to complete the design project in a timely and efficient manner. If the client does not supply all necessary materials and information within 45 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. One free revision of a project may be done, but anything in addition will be assessed at an hourly rate agreed upon by the parties.
The web design project will be made available to the client for download on the ExtremeWebGraphix server upon receipt of the final payment. The client agrees and understands that ExtremeWebGraphix does not provide any hosting services in connection with this web design project. Additionally, ExtremeWebGraphix will keep design project on server for one year in case the client needs access to the project.
Defend and Indemnify
The client agrees to use all services at their own risk and agree to defend and indemnify ExtremeWebGraphix. Further the client agrees to hold ExtremeWebGraphix harmless from any and all liabilities, losses and claims against ExtremeWebGraphix that may arise from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the web design project. Client also agrees to indemnify and defend ExtremeWebGraphix against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties.
ExtremeWebGraphix and any third party associates agree that, except if instructed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client also agrees that it will not convey any confidential information about ExtremeWebGraphix to another party.
ExtremeWebGraphix reserves the right to terminate a design project with a Client at any time without notification if it finds the Client breached these terms and conditions. ExtremeWebGraphix is the sole authority in deciding what constitutes a breach of this agreement. No refunds are given in a situation where the Client violates the terms and conditions. The Client waives any rights to arbitration and a jury trial and recognizes that ExtremeWebGraphix is the sole authority in interpreting this agreement. This agreement will be governed by the laws of Pennsylvania which shall claim venue and jurisdiction for any claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, all other terms of the contract not so held will remain valid and enforceable at law. Any and all matters pursuant to this agreement are governed by Pennsylvania Law and are under exclusive jurisdiction of the Pennsylvania Courts.