*Web Designer – Claire Walters / eMC Web Design

1. Estimate. Claire Walters / eMC Web Design will make every fair attempt to estimate the amount of hours the project may take. The estimate is based upon the clients description of tasks wanted – supplied by client via email.

If the client requests more work to be done than what was initially agreed upon, extra time required to make changes to the web site will be added to the invoice.

2. Completion Date. The Web Designer will provide the client with an expected project completion date (live on the internet) if requested. We will endeavor to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date.

Web designer shall not be held responsible for delays to site development arising out of client’s delays in providing graphics, text and all content to web designer. If web site is not completed or work is halted by clients request, refunds for work completed will be not be given.

3. Fees. Invoices are sent via email on a weekly basis for hourly worked done by Claire Walters / eMC web Design. . The Client is expected to make payment within 7 (seven) business days. A $25 late fee will be invoiced if payment is not received.

Claire Walters / eMC Web design owns all of their own original design design and code of the web site until final payment has been received in full. Once final payment is received, the client will then own the design and code of the web site unless open source software is used. Images supplied by client are the responsibility of the client (please see #4)

3a. Third Party Software. Occasionally third party software is needed to meet the clients needs. This will be discussed between the Web Designer and Client. Once approved by the Client, if software purchased by Web Designer – the client will be billed separately for the cost of the software. We are not responsible for loss, damages caused by third party software. Please make sure you agree with the policies and/or terms of any third party software.

4. Copyright. The client represents that all graphics and text including logos, trademarks and photos provided to web designer do not violate United States copyright law.

All images displayed on the client’s web site will only be used after authorization by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client, they will be the sole responsibility of the client.

Client agrees to hold Claire Walters/ eMC Web Design harmless from any and all liability, claims or causes of action arising out of use of the content provided to her by client.

All content created by web designer and/or her subcontractors for client are the property of client. Client hereby grants to the web designer the right to use the work for demonstration of past work performed and/or advertising purposes only.

The web designer represents that any graphics originally created by Claire Walters and added to the website that were not supplied by the client are owned by Claire Walters/ eMC Web Design and do not violate United States copyright law.

5. Sole Agreement and Amendment. This contract constitutes sole agreement between the web designer and the client and hereby voids any prior verbal contracts. This agreement may be amended, in writing, by the parties at any time.

6. Guarantee. Web designer makes no representations or guarantee as to the amount of traffic to the client’s site or interest generated in the client’s site. Web designer makes no representations and does not guarantee an increase in client sales nor promise top listing in any search engine or directory. Web designer will use her best efforts to perform under the contract.

7. Electronic Commerce Law. The client agrees that the client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their web site and will hold harmless the web designer and her subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from the client’s use of electronic commerce.

8. Confidentiality. Web Designer understands that she will be working with confidential client information and will only release this information to parties directly involved in web site creation. Client authorizes designer to release information to third parties requiring access for site creation. This includes, but is not limited to, web site and email address user ids and passwords, trade information, and banking information should the client request online shopping. Upon web site completion, client will change any banking passwords web designer has had access to. If client chooses not to retain web designer for web site maintenance, client will change ftp, email, and any other passwords web designer has had access to. Client will hold web designer harmless should breach of security occur if client has not changed business passwords.

9. Continuing Web Site Maintenance. Once the site is complete, if the client needs continuing web site maintenance, (edits, changes, additions, removal or changes of products or graphics) this will all be done on an hourly basis.

9a. Claire Walters / eMC Web Design is not responsible for other contractors, developers or designers who may edit the Clients web site or change code that is authorized by the client.

10. Domain name It is the responsibility of the client to renew their domain names when due. If a domain name expires, Claire Walters can not be held liable for this. However, Claire Walters/ eMC Web Design will make reasonable effort to contact the client regarding domain renewal.

11. Web Hosting Services  We supply web hosting services for your site for a quarterly fee. If the client already has a hosting account it must be adequate enough to build the proposed site.

12. Loss or Damage Claire Walters is not liable for loss, damage or corruption to files or information stored on our servers or individual PC’s relating to a client’s web site. The client is solely responsible for any information or files relating to their web site.

In Conclusion…
Claire Walters has no control of, or responsibility for, the content of our client’s web sites. In no way does the textual or image based content of our client’s web sites constitute Claire Walters’s endorsement, or approval of the web site or the material contained within the web site. Claire Walters has not verified any of the materials, products, images or information contained within our client’s web sites and is not responsible for the content or performance of these sites or for the client’s transactions with them. Claire Walters / eMC Web Design provides links or references to our client’s web sites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.

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