1. WgraFix, requires 50% in advance to start
work, 25% on client approval of the comp pages, and the final
25% on website launch and/or delivery of source code.
2. All content for the web site is to be provided
by the Client, unless other arrangements have been made and charged
to invoice.
3. WgraFix, will only use materials that are
in accordance with copyright laws.
4. WgraFix, shall not be held liable for the
accuracy of any information supplied by the Client and contained
in Client's website.
5. WgraFix, will be given final approval of comp
design by the Client before developing the remaining html pages
of the site. Changes to the design after approval has been given
and development has begun are not included in the initial agreement
and are therefore billed at an hourly rate.
6. WgraFix, and Client shall agree to a schedule
of deadlines before commencing work on a project. Meeting project
deadlines will be dependent on the provision of content/information
for the project by the Client. Failure by Client to provide content/information
promptly will result in the project deadline being re-scheduled.
7. The cost estimates agreed upon by WgraFix,
and Client are based on the requirements specified in the accepted
proposal. Any change in the requirements or delays in communication
will have a direct impact on the cost of the project.
8. All payments to WgraFix, are non-refundable.
9. On the agreed completion date the Client will
be iexpected to pay the remaining invoice including any agreed
upon fees for any extras added to the project.
10. In case any invoice is overdue for more than
30 days, WgraFix reserves the right to stop all WgraFix, client
services including but not limited to: website hosting, web design
development, graphic design, SEO, PPC advertising, copywriting,
printing and Marketing related services without any further communication.
11. WgraFix, sends all invoices on email only
and all invoices are due on presentation.
12.WgraFix, will not give out Client’s confidential
information, including but not limited to names, addresses and
trade secrets. WgraFix, agrees to take reasonable precautions
to prevent unauthorized disclosure of confidential information.
13. A valid cancellation will take place if the
same is communicated in writing (with authorized signature of
Client) and is mutually agreed upon or full and final payment
having been received by WgraFix, Inc. with respect to project.
14. This Agreement is effective as of the Effective
Date and shall continue unless terminated; WgraFix, may terminate
this Agreement after five (5) days' written notice to Customer
if Customer materially breaches this Agreement, including, without
limitation, failure to pay, and fails to cure such breach during
such five (5) day period; and (c) upon the termination of this
Agreement, Customer will pay WgraFix, for all Services provided
to Customer by WgraFix, prior to termination.
15. WgraFix, warrants that the Web site will
conform to specifications or acceptance criteria agreed to by
the parties when delivered to Customer and for a period of one
(1) year thereafter (the "Warranty Period") and that
WgraFix, will perform the services in material conformity to the
specifications contemplated hereunder in a professional and workmanlike
manner. WgraFix, warranties and representations hereunder will
not extend or apply to any Web site modified by any party other
than WgraFix. In the event that Customer discovers an Error in
the Web site during the Warranty Period, WgraFix's sole responsibility
will be to use reasonably commercial efforts to correct such Errors.
"Error" means any reproducible error, problem, or defect
resulting from (i) an incorrect functioning of the Background
Technology that materially affects the functionality of the Web
site or (ii) any failure of the Web site delivered to Customer
to materially meet the specifications or acceptance criteria.
All warranty claims not made in writing within the Warranty Period
shall be deemed waived. WgraFix, warranty obligations are personal
to Customer and may not be extended to any third party.
16. Except as expressly provided in this Agreement,
the Services and Customer Web sites are provided "as is,"
and WgraFix, expressly disclaims all warranties and conditions
of any kind, express, implied, or statutory, including, without
limitation, the implied warranties of title, noninfringement,
merchantability, and fitness for a particular purpose. Each party
acknowledges that it has not entered into this Agreement in reliance
upon any warranty or representation except those specifically
set forth herein. Unless an approval process is specified herein
or in a Statement, all Web sites provided by WgraFix, to a Customer
will be deemed accepted when delivered.
17. WgraFix, reserves the right to change or
modify any of the terms and conditions contained in this Agreement
at any time and from time to time in its sole discretion, and
to determine whether and when any such changes apply to both existing
or future customers. WgraFix, may make changes or modifications
to referenced policies and guidelines without notice to you. Your
continued use of the Services following WgraFix's, posting of
any changes or modifications will constitute your acceptance of
such changes or modifications.
18. These terms and conditions apply to web site
development. Other projects or services may be bound by separate
terms and conditions. Please read our web
hosting terms and conditions.
