Service Terms and Conditions
1. AUTHORIZATION.
The Client, hereinafter referred to as “THE CLIENT”, is engaging S4 Media Limited, as an independent contractor for the specific project of brand development, developing and/or improving a web site and designing promotional material, hereinafter referred to as the “PROJECT". The web site is to be installed on THE Client’s account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service”. THE CLIENT hereby authorizes S4 Media Limited access to this account, and authorizes the Hosting Service to provide S4 Media Limited with "full access" to THE Client’s account, and any other programs needed for this PROJECT that are included as part of THE Client’s service agreement/level. THE CLIENT also authorizes S4 Media Limited to submit the completed PROJECT to major Web Search Engines.
2. DEVELOPMENT.
The following is included in the quoted PROJECT rate:
• Client project Detail
• Web Design Features
• Web Design Additions or Options
• Browser Compatibility
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. S4 Media Limited guarantees that the web site we design for you will work in:
• Microsoft Internet Explorer versions 5 and up
• Mozilla version 4 and up
While S4 Media Limited will make every effort, always, to design a fully functional web site, our guarantee does not cover AOL, text-based browsers, or any requested special effect that we have advised you against.
3. ASSIGNMENT OF PROJECT.
S4 Media Limited reserves the right to assign subcontractors to this PROJECT to insure that the terms of this agreement are met as well as on-time completion.
4. COPYRIGHT AND TRADEMARKS.
THE CLIENT unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to S4 Media Limited for inclusion in THE PROJECT 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 S4 Media Limited and its subcontractors from any claim or suit arising from the use of such elements furnished by THE CLIENT.
5. WEB SITE MAINTENANCE.
This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs. The period of 1 months begins on the date THE Client’s web design site has been published to Client’s hosting service or 30 days from the date this agreement was signed, whichever comes first. If THE Client’s web design package includes database access, then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates.
6. COMPLETION DATE.
S4 Media Limited and THE CLIENT must work together to complete THE PROJECT in a timely manner. We agree to work expeditiously to complete THE PROJECT no later than 20 days after THE CLIENT has submitted all necessary materials. If THE CLIENT does not supply S4 Media Limited with complete text and graphic content for this PROJECT within 45 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If THE CLIENT still has not submitted all the required contents within 60 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until THE PROJECT is published or THE CLIENT cancels THE PROJECT in writing.
7. WEBSITE PROJECT DELIVERY.
The web site design project will be published to THE Client’s hosting service upon receipt of the second payment or delivered via CD upon receipt of full payment. THE CLIENT understands that S4 Media Limited does not provide any hosting services in connection with this PROJECT. THE CLIENT agrees to select a hosting service which allows S4 Media Limited full access to THE Client’s account via FTP. THE CLIENT will be solely responsible for all hosting service charges.
THE CLIENT assumes all responsibility for the use of THE PROJECT.
8. ELECTRONIC COMMERCE LAWS.
THE CLIENT agrees that THE CLIENT is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend S4 Media Limited and its subcontractors from any claim, suit, penalty, tax or tariff arising from THE Client’s exercise of Internet electronic commerce.
9. PROJECT COPYRIGHT.
9.1 All artwork, designs, edits, revisions and work product created in THE PROJECT (other than the FINAL design accepted by THE CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of S4 Media Limited. Any use of this work project by THE CLIENT and/or their assigns is strictly prohibited without written, prior permission by S4 Media Limited.
9.2 S4 Media Limited retains the right to utilize ANY artwork, designs, edits, revisions and work product from THE PROJECT in advertising, promotion and other marketing materials. S4 Media Limited agrees to add a Trademark, Copyright or other ownership mark as may be requested by THE CLIENT from time to time. Furthermore S4 Media Limited reserves the right to publish any comment/feedback/testimonial that THE CLIENT sent the company on the S4 Media Limited website or any other promotional material and sister websites.
9.3 S4 Media Limited is NOT liable for any damages or expenses incurred by THE CLIENT in the use of artwork created in THE PROJECT by third parties, unless said third party is contracted by S4 Media Limited as a 'work-for-hire' vendor, or in direct professional consultation with S4 Media Limited. Such consultation is subject to fees as agreed to by THE CLIENT and S4 Media Limited By contracting S4 Media Limited to create THE PROJECT as outlined in these terms and conditions THE CLIENT agrees to abide by the terms and conditions contained therein. For further information on any of our terms and conditions, please contact us.
9.4 Due to the complexities of international copyright and trademark law, S4 Media Limited will not be held liable should THE CLIENT be found to be infringing on an already existing copyrights or trademarks or service mark relating to THE PROJECT name, description or service. When a design has been finalised THE CLIENT should conduct a copyright and/or trademark search before closing THE PROJECT. Alternatively THE CLIENT can engage S4 Media Limited to do this search on their behalf.
10. PAYMENTS.
Payments must be made promptly based on the schedule below. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. S4 Media Limited reserves the right to remove any PROJECT from viewing on the Internet until final payment is made. In case collection proves necessary, THE CLIENT agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by S4 Media Limited.
11. LEGAL NOTICE.
Notwithstanding anything to the contrary contained in this contract, neither S4 Media Limited nor any of its employees or agents, warrants that the functions contained in THE PROJECT will be uninterrupted or error-free. The entire risk as to the quality and performance of THE PROJECT is with THE CLIENT. In no event will S4 Media Limited 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 PROJECT, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if S4 Media Limited has been advised of the possibility of such damages.
12. THIS AGREEMENT.
Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and S4 Media Limited. All prices specified in this contract will be honoured for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.