|
Please
note the following terms and conditions when working with 21 Crows on
Website Design, development and/or hosting:
21 Crows
Productions wants to make sure that you, as a client, understand our website
packages as they pertain to you. One way is to make clear our understandings
with each other. These are the terms of our agreement together:
Terms
and Conditions may change at any time.
1.
Authorization.
The above-named client is engaging 21 Crows Productions, a sole proprietor,
located at Creola, Ohio 45622 as an independent contractor for the specific
project of
_______________________
for one
year- a website to be installed on the client's web space on a web hosting
service's computer.:
____developing of _____________________________________
____designing _____________________________________
____consulting _____________________________________
____hosting _____________________________________
____optimizing and submitting to search engines ________________________
The
client hereby authorizes 21 Crows Productions to access this account, and
(if applicable) authorizes the web hosting service to provide 21 Crows
Productions with "write permission" for the client's webpage directory, cgi-bin
directory, and any other directories or programs which need to be accessed
for this project. The client also authorizes 21 Crows Productions to
publicize their completed website to Web search engines, as well as other
Web directories, guidebooks, other agencies and indexes. An initial
consultation meeting, either by phone or in person, was made to receive
customers input. After draft is made, changes to website will be at an
hourly rate of $50.00 per hour.
2.
Standard Website Package Elements.
21 Crows Productions includes the following elements in their Standard
Website Packages:
E-mail/phone consultation
Up to 1 hour total general Internet orientation education, marketing
strategy and web design consultation at 21 Crows site. Off site
consultations begin at $50.00/hour with a minimum of 1 hour. Telephone long
distance charges are in addition to package rates quoted. Additional
education and consultation is at our hourly rate of $50.00 per hour.)
Initial Words of text supplied by the 21 Crows Productions
(200-400 words per page.) After initial text, 21 Crows Productions will
provide website work at $25.00-$50.00 per hour.
Links to external pages, up to an average of
5 per page.
Custom Graphics Package. Masthead graphic on first page (simple
custom graphic incorporating company logo). Top-of-page graphic for all
other pages in your website. Colorful lines and bullets, and colored and
textured background.
Photos and other miscellaneous graphic images
supplied by
client (up to an average of 3 pictures included per page in standard
websites and in addition to masthead and top-of-page graphic. Please ask for
21 Crows’ document: Guidelines for Submitting Images and Pictures for
more information.
Installation of webpages on the client's web hosting
service. Hosting site is/ is not 21 Crows Productions.
Minor updates and changes
to existing webpages subject to the limits outlined below and billed at an
additional changes billed at hourly rate.
1 time free Site publicity (approximately 1-2 months) may
be included in your proposal- please reference proposal for specifics
including -
minimum of 25
major Web search engines, such as Yahoo, AltaVista, InfoSeek, WebCrawler,
Lycos, HotBot, etc. 21 Crows Productions submits to sites but cannot be
responsible if site is not picked up by search engine.
Initial site consists of the following:____________________________
3. Changes to Submitted Text.
Please send us your changes in e-mail text. It will be copied and
pasted "as is". Time required to make changes to client-submitted text after
the web pages have been constructed will be additional, billed at the hourly
rate of $25.00-50.00. All fees (including charges for updating and changing
new text) must be paid in full before the changes are placed live online.
4.
Completion Date.
21 Crows Productions and the client must work together to complete the
website in a timely manner. Upon initial completion of site, client has 5
days to check and make minor additions. Upon completion of site, money is
due. If payment is not received within ten days of completion, site will be
suspended until payment is made. 21 Crows is not responsible for loss of
business at any time before, during or after the hosting or designing of
site, including when client does not pay and account is suspended.
Additions will require additional charges. We agree to work expeditiously to
complete the website no later than______________________.
5.
Payment of Fees.
Fees to 21 Crows Productions are due and payable on the following schedule:
_____________upon initial completion of site and before it is placed on the
web. Advertising the pages to Web search engines and updating occur only
after the final payment is made. ____________
monthly
payments payable on the 3rd of each month. All payments will be
made in US funds.
6.
Assignment of Project.
21 Crows Productions reserves the right to assign subcontractors to this
project to insure the right fit for the job as well as on-time completion.
7. Legal
Responsibility.
21 Crows Productions does not warrant that the functions contained in these
webpages or the Internet website will meet the client's requirements or that
the operation of the webpages will be uninterrupted or error-free. All work
and/or hosting paid is not refundable. The entire risk as to the quality and
performance
of the
webpages and website is with client. In no event will 21 Crows Productions
be liable to the client or any third party for any damages, including any
lost profits, lost savings or other incidental, consequential or special
damages arising out of the operation of or inability to operate these
webpages or website, even if 21 Crows Productions has been advised of the
possibility of such damages. In the event of decease of host, all work is
non-refundable. If any provision of this agreement shall be unlawful, void,
or for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
8.
Photos.
Some
pictures supplied by 21 Crows require licensor and copyright marks and text.
By signing this contract, you are agreeing that all of the photos are
royalty free, not copy-written nor violating any laws. You will be
responsible for any ramifications by law for supplying or allowing
such photos for the site and agree to pay any and all expenses involved
should an occurrence arise. You agree that the use of all photographs do not
violate a person's right to privacy or publicity, infringe upon any
copyright, trade name, trademark, or service mark of any person/entity. You
also agree that all photos taken of people and places have a signed a
release permitting reproduction of the image. 21 Crows makes no
representations or warranties that it owns or licenses any rights nor does
21 Crows grant you any rights including copyright, trademarks, or rights of
publicity belonging to any person, place, property, or subject matter
depicted in any image or graphic. 21 Crows makes no representation or
warranty as to the accuracy of any information provided with the photos. You
are solely responsible for determining whether your use of any image
requires the consent of any third
party or
the license of any additional rights, and you should not rely solely on the
information provided by 21 Crows. If you are unsure whether additional
rights are needed for your use, you are responsible for obtaining competent
legal counsel.
9.
Copyrights and Trademarks.
The client represents to 21 Crows Productions and unconditionally guarantees
that any elements of text, graphics, photos, designs, trademarks, or other
artwork furnished to 21 Crows Productions for inclusion in webpages 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 21 Crows Productions and its subcontractors from any claim or suit
arising from the use of such elements furnished by the client. It is
client’s responsibility to check the site for changes in inclusion.
10. Laws
Affecting Electronic Commerce.
From time to time governments enact laws and levy taxes and tariffs
affecting Internet electronic commerce. The client agrees that the client is
solely responsible for complying with such laws, taxes, and tariffs, and
will hold harmless, protect, and defend 21 Crows Productions and its
subcontractors from any claim, suit, penalty, tax, or tariff arising
from the
client's exercise of Internet electronic commerce.
11.
Copyright to Webpages.
Copyright to the finished assembled work of a single website produced by 21
Crows Productions is owned by client and/or 21 Crows. Information cannot be
pulled from the website to be used on another site or for any use without
written permission from 21 Crows. However, the site shall continue at all
times to have a declaration on each page stating: Photo Copyright 21 Crows
and its licensors. Site design by 21 Crows Productions (www.heartofhocking
or www.21crows.com)
and a
link to the site. Rights to photos, graphics, source code, work-up files,
and computer programs are specifically not transferred to the client, and
remain the property of their respective owners. Photos owned by 21 Crows and
used in the site may only be used in the site. 21 Crows Productions and its
subcontractors retain the right to display graphics and other Web design
elements as examples of their work in their respective portfolios and on
additional sites. Failure to comply with copyrights may affect other
services provided by 21 Crows and 21 Crows reserves the right to limit all
services when copyrights are violated and/or customers do not comply with
Terms and Conditions. This may include listing services.
12.
Payment of fees.
In order for 21 Crows Productions to remain in business, payments must be
made promptly. All payments due on a monthly basis are payable on the 3rd
day of each month. All other payments are due upon the next day after
completion of site and five day checking period. Delinquent bills will be
assessed a $20 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 5% penalty will be added for each month of delinquency. Site
development is based on a 30 day period. If discounts are specified on a
quote, the discount will only be extended during the 30 day period from date
of price quote. Payment must be made during the 30 day period to receive
special discounts. 21 Crows Productions reserves the right to remove webpages 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.
13.
Optimization Changes.
Client
understands that graphics, text placement, text phrasing, pictures and
position of features on the website can be substantially changed by the
client reducing the benefits of the optimization. Although site may have a
1-time no charge optimization as part of a package, it may not be at peak
efficiency due to changes or other events out of 21 Crows hands. The way
Search Engines rank sites changes at irregular intervals. In any event, 21
Crows is not responsible if site is not picked up by major search engines
nor if it does not rank over competitors.
14.
Ownership of Property and Website.
You
agree that the property you are providing information for is owned only
by yourself and/or stockholders. Managed property must have a separate
agreement/contract for each property listed on website.
15. Sole
Agreement.
The agreement contained in this "Website Design Contract" constitutes
the sole
agreement between 21 Crows Productions and the client regarding this
website. Any
additional work not specified in this contract must be authorized by a
written change order. All
prices
specified in this contract will be honored for 1 year after both parties
sign this contract.
Continued services after that time will require a new agreement. Should
either party wish to
terminate this agreement, it may be terminated after 60 days of written
notice and without penalty.
16.
Charges that may apply. If an account has been disabled due to nonpayment,
client will be charged for reinstatement costs at $25.00 per hour and
the following:
To
reinstate listings on heartofhocking.com or heartofhocking.com subsites:
$25.00 per individual listing.
To
reinstate websites: $50.00 per website
To
reinstate search engine submittal: $25.00-$50.00 depending on amount of
search engines submitted.
To
reinstate index page advertisements/listings: $50.00 per website.
17.
Alterations from initial cost because customer cannot pay. There will be no
alterations of cost because customer cannot pay. A payment plan can be
offered to help with financial needs. This does not imply payment does not
need to be made in full. All payments are due and payable ten days after
completion of site. 21 Crows offers website hosting only as a package with a
website. It cannot be purchased separately.
18.
Listings on Travel Guides -
If you
wish to reserve a listing for the Heart of Hocking and Heart of Ohio travel
guides, you must return all forms with the correct box checked along with a
check or money order for your listing by April 15th of each year
at 5:00 pm. Even if you are not charged for the listing or there is no
fee involved, you must still return this form to reserve your position in
the guidebooks! If you do not receive an e-mail stating the form was
received by April 15th, your listing will not be added. If you do
not want a listing, simply do not return the form.
After April 15, $300.00 discount price will not be extended. The
price for listing is: $400.00. Because of the vast number of travel guides
we offer and the amount of time it takes to make changes for each listing,
changes to listings after April 15, 2008 will be charged at $25.00/hour. If
you have difficulty understanding your price, please send an e-mail to
jan@heartofhocking.com with your listing preferences and number of
cabins you offer and we’ll send you the pricing.
Listings are first-come, first served and listed based on the
services provided by 21 Crows. We have the right to refuse any listings. Business owners are solely responsible for
the accuracy of any information on their listing and must check them
accordingly. 21 Crows bears no legal responsibility for inaccuracies or lack
of listings. 21 Crows reserves the right to limit or edit submissions and
some guidebooks listed may change or be removed. Numbers of listings are
limited. There are no refunds and if changes are made, there may be a
$25.00/hour fee. All listings added after May 1 of each year are prorated on
a quarterly scale and may only be listed on heartofhocking.com. I understand
the above.
Listings are contingent upon 21 Crows/Heart of Hocking hosting
and designing said site in listing. If site owners discontinues hosting
and/or changes web designer from 21 Crows at any time, site listing will
be removed from guides. If said website contains information discriminatory
to 21 Crows or any of its subsidiaries or contains agents in contradiction
to 21 Crows, listing will be omitted. Listing is considered an additional
benefit and not a “paid” item as part of a site design or hosting service.
Any and all listings can be removed at any time and for any reason by 21
Crows.
21 Crows’ pricing is based on one business entity or cabin
rental. For management property owners, each cabin rental property is
considered a separate entity and is charged according to each year’s fees –
2008 pricing is $25.00 extra for each cabin rental property represented.
Cabin owners who manage any property other than their own property or
private owners with more than 3 cabin rentals are also considered management
property owners. There will be a charge
of $25.00 per cabin extra.
Terms and Conditions may change.
Responsibility of ______________________________:
1)
____________________________ is responsible for giving all changes to the
site to
Jannette
Quackenbush with 21 Crows Productions. This can be done by e-mail:
jan@heartofhocking.com.
Changes
to be made must be a legible copy of the web site page to be changed with
all corrections
printed
clearly and in ink on the page.
2)
___________________________ is responsible for checking the site and getting
all corrections
to the
site to 21 Crows Productions in a timely manner.
3)
______________________________ must assign one project worker
____________________________ to relay all changes, corrections and site
design suggestions to 21 Crows Productions. All questions/comments from
members pertaining to the site must be relayed through one person-the
project worker.
Responsibility of 21 Crows Productions:
1)
21 Crows Productions is responsible for designing and maintaining a quality
website.
2)
21 Crows Productions is responsible for updating site and making corrections
in a timely manner.
3)
21 Crows Productions is responsible for initial design, hosting optimization
and submission of
website
to search engines for said period.
It is
also understood that with a member-based agency, it may take time to get all
information
completed and to 21 Crows Productions. However, there may be times when
cut-off dates may be needed so information can be placed on the site in a
timely manner.
The
total amount of this contract is __________ for initial site design
and_______________ per month for one year beginning __________and ending
_________________ for upkeep regardless This agreement begins with an
initial payment of $______. The undersigned agrees to the terms of this
agreement on behalf of his or her organization or business.
I
understand the information above-On behalf of the client (authorized
signature):
_______________________________________ Date ________________
It is
important that you understand two of the main influences in rating
prominently in the
search
engines is the length of time the site has been on the internet and the
number of
incoming
links the site maintains. Both are factors that you have control over. With
many
of the
sites it designs, 21 Crows Productions has given the client the added
benefit of
search
engine optimization and submittal which greatly enhances the ability of a
site to be
found by
customers. You can also be a great force in marketing your site by
contacting other
businesses and exchanging links. (You add their link to your site and they
add your link to their
own
site) There are many free legitimate link exchange programs in the
surrounding region
including one based at 21 Crows Productions that can be contacted.
|
