Pearse Street Consulting
Web Design TERMS & CONDITIONS
By utilizing the Pearse Street Consulting web site (www.pearsestreet.com), design services and/or submitting a project via e-mail, quote request form, phone, fax or in person, to Pearse Street Consulting you (“THE CLIENT”) agree to the Terms and Conditions of Use (“TERMS AND CONDITIONS”) as outlined below. Please acquaint yourself with our TERMS AND CONDITIONS before submitting any order for web site, flash animation or multi-media design (“THE PROJECT”). If you do not accept these Terms and Conditions, you may not use Pearse Street Consulting design services, studio or web site(s).
Authorization. The client is engaging Pearse Street, a sole proprietor, located at 293 Lynnfield Street, Lynn, MA, as an independent contractor for the specific project of developing and/or improving a website or MySpace to be installed on the client's web space on a web hosting service's computer or on client's MySpace profile account. The client hereby authorizes Pearse Street to access this account, and authorizes the web hosting service to provide Pearse Street 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 Pearse Street to publicize their completed website to Web search engines, as well as other Web directories and indexes.
Maintenance and Hourly Rate. Changes requested by the client after the design complete per original specifications will be billed at an hourly rate. This rate shall also govern additional work for such services as general Internet orientation education, hosting setup and coordination, webpage design, content editing, and art, photo, graphics services. If the client or an agent other than Pearse Street attempts to update the client's webpages, time to repair webpages will be assessed at the hourly rate. Pearse Street is not obligated to provide ongoing to maintenance or services to client following the completion of agreed projects.
Payment of Fees. Fees to Pearse Street are due and payable on the following schedule: full balance upon project commencement. Once the design is completed per the original specifications, Pearse Street will provide up to three (3) hours of complementary revision work. Additional changes exceeding three (3) total hours
of service per project will be billed at an hourly rate. With project completion and receipt of final payment, content will be uploaded onto the client’s host server. All payments will be made in US funds. Delinquent bills will be assessed a late charge. Pearse Street 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.
Assignment of Project. Pearse Street reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. Pearse Street will not be held responsible for the interruption, expiration or deletion of third-party domain and hosting services, including MySpace pages.
Unprofessional Conduct. Pearse Street reserves the right to refuse service to the client should the client engage in unprofessional conduct with Pearse Street or its subcontractors. Unprofessional behaviors may include but are not limited to profanity, discrimination, harrassment, threats of slander, libel or blackmail, or unethical practice. If a client engages in any of these or other unprofessional practices, Pearse Street will halt work immediately and resolve unfinished work per the Refund Policy.
Legalities. Pearse Street does not warrant that the functions contained in the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will Pearse Street 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 the website, even if Pearse Street has been advised of the possibility of such damages. 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. That said, Pearse Street will take all reasonable action to ensure that the client’s web service needs are fairly met. Any dispute will be litigated or arbitrated in Essex County, Massachusetts.
Browser Compatability. Pearse Street tests web design functionality on Internet Explorer, Mozilla/FireFox, and Netscape via PC. Pearse Street cannot accept responsibility for incompatibility on dated browsers or lack of plug-ins/helper programs if more advanced (non standards-compliant) technology is used.
Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Pearse Street 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 Pearse Street and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyright to Webpages. Copyright to the finished assembled work of webpages produced by Pearse Street is owned by the client. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. 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. Pearse Street and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Sole Agreement. This agreement constitutes the sole agreement between Pearse Street and the client regarding this website and design work.
INITIAL PAYMENT & REFUND POLICY. If the client halts work and requests a refund within 30 days to Pearse Street, 293 Lynnfield Street, Lynn, Massachusetts, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the designer's current hourly rate. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.