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Following is a combination "Terms of
Service" / Client Information / Agreement and Payment
Information form. Please print, initial all pages and fax
to 602-467-3275. No cover page needed. Thanks!
Client Contact Information:
Name: _________________________ Title: ______________________
Organization: _________________________ Email: ___________________________________
Address: ___________________________________
City: _____________ State: ___ Zip: _____________
Phone: _________________ Phone 2: _________________ Fax:
_________________
Domain Name Information:
Your Domain Name (If you have one): ____________________________
Your Domain Name Preferences (If you don't yet)
1. ____________________________________________
2. ____________________________________________
3. ____________________________________________
Web Hosting Options (please select one):
_____ Starter: 45mb space, 10 Emails, 1 domain & registration
$15/month
_____ Basic: 100mb space, 20 Emails, 2 domains & registration
$22/month
_____ Advanced: 325mb space, 40 emails, 1 mailing list,
3 domains & registration $30/month
_____ Other (as negotiated per phone / email) ___ /month
____________________________________________________________
Terms of Service:
1. Authorization. The client certifies that she/he is authorized
to represent the organization (if there is an organization).
2. Client Rights. Client has the right to be completely
satisfied with work completed by Brighter Earth, Inc. (Brighter
Earth). Client has the right to review all work and invoices
and to inform Brighter Earth if client is not completely
satisfied.
3. Communication: Client will submit requests for changes
in writing via email and will check email in a timely manner
to review Brighter Earth questions and invoices.
4. Completion Times. Minor updates will generally be completed
within 3 days upon receipt. Brighter Earth will expedite
requests per client’s requests for free if requested
and possible, or will request approval for additional charges
from client for expediting. Client can inform Brighter Earth
of any specific times by which they would like for work
to be completed and we will do our very best to meet your
preferred time-frame.
5. Assignment of Project. Brighter Earth reserves the right
to assign subcontractors to this project to insure the right
fit for the job as well as ontime completion.
6. Limit of Liability. Client has final responsibility
for all web site content, for reviewing content in a timely
manner in order to ensure accuracy and accordance with client’s
needs. Brighter Earth does not warrant that the functions
contained in these web pages or the Internet website will
meet the client's requirements or that the operation of
the web pages will be uninterrupted or errorfree. The entire
risk as to the quality and performance of the web pages
and website is with client. In no event will Brighter Earth
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 web pages or web site,
even if Brighter Earth has been advised of the possibility
of such damages.
7. Copyrights and Trademarks. The client represents to
Brighter Earth and unconditionally guarantees that any elements
of text, graphics, photos, designs, trademarks, or other
artwork furnished to Brighter Earth for inclusion in web
pages 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 Brighter Earth and
its subcontractors, employees and board members from any
claim or suit arising from the use of such elements furnished
by the client.
8. Domain Name Ownership. Client retains ownership of any
domain names registered by Brighter Earth on behalf of client
provided all invoices and web hosting has been paid in full.
9. 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 Brighter Earth and its subcontractors from any claim,
suit, penalty, tax, or tariff arising from the client's
exercise of Internet electronic commerce.
10. Copyright to Web Site. Copyright to the finished assembled
work of web pages produced by Brighter Earth is owned by
the client upon payment for the work (except where client
has purchased shared designs). Rights to photos, graphics,
source code, workup files, and computer programs remain
the property of their respective owners but client retains
the right to continue to use such items on the client’s
web site for which they were designed. Brighter Earth and
its subcontractors retain the right to display graphics
and other Web design elements as examples of their work
in their respective portfolios and to use code written for
clients on other clients web sites.
11. Sole Agreement. The agreement contained in this "Terms
of Service" constitutes the sole and entire agreement
between Brighter Earth and the client regarding the client’s
web site(s) and supersedes any and all prior oral or written
representations, communications, understandings and agreements;
with the exception of Brighter Earth's Acceptable
Use Policy, Privacy Policy
and Refund Policy as posted
on this web site.
12. Process. Brighter Earth will submit specifications
and receive verification prior to programming and design.
For example, graphics to be used, fields for database and
forms, and validation specifications (which fields are required,
length of field, relationships between fields). Client will
review specifications and confirm. Upon confirmation or
changes submitted per client, programming will begin. All
pages will be reviewed by the client after they are initially
put on the web. Changes will be made as specified. Client
will not be charged for changes needed due to Brighter Earth
errors, such as typos and misspellings.
Fees and Charges:
Client may request items in addition to any items set at
fixed costs, and will be billed at an hourly rate as described
below:
1. Standard Web Site Maintenance $35/hour (unless otherwise
negotiated or quoted).
a. Add/Modify/Delete text, links, graphics in HTML format
or CSS Styles, Optimize/Crop/Size graphics
b. Email forms
2. ModerateSkilled Tasks $50/hour (unless otherwise negotiated
or quoted).
a. Web Site Design
b. Template setup
c. Javascript
d. Custom graphic design
e. Logo design
f. Rollover effects
g. Marketing and Search Engine Optimization
3. MoreSkilled Web Site Elements $65/hour (unless otherwise
negotiated or quoted).
a. Add/Modify Flash, Perl, PHP, More complex Javascript,
ASP or any other programming languages
b. Setup/Modify databases such as MySQL, MS SQL Server,
MS Access
c. Create custom graphics or logos
d. Database driven forms or pages
e. Flash or other animated Design
4. Web Hosting. Any web hosting requested by client will
be billed on automatic recurring monthly payments.
5. Payment Terms. Brighter Earth will send invoices weekly
or monthly depending on amount of accumulated charges. If
client has requested work and the time for the month is
less than one hours' worth, the client will be billed for
a full hour. Invoices are payable upon receipt. Brighter
Earth will not perform work unapproved beyond $ _______
per month without email approval from client. (Please fill
in the amount you are comfortable with).
6. Initial Payment and Refund Policy. This agreement begins
with a downpayment of $ __________ which constitutes acceptance
of this agreement. (Please fill in the amount you are comfortable
with or as discussed, $100 minimum for any service other
than web hosting and domains.)
Payments: Invoices will be sent via email to the email address
at the top of this agreement. Clients will be automatically
billed electronically no sooner than one week after sending
an invoice. If client disagrees
with anything on the invoice, they will contact Brighter
Earth via email and/or phone.
Electronic Billing Address (if different than at top of):
Address: ___________________________________
City: _____________ State: ___ Zip: _____________
Electronic Billing Information:
Credit Card Number: _____________________________ CVV2:
______ Expires: ________
Name on Card: _________________________________________________________________
Authorized Signature: _______________________________________
Date ________________
or
Bank Name: _____________________ Bank Phone: ________________
Routing Number: ______________________ DDA #: ________________________
Authorized Signature: _______________________________________
Date ________________
* * * * * * * *
Please print, initial all pages and fax
to 602-467-3275.
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