Scope: This agreement shall apply to any or all goods and services ordered by the client from Apothegm Designs. Orders are accepted on condition that the wording complies with current legislation and confirms to the provisions of the United States Code. These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of the United States.
Payment & Delivery: All payments will be made in US dollars. An upfront deposit of $100 of the total fee is due with order, unless otherwise agreed, and the remaining balance, if any, is due upon completion of site. All deposits are non-refundable. Delivery of the finished product will be made by publication to the client’s server. Apothegm Designs will make delivery on the condition of and upon receipt of full payment under this Agreement and/or Order Form. The client understands that Apothegm Designs does not provide any Internet hosting services, and the client will be solely responsible for all hosting service charges.. Hosting services require a separate contract with between the client and a third-party provider of the client’s choosing. Apothegm Designs reserves the right to assign subcontractors to its projects to insure that the terms of this agreement are met.
Liability: Apothegm Designs hereby excludes itself and its designers from any and all and liability for loss or damage caused by any inaccuracy, omission, delay or error, whether the result of negligence or other cause in the coding or design of the website. This exclusion protects Apothegm Designs from any and all liability for loss or damage to clients artwork or photos supplied for the website. In respect to the client’s exercise of 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 Apothegm Designs from any such claim, lawsuit, penalty, tax or tariff.
Copyright: Any web page, design, or entire website produced by Apothegm Designs carries a copyright, and cannot be reproduced without written consent. Rights to photos, graphics, files, source code, and computer programs are specifically not transferred to the client, and these remain the property of their respective owners. Apothegm Designs retains the right to use graphics and other web design elements as examples within our portfolio. In respect to artwork, graphics, and photos supplied by the client for use within the website, the client guarantees that all necessary authority and permissions have been obtained from the respective owners. The client will indemnify Apothegm Designs in respect to any legal actions, proceedings, and associated costs or demands arising from any such breach.
Guarantee: In the event that the client is not satisfied with the design of their website, they are entitled to a full refund of the design fees only. Any incidental damages additional charges, including but not limited to stock photography, software, domain name registration, web space, and Internet hosting or connection provided by third parties are non refundable.
Browser Compatibility: Coding and designing a website to work within multiple browsers can require considerable added labour and, in some cases, the production of separate template files. Apothegm Designs will make every reasonable effort that our designs will be compatible within the latest browser versions of Mozilla Firefox, Internet Explorer, and Safari. This guarantee does not cover outdated browser versions, text-based browsers, America Online, or browser-specific special effects.
Acceptance of Conditions: The placing of an order will confirm acceptance of the aforementioned conditions. Conditions stipulated on our Order Form shall be regarded as void, if they are in conflict with our conditions.
Severability: In the event any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and this Agreement and / or Order Form shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision.