Puamana Enterprises dba: Puamana Web Design

TERMS:
Payment and Billing:
A minimum deposit of one half (or 50%) of the total proposed web design and development costs are due with proposal acceptance. The balance will be billed to customer and payment will be due immediately upon project completion. If Puamana Web Design cannot complete the contracted project as outlined by the scheduled completion date set forth in the agreement due to insufficient or untimely receipt of information needed from the Client, Puamana Web Design will bill the customer for the balance due on the proposed completion date. That payment will be due and payable by customer to Puamana Enterprises upon receipt of said billing. Additional work after completion date billing will be charged on a “per hour” or “per item” basis, whichever is less.

If there are changes in the requirements or scope of this project, or changes or additions made by the Client during the project term, Puamana Web Design reserves the right to create an additional proposal based on Client’s additions, and/or to bill for the requested additional services. Services that are requested, contracted for, and completed but not included in the final design project, are billable on a “per hour” or per “item basis”, whichever is less.

If the project is cancelled or postponed prior to completion, the package pricing in the proposal will be null and void and the customer will be obligated to Puamana Web Design for all work completed up through the cancellation date, and will be billed for this work on a “per hour” or “per item” basis, whichever is less.

Client is responsible for all additional Internet or web site costs or services not indicated or included in their proposal (such as, but not limited to, domain name registration costs associated with domain registrars and all setup and monthly fees with selected ISP/Hosts or third party credit card processors).

Puamana Enterprises strives to satisfy all of our Clients' needs and requirements to the best of our abilities.  Should fulfillment of Clients' requests require sub-contracting of third parties with additional and necessary expertise, the Client will be responsible for additional fees and charges incurred in hiring of such outside contractors. Puamana Web Design will submit an addendum to the original proposal for Client approval, before any outside contractor is retained.

Client agrees to pay reasonable attorney fees and any other reasonable fees required to enforce all terms and conditions of this contract. In addition, Customer agrees to reimburse Puamana Web Design for any additional expenses incurred as a result of collecting on delinquent payments or enforcing the payment terms of this contract. Client acknowledges and agrees that Puamana Web Design can suspend, hold up publication or remove published web pages if Puamana Enterprises has not received payment of all charges and fees for services rendered within 30 days of completion of the Client’s project. This may be waived if equitable payment arrangements have been made and adhered to.

Any proposal submitted by Puamana Enterprises shall expire 30 days from the date of submission, unless approved and accepted by the Client.  Re-activation of expired proposals will occur at the sole discretion of Puamana Web Design.

Copyright and Privacy:
Copyright for the design layout, as well as all images and code created by Puamana Web Design for the website(s) shall become the sole property of the client once the total balance of all design services charges are paid to Puamana Web Design.

Client grants Puamana Web Design the right to reference their company and web site as a client with a reciprocal links between Client website(s) and Puamana Web Design’s website. Client also guarantees Puamana Web Design limited rights of copyright necessary to reproduce and display Client’s completed web pages electronically via the World Wide Web or as demonstrations and examples of our design and programming portfolio.

All content provided by Client to Puamana Web Design for placement on Client’s website, (including icons, logos, copy, programs or code) remains the sole property of the Client. Client hereby agrees to grant Puamana Web Design limited rights of copyright for the sole purpose of its use in the design and development process, and the right to transmit any necessary content to its development partners, offsite, who shall also be bound by these stipulations.

Puamana Web Design complies with and practices good Internet etiquette (Netiquette). Puamana Web Design will not transfer, share, divulge, post, transmit, print or relay any information provided by the Client, which is of a proprietary, personal and/or confidential nature, unless the Client communicates a request for such action, in writing. (For the purposes of this contract, Electronic Mail constitutes written communication.)

Client Responsibilities:
Client is responsible for protecting Client’s password(s) and for any authorized or unauthorized use made of Client’s password. Client will not use or permit anyone to use Puamana Web Design's service to guess passwords or to access other systems or networks without authorization. Puamana Web Design will fully cooperate with law enforcement authorities in the detection and prosecution of any illegal activity.

Client also warrants and represents that icons, company names, and other information which you prescribe to be placed on your web site will not (i) violate any international, federal, state or local law or regulations; (ii) in any way violate or infringe upon any party’s privacy right, right of publicity, or any other right of any person or entity; (iii) contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory.

Puamana Web Design will not post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Puamana Web Design by offended users. Client hereby indemnifies Puamana Web Design, holding Puamana Web Design harmless from any damage to Puamana Web Design's business, service, equipment, network, operations, servers, or reputation resulting from Client’s actions, (including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort).

Legal Use and Liability Statement:
Puamana Web Design is not liable for any errors or interruption in service, whether within or outside of Puamana Web Design's reasonable control. ISP Service provided may be temporarily unavailable for scheduled maintenance, or because of various other causes (including acts of God)..

Client will agree to all terms and conditions of design and development work as outlined above and Puamana Web Design will have access to all necessary login and password information relating to Client's project in order to fulfill the obligations for the contracted design and development work.

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