Once the agreement has been signed and the deposit received, the site will then be put online on a directory of the CLIENT's ISP or of TYSSEN DESIGN for the CLIENT's viewing. The annual web hosting timeframe begins when the initial deposit is made and the site is put online. Work on the actual design will then commence. The CLIENT will be presented with an image of the proposed design for approval. The CLIENT will have the chance to make two rounds of changes to the design during this phase.
Web Page Development Stage
When sign-off of the initial design has been received, work will commence on turning the design into an actual page (coding the page template). The CLIENT will then again be able to review the design and make a further two changes to the design before a final sign-off is required.
Site Development Stage
Once the web page template has been approved, it will form the basis for the rest of the site into which the content will then be added. This stage will be the lengthiest stage of the process and will require the most CLIENT contact as content is supplied and incorporated into the design. Once the site content has been finalised, The CLIENT will again have the chance to make a further two rounds of changes to correct any errors or omissions in content. Any changes in design (as opposed to content) during this phase will result in additional charges.
The site will then undergo a final round of testing in currently available modern browsers (those that support CSS2 or higher). No guarantees can be made as to how pages will look in web browsers that are released after completion of the project. Following this, the project will then be considered complete. After final approval of the site, payment must be made before the site will be transferred to the server and web address which The CLIENT have chosen. If requested, any Search Engine Optimisation work will take place at this stage.
- As an Internet Service Provider, TYSSEN DESIGN provides a server computer that is integrated into the Internet. This server computer will send and receive information as related to the World Wide Web.
- If a domain name is needed for the website, TYSSEN DESIGN will suggest appropriate names and do a search to ascertain the availability of those names. The determination of a domain name's availability does not guarantee it will be still available at the time of registration.
- If needed, TYSSEN DESIGN will complete the necessary forms to register or transfer a domain name as selected by the CLIENT. Although TYSSEN DESIGN will submit forms to register a requested domain name in a timely fashion, TYSSEN DESIGN does not guarantee the availability of any domain name.
- The sending of spam, or unsolicited bulk email (UBE) is not permitted on accounts hosted by TYSSEN DESIGN.
- Website hosting runs from the beginning of this contract for a period of a one year at which time it will be automatically renewed for each subsequent year under the same agreement set forth in this contract and cost outlined in the attached Project Outline and Payment Schedule.
This CONTRACT does not constitute a maintenance contract. Web page maintenance will be the responsibility of the CLIENT unless otherwise arranged. Technical support for any faults that were not present at the time of payment of the final invoice will be subject to a separate agreement.
The CLIENT agrees to pay TYSSEN DESIGN the price specificed in the Project Outline and Payment Schedule attached to this document. Payment shall be made to TYSSEN DESIGN by direct bank deposit to the account as specified in the Project Outline and Payment Schedule.
The CLIENT agrees to provide TYSSEN DESIGN with the appropriate content and feedback in accordance with any timelines provided by TYSSEN DESIGN to complete the project by the delivery time as specified in the project outline.
Assignment of Project
TYSSEN DESIGN reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. TYSSEN DESIGN will be responsible for the final results of the project.
Client agrees to reimburse TYSSEN DESIGN for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Any revisions, additions or redesign the CLIENT wishes TYSSEN DESIGN to perform not specified in this document shall be considered 'additional' and will require a separate agreement and payment.
Copyrights and Trademarks
The CLIENT represents to TYSSEN DESIGN and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TYSSEN DESIGN 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, indemnify and defend TYSSEN DESIGN and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. CLIENT hereby agrees to indemnify and hold harmless TYSSEN DESIGN from any claim resulting from CLIENT's publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless TYSSEN DESIGN in any claim resulting from the submission of illegal materials. If TYSSEN DESIGN shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against TYSSEN DESIGN, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by TYSSEN DESIGN for any reason. Under no circumstances, including negligence, shall TYSSEN DESIGN, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use TYSSEN DESIGN's services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to TYSSEN DESIGN's records, programs or services. Client maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on TYSSEN DESIGN's services. Notwithstanding the above, CLIENT's exclusive remedies for all damages, losses and causes of actions whether in CONTRACT, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this CONTRACT and any reasonable attorney's fee and court costs.
CLIENT agrees that it shall defend, indemnify, save and hold TYSSEN DESIGN harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor's fees, ('Liabilities') asserted against TYSSEN DESIGN, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless TYSSEN DESIGN against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with TYSSEN DESIGN's service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold in the web design.
Laws Affecting 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 TYSSEN DESIGN and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's use of Internet electronic commerce.
Copyright to Web Pages
Copyright to the finished assembled work of web pages produced by TYSSEN DESIGN is owned by TYSSEN DESIGN. 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, files and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. TYSSEN DESIGN and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Client may select that TYSSEN DESIGN includes a byline and link on the bottom of their Web Page establishing authorship credit. This byline is upon agreement by both CLIENT and TYSSEN DESIGN and must be removed at any time upon written request by TYSSEN DESIGN.
In the event that work is postponed or cancelled at the request of the CLIENT by registered letter, TYSSEN DESIGN shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this CONTRACT. If additional payment is due, this shall be payable within 14 days of the CLIENT's notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by TYSSEN DESIGN and TYSSEN DESIGN shall own all rights to the Work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
If the CLIENT applies by a registered letter for a refund within 15 days of signing this CONTRACT, work already completed shall be billed at TYSSEN DESIGN'S usual hourly rates and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed at TYSSEN DESIGN'S usual hourly rates. The undersigned agrees to the terms of this CONTRACT on behalf of his or her organisation or business.