By utilizing our services, you agree to the following Terms and Conditions:
Website, Hosting & Design Services Agreement
THIS AGREEMENT is made and entered into by Digital Images Design, Inc., hereinafter referred to as DID and the Customer. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
- GRAPHIC DESIGN / WEBSITE DESIGN SERVICE: Customer requests DID to provide graphic design / website design services as outlined herein. Customer will provide DID with all CONTENT necessary for the completion of requested graphic design services. For the purposes of this agreement, CONTENT is defined as: all artwork, photographs, logos, videos, editorial copy, text, layout information, product descriptions, prices, rates, and all other information and/or files, digital or hard copy, required for the completion of requested design services. Customer has the authority and owns or has obtained all rights and permissions including model releases, copyright permissions, etc. to use, modify and/or use above mentioned CONTENT and grants DID the right to use, modify, optimize, enhance, alter and use above mentioned CONTENT as necessary for the completion of this Agreement. Customer will provide DID with any other information DID deems necessary for the completion of requested design services. DID shall complete requested design services in a reasonable time and not longer than thirty days (30) days from receipt of ALL CONTENT, including Customer’s deposit and signed Agreement. DID will provide all design concepts via email.
- ADJUSTMENTS TO DESIGN (APPLIES ONLY TO NON-TEMPLATE SITES): Customer will have the opportunity to make up to four (4) MINOR ADJUSTMENTS to the initial design concept. For the purpose of this Agreement MINOR ADJUSTMENTS are defined as changes in color scheme, placement of photo(s) or graphics, and selection of fonts. Requests for ADJUSTMENTS must be made by the Customer to DID via email. MINOR ADJUSTMENTS will be completed by DID in a reasonable time and not longer than seven (7) days from receipt of Customer’s emailed request. Should Customer desire additional ADJUSTMENTS to the design or any ADJUSTMENT not defined herein as a MINOR ADJUSTMENT, Customer will be notified and billed for these ADJUSTMENTS at DID’s hourly Rate.
- DOMAIN NAME: If DID shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against DID and DID’s officers, directors, and employees, 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 DID for any reason.
- WEBSITE HOSTING SERVICE: DID offers Internet website hosting through its relationships with World Wide Web service providers who maintain a network of dedicated server computers, routers, hubs, switches, other equipment and software (collectively, the “Network”) which is integrated with the Internet. This Network sends and receives data and information in relationship to the World Wide Web. If Customer wishes to establish website hosting utilizing these hardware and software resources, they will do so in accordance with DID’s Acceptable Use Policy (AUP) and DID’s Billing Policy (BP) which is published on DID’s website. Continued use of Website Hosting Service by Customer constitutes acceptance of DID’s AUP and BP.
- UNILATERAL SERVICE REVOCATION: In the event that DID may at any time believes that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, DID may immediately discontinue such service to the Customer without liability. This will include failure to pay, content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous, the use of unsolicited e-mail (SPAM), or tampering with network or systems, ‘hacking’, ‘cracking’ or any other attempt to alter or restrict DID’s ability to provide services to it’s customers.
- CONDITIONS: This Agreement constitutes a legal and binding contract between DID and the Customer and does not extend to any other person or entity.
- WARRANTIES: With respect to the services to be provided herein, the Customer acknowledges that DID makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that DID and DID’s officers, directors, and employees shall not be liable to the Customer for any claims, damages or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein.
- INDEMNIFICATION: The Customer shall indemnify and hold harmless DID and DID’s officers, directors, and employees from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against DID and DID’s officers, directors, and employees for any service provided to Customer by DID to include content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
- PAYMENT: A deposit is required for all website design work. Should the cost of additional ADJUSTMENTS exceed the original contract amount, DID may request additional payments prior to completion of requested services. The balance, including any additional design or ADJUSTMENT fees are due upon completion of services.
- RELEASE OF GRAPHICS: Upon receipt of final payment, DID will release all graphics and original CONTENT to Customer. Graphics will be provided to Customer in a digital Web format.
- CHANGES IN TERMS OF AGREEMENT: DID reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof by publishing it to the appropriate DID website, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s). Customer is solely responsible for staying informed with respect to changes in this Agreement.
- ENTIRE AGREEMENT AND UNDERSTANDING: This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
- RELATIONSHIP: The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
- GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Hillsborough County, Florida. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
- SEVERABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
- INTERPRETATION: The format, words and phrases used herein shall have the meaning generally understood in the Telecommunications/Software/Internet/Graphic Design Industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
- COMMUNICATIONS: Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in writing and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication.