The named client is engaging Gasparilla Media, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as “web design project” which may be installed on the client’s account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as “Hosting Service” if required to perform services. If required to perform services the client hereby authorizes Gasparilla Media to access this account and authorizes the Hosting Service to provide Gasparilla Media with “full access” to the client’s account and any other programs needed for this web design project that are included as part of the client’s service agreement/level.
An acceptable use policy is part of these terms and conditions of hosting any information associated with the domain name. This is necessary because the proliferation of abusive electronic mail and practices generated by a minority of the Internet users can interrupt services. The exhibit with the description of the acceptable use policy is posted on our website and the exhibit is part of these terms and conditions.
Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Gasparilla Media for inclusion in the web design project 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 i Gasparilla Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular website, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 month begins on the date the clients web design site has been published to client’s hosting service or 30 days from the date this agreement was signed, whichever comes first. If the client’s web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and/or database structural changes will be charged at current hourly rates.
Gasparilla Media and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 45 days after the client has submitted all necessary materials. If the client does not supply Gasparilla Media with complete text and graphic content for this web design project within 60 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.
The web site design project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer, or physical media. The client understands that Gasparilla Media may not be providing any hosting services in connection with this web design project. Hosting services may require a separate contract. The client will be solely responsible for all hosting service charges. The client assumes all responsibility for the use and functionality of the web design project.
If the Project Delivery includes publishing, Gasparilla Media will make a good faith effort to accommodate client’s requested method of publishing. In the event Gasparilla Media is not able to accommodate the request method of publishing the following statements apply. If the hosting service has FrontPage 98 /2000 extensions installed, Gasparilla Media may use FrontPage 98/2000 to publish to the site. If the hosting service does not have FrontPage 98 extensions installed, Gasparilla Media may use FTP or SCP to publish to the site. If publishing to a hosting service is not feasible the information may be delivered on diskette or CDROM.
Electronic Commerce Laws.
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Gasparilla Media and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet electronic commerce.
Web Design Project Copyright.
Original website content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Gasparilla Media and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Payments must be made promptly based on the agreed schedule. Delinquent bills can be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty can be added for each month of delinquency. Gasparilla Media reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by an authorized representative Gasparilla Media. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in St Petersburg, Florida, US and any dispute will be litigated or arbitrated in St Petersburg, Florida, US. Please pay on time. All payments will be made in US $ funds unless agreed upon in writing by both parties.
a) By web design projects under $500.00; payment by ordering
b) By web design projects over $500.00; 50% by ordering and 50% by publishing.
c) By web design projects over $5,000.00; agreed in writing a down payment and payments by milestones.
Pre Paid Discounted Development Hour offers – Terms (Simple Start and 3 hour, 5 hour, 10 hour or 20 hour discount development plans)
- All iBusinessLogic discounted hourly packages for development are pre-paid development hours. This means that we offer you a significant discount on pricing with no long term contract or requirements other than the following: No pre-paid hours plans will be refundable after a project has started. If a project has been started by our development team and the client wishes to abandon or change the terms of the project, the remaining pre-paid hours on that term will be held for later use on account for up to one year from the initial payment. These remaining hours can be used for any other project the client wishes, but they are not refundable. We offer several packages of pre-paid discounted development hours to allow clients to get to know us and our services. The client chooses the package they feel is right for the extent of the project they wish to be completed. Please be aware that we offer this discount service under these terms.
Monthly or “Buy Here Pay Here” Website Development Terms (No Money Down, no upfront costs)
All Monthly Packages have a 18 month term.
- Plans may be canceled anytime before the end of the term at a buyout cost. If you change your mind and wish to cancel without buyout then we will simply shut your website down at no extra fee. If you want to move the website before the end of the 18th month and keep your content and the design, you must pay off the entire remaining balance of the term.
- If you choose to remain after 18 months we will be happy to continue with you and keep your website fresh as needed.
- If any payment is missed or is late by 10 days, the website will be shut down until the account is brought current.
- After 30 days of Non-Payment all data will be deleted.
- All accounts on Monthly Plans must be set up as recurring payments through Paypal.
- The Monthly Packages use WordPress, a well known content management system.
Gasparilla Media does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will Gasparilla Media be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor’s computer or Internet software, even if Gasparilla Media has been advised of the possibility of such damages.
This agreement constitutes the sole agreement between Gasparilla Media and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.
This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.
Waiver of Contractual Right
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State if Florida and the Federal Laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Brevard County Florida and you irrevocably consent to the jurisdiction of such courts.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to firstname.lastname@example.org or authorized representative, in the case of notice to you, at the e-mail address provided by you in this agreement, in your WHOIS record for the website domain name or as updated from time to time. Mail shall be sent to Gasparilla Media, 4135 4th Ave North., St Petersburg, Florida 33713 and to you at the mailing address provided in this agreement or as updated in writing. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. Eastern Standard Time and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.