THIS AGREEMENT is made and entered into between “TWINTEL Solutions and it's clients. You agree to be bound by this agreement (the “Agreement”) and any signed Service Order's), and to use the Service in compliance with this Agreement, TWINTEL Solution's Privacy Policy and User Agreement.
1.0 SERVICES RENDERED
You have engaged TWINTEL Solutions for the specific purpose of designing or modifying an Internet website (the “Website”). TWINTEL Solutions agrees to perform website design services for you in accordance with the Service Order. All services described therein are to be performed by TWINTEL Solutions and/or its contractors in accordance with commonly accepted standards and practices of the Web Services Industry. That is to say, we will use website design technologies that are universally acceptable in order to satisfy the broadest web market possible.
2.0 ADDITIONAL SERVICES
The terms and conditions set forth in this document constitutes the sole Agreement between TWINTEL Solutions and the client regarding the Website. Any additional work not specified in this Agreement must be authorized in writing. Should the client desire additional standard Web pages beyond the original number of pages specified above, the client agrees to pay TWINTEL Solutions its normal rates for the additional work.
3.0 PAYMENT
Client agrees to pay to TWINTEL Solutions an initial payment of 50% of the total development cost of the Website upon execution of the Service Order, unless otherwise indicated in the Service Order. After the Service Order is agreed to by both parties, it is subject to final acceptance or rejection by the TWINTEL Solutions Product Manager prior to commencement of work by TWINTEL Solutions. All remaining charges agreed upon and which may accrue shall become due and payable to TWINTEL Solutions upon completion of the services described in the Service Order. Delinquent bills will be assessed a $50 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 10% penalty will be added for each month of delinquency. TWINTEL Solutions reserves the right to remove Web pages from viewing on the Internet until final payment is made. Should collection activities become necessary, the client agrees to pay all fees relating to said activity.
4.0 SUBCONTRACTING
TWINTEL Solutions reserves the right to assign other Web designers or subcontractors to this project.
5.0 WARRANTIES AND LIABILITY
TWINTEL Solutions does not warrant that the functions of the Website will meet the client's expectations of site traffic or resulting business. In no event will TWINTEL Solutions or its sub-contractors be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or Website, even if TWINTEL Solutions has been advised of the possibility of such damages.
6.0 TRADEMARKS & COPYRIGHTS
The client represents to TWINTEL Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TWINTEL Solutions 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, and defend TWINTEL Solutions from any claim or suit arising from the use of such elements furnished by the client. Copyright to the assembled work of Web pages produced by TWINTEL Solutions is owned by TWINTEL Solutions. Upon final payment of this contract, all rights owned by TWINTEL Solutions as to the design, graphics, and text in this Website transfer to the client.
7.0 LITIGATION
Any disputes arising from this Agreement will be litigated or arbitrated in Los Angeles, California. This Agreement shall be governed and construed in accordance with the laws of the California, USA. Undersigned hereby agree to the terms, conditions and stipulations of this Agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Revised 5/31/05