Terms & Conditions
Compensation and Term
Client hereby retains Digital Community on payment of deposit, and Digital Community hereby agrees to perform the following services as required to setup and maintain the Internet Website for the Client on receipt of deposit. This contract represents an agreement which Digital Community or Client may terminate by means of written notice or email. Annual hosting fees are subject to change as your website becomes more successful and your bandwidth usage increases.
Billing and Payment
Digital Community shall provide detailed invoices or statements for services provided that will be mailed out either by email or regular mail. Payment of deposit is due within two weeks of Client receiving notification of the deposit amount from Digital Community with the full payment being due within two months of the website completion. Failure to pay the full invoice by the date specified may result in disablement of Client's Website. Digital Community may charge a fee to reactivate the Website. If it becomes necessary for Digital Community to bring legal action against the Client to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including reasonable legal fees.
Hosting and Maintenance
Digital Community will maintain Client’s Internet Website to make sure that all links work and content is not corrupted. Digital Community will update the Internet Website as needed to reflect changes in technology, if said changes affect the design and/or usability of the Website. Digital Community will design Client’s Website to current HTML standards and for current Firefox, Safari and Internet Explorer specifications. Digital Community is not responsible for maintaining client’s website inventory. Any future additions, changes or updates to the Website will be billed at the current hourly rate unless otherwise stated. Digital Community will provide a general quote for any work needed before starting.
Publicity and Online Promotions
The Digital Community website may provide linkage to the Client’s website in order to attract new clients, and the Client’s site may contain links back to Digital Community, as the developer of the site. Digital Community will submit Client’s website with the top Search Engines, however, Digital Community in no way guarantees the Client’s site will be listed or it’s listing position with these Search Engines. Any other advertising of the Client’s Website is the sole responsibility of the Client.
Data and Security
Backups of the Website will be made each time a change is initiated by Digital Community. Digital Community will take reasonable precautions to avoid data loss and to keep Website and data secure. Digital Community will in no way be held liable for lost, stolen or destroyed data on Client’s website or contained in any database.
Warranties by Digital Community
Digital Community represents and warrants to Client that it has the experience and ability to perform the services required to setup and maintain Client’s Internet Website and will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any governing laws.
Digital Community makes no claim that the Client’s Internet Website will have any direct effect on the success of the Client’s business. Digital Community will not be held liable for any losses of any kind suffered by Client. Digital Community makes no claim that the Client’s Internet Website will be accessible on the Internet 24 hours a day 7 days a week due the nature of the Internet, computers and unforeseen acts of God. Furthermore, it is the Client’s responsibility to proof–read and approve all information contained in their website. Any omissions or errors should be detected by Client and will be corrected by Digital Community before the website is officially online.
Digital Community acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. Digital Community shall not enter into any contract or commitment on behalf of Client. Digital Community further acknowledges that it is not considered an affiliate or subsidiary of Client, and is not entitled to any Client employment rights or benefits. It is expressly understood that this undertaking is not a joint venture.
Digital Community and Client recognize and acknowledge that this Agreement creates a confidential relationship between Digital Community and Client and that information concerning either parties’ business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such is hereinafter collectively referred to as "Confidential Information."
Digital Community and Client agree that they will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement Digital Community will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client. Digital Community and Client further agree to bind their employees and subcontractors to the terms and conditions of this Agreement.
Digital Community and Client agree that any content, logos, sound clips, graphics or programming code used on the website provided or created by Digital Community shall remain the exclusive property of Digital Community unless otherwise stated. Any rights granted to use certain specific information under this Agreement shall not affect the exclusive ownership of the work product. Digital Community hereby grants the exclusive use of said content, from a Digital Community source, to Client for as long as the contract remains current. Digital Community also grants Client the power to sell their exclusive use of content to another party. In the unlikely event Digital Community terminates this contract or ceases to exist, ownership of website content and code will transfer to Client. The only exception to this will be that Digital Community has the right to use Client's logo for promotions and advertising, and Client has the right to use Digital Community's logo for promotions and advertising.
This Agreement shall be construed and enforced in accordance with the English Law.
Entire Agreement and Notice
This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by post or email.