Website Design Agreement

SHOWCASE

Project Contents
All digital and non-digital materials supplied by the client to abeMalonda Design for project development must be, either owned by the client or given copyright permission for publication. abeMalonda Design is not responsible for copyright infringements found on these materials.

Completion of the project

abeMalonda Design and the client must work together to complete the website in a timely manner. You will do your part to keep projects on schedule by being responsive to our questions, reviewing materials promptly, and understanding that significant changes and alterations after a project has begun will likely delay the completion date.

Web Design fee.

Web design service fees are separate from domain name registration fees, Internet Service Provider fees, hosting fees or dial up fees. All of these costs are the responsibility of the Client. The Service is not responsible or liable for any damages that may occur to the Client for use of any outside services.

Estimate

Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.

Web Hosting

The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows abeMalonda Design full access to the website and a cgi-bin directory via FTP and telnet. Using our web hosting subject to the terms of our web hosting terms and conditions.

Browser Compatibility
abeMalonda Design uses the latest technology to build your web sites. Many features are made available to you thanks to the latest technology. Our objective at abeMalonda Design is to design web standard compliant web sites, as defined by the World Wide Web Consortium. Not all web browsers are web standard compliant such that the rendering of your web site might be different when viewed with different web browsers. It is expected that as the different browsers become more web standard compliant, the rendering of your web site will be more uniform.

Assignment of Project.

abeMalonda Design reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Domain Name Service
abeMalonda Design can assist the client to obtaining a Domain Name (i.e www.yourcompany.com). The domain name will be the property of the client and as such the client will be solely responsible for maintaining said service and any resulting fees. abeMalonda Design does not warrant that the Domain Services will meet the client's requirements or that these services will be uninterrupted or error-free. The entire risk in obtaining and maintaining the client's domain name lies with the client. In no event will abeMalonda Design be liable to the client of 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 the clients domain service, even if abeMalonda Design has been advised of the possibility of such damages.

Pause in Project Development
A request to pause project development must be made in writing to abeMalonda Design and include the signature of the authoritative client. The delay will not exceed a period of 30 days. Unless other arrangements are made between both parties, abeMalonda Design will assume any delay requested by the client that exceeds the 30-day period a cancellation, and hence will charge for the number of hours accumulated in project development before the request to pause is made.

Intellectual property rights

You may not claim intellectual or exclusive ownership to any of our, graphics, web templates or design schema, modified or unmodified as they are owned by abeMalonda Design, or its licensors, and is protected by copyright, trademark, database and other intellectual property rights. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by abeMalonda Design, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Copyright to Webpages

Copyright to the finished assembled work of webpages produced by abeMalonda Design is owned by abeMalonda 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, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. abeMalonda Design and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Prohibited Conduct
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibed on our Service. You agree not to:

- upload, post or otherwise transmit any User Content that:
1. is unlawful, harmful, threatening, abusive, harrasing, defamatory, hateful, or racially, ethnically, or otherwise objectionable;
2. you do not have a right to transmit under any law or contractual or fiduciary agreements;
3. contains software viruses or any other computer code, files or programs designed to interrupt, destory, or limit the functionality of any computer software or hardware or telecommunications equipment;
4. potentially infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity
- defame, abuse, harras, stalk, threaten, or otherwise violate the legal rights of others;
- misrepresent yourself or take on the identity of someone else while using this service;
- modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service and any other abeMalonda Design servicse;
- upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages;
- act in any manner that negatively affects other users' ability to use the site

Revisions and Alterations

New work requested by client and performed by abeMalonda Design after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
Author's alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.