Terms & Conditions
Assignment of Project(s). HarrisProDesigns reserves the right to assign subcontractors to theirprojects to ensure that the terms of this agreement are met.
Completion Date. HarrisProDesigns 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 30 days of the effective date. Effective date is contingent on the initial deposit and all content submitted by the client. If site is not completed within 45 days of the effective date due to: (1) lack of communication from the client; (2) inactivity from client; (3) defaulted payment arrangement(s); and/or (4) any and all other forbearance(s), the entire deposit amount of the agreement shall be retained by HarrisProDesigns as liquidated damages and the contract shall become null and void, at HarrisProDesigns' option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement. HarrisProDesigns will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, HarrisProDesigns may charge extra to restart work on that project.
Termination & Cancellation. Either party may terminate this Agreement upon written notice to the other if a party materially breaches any of these terms and the breaching party fails to correct the breach within ten days following the party's written notice, or immediately if the breach is incapable of cure. Requests for termination must be received via our Support System. This is the only way to effectively terminate the project(s). Termination does not guarantee a refund. Any and all deposits, payments, and/or other financial obligations are non-refundable.
Project Delivery. The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment.
Hosting & Domain Services. The Client understands that HarrisProDesigns does not provide any hosting services in connection with this Web Design Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows HarrisProDesigns full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.
Payment of Fees. 50% of project(s) costs are required as down payment for work to begin. The remaining balance is due upon completion of project. If other arrangements are needed, please contact us immediately. HarrisProDesigns has the right to hold project(s) until all financial obligations have been met. HarrisProDesigns reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 10 days after completion and approval of the Web Design Project by the Client.
HarrisProDesigns will no longer accept personal checks for payment of services effective January 1, 2011. Clients may settle their account by debit or credit card via PayPal or via our billing system online at www.harrisprodesigns.com. Money orders or certified checks are accepted on a case-by-case basis and must be made payable to HarrisProDesigns. Any misaddressed payments will be returned to the client. As a reminder, our mailing address is PO Box 384, Rex, GA 30273.
Although most updates can be done quickly, our staff is allotted 48 hours from time of submission to complete your update request. If a quicker turnaround is required, this must be clearly stated in your support request and an additional fee may be incurred.
Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to HarrisProDesigns and/or our subcontractors 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, indemnify and defend HarrisProDesigns and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Original web site content supplied by the customer and designed under work for hire shall be the intellectual property of the customer. HarrisProDesigns holds the rights as authors to the design work. HarrisProDesigns and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to HarrisProDesigns' Web Site.
Backups of your data. HarrisProDesigns will provide clients (upon request) with a backup of site files. Your hosting company is the ultimate holders of your site backup as we retain only a clean copy of your site upon completion of the initial design. Most hosting suppliers offer weekly backups assuming your account status is up-to-date. We advise that you consult your hosting company for their policy on routine backups. We retain site backups for 1-year after delivery only. Please contact us for pricing.
Representations and Warranties. OTHER THAN AS SET OUT, WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE IS PROVIDED AS-IS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, AND/OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE, OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.
Sole Agreement. The agreement established by HarrisProDesigns constitutes the sole agreement between HarrisProDesigns and client regarding the project(s) in which services are being rendered. Any additional work not specified in the project(s) will be subject to additional fees.