Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to E-Thulir Ltd. Web Design 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 E-Thulir Ltd. 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.
Web Site Standard Maintenance.
The agreement allows for minor web site maintenance to pages for the first one month of your web site at no charge, up to an average of one half hour per regular web page per week, including updating links and making minor changes to a sentence or paragraph. It does not include 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 Client via diskette, and e-mail. The period begins on the date the Client’s web site is available to be published to the Client’s hosting service. Major page code and/or graphics changes and additions will be charged at the £25.00 per hour rate. (Notice: This rate is subject to change at any time.)
Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend E-Thulir Ltd Web Design and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Web Design Project Copyright.
E-Thulir Ltd will own copyright to the finished web design site produced by E-Thulir Web Design. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. E-Thulir Web Design 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 E-Thulir Ltd Design Services Web Site.
Payments must be made promptly based on the terms of this Web Site Design Project. E-Thulir Ltd 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 7 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.
Not withstanding anything to the contrary contained in this contract, neither Ethulir Ltd Web Design nor any of its employees or agents warrants 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 Ethulir Ltd Web Design be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, 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, you or your site visitor’s computer or Internet software, even if Ethulir Ltd Web Design has been advised of the possibility of such damages.