>TERMS OF SERVICE
AGREEMENT FOR WEB SERVICES
You (hereinafter referred to as "Client") is engaging
Nicola Turner of eNicola.com. (Hereinafter referred to as "eNicola"),
as an independent contractor for the specific purpose of designing,
re-designing or editing a website (hereinafter referred to as
"Web Design Project") to be published on the Client's
account on an Internet Service Provider(ISP)/Web Presence Provider(WPP)
computer, hereinafter refer to as "Hosting Service",
or provided as a zip file or on CD at the Client's option. The
Client hereby authorizes eNicola to access this account, and authorizes
the Hosting Service to provide eNicola with "full access"
to the Client's account, and any other programs needed for this
Web Design Project that are included as part of the Client's service
agreement/level. The Client also authorizes eNicola to submit
the completed Web Design Project to major Web Search Engines.
performs freelance/contractor work remotely from a home office.
eNicola is fully skilled to perform the project work and has the
adequate skills to perform web design work.
Compatibility - eNicola represents and warrants that the web site
we design for you will work in:
- Microsoft® Internet Explorer versions 3 and up
Navigator/Communicator version 3 and up
eNicola will make reasonable efforts to design a fully-functional
web site, eNicola' warrantee does not cover AOL, text-based browsers
or requested special effects that we have advise you against.
and Trademarks. The Client unconditionally guarantees that any
elements of text, graphics, photos, designs, trademarks, or other
artwork furnished to eNicola 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 Nicola Turner and eNicola
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
Site Maintenance. This agreement allows for minor web site maintenance
to pages over a 1 month period, up to an average of one half hour
per regular web page, 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, guestbooks, discussion webs, navigation structure changes,
attempted updates by Client repairs or Web Design Projects delivered
to Client via zip file. The period of 1 month begins on the date
the Client's web design site is available to be published to Client's
hosting service or 30 days from the date this agreement was accepted
online, which ever comes first. If the Client's web design package
includes database access using Active Server Pages (ASP), then
very minor page code changes will be accepted under this web site
maintenance plan, major page code and/or database structural changes
will be charged at then hourly rates. If new requests are added
or more designs are requested then this project may need a new
quote and may take longer to complete or cost client more.
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 Nicola Turner
and eNicola 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.
Design Project Copyright. 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 actual computer programs, software applications used
and source code are specifically not transferred to the Client,
and remain the property of their respective owners. eNicola retains
the right to display a sample of clients Web design elements as
examples of eNicola's portfolio. All Web Design Projects will
have a small text link to eNicola' Design Services Web Site at
the bottom of the webpage.
Date. eNicola 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 90 days after
Client has submitted all necessary materials. If the Client does
not supply eNicola with complete text and graphics content for
this Web Design Project within 45 days of the effective date this
agreement, the entire deposit amount of the agreement shall be
retained by eNicola as liquidated damages and the contract shall
become null and void, at eNicola' option, unless the Web Design
Project is cancelled in writing by the Client prior to 45 days
of the effective date of the agreement.
Delivery. The final web site design project will be published
to the Client's hosting service upon receipt of final payment
or delivered via CD by mail or email in a ZIP file upon the receipt
of full payment. The Client understands that eNicola does not
provide any hosting services in connection with this Web Design
Project unless offered within the quote.
Payments must be made promptly based on the terms of the Web Site
Design Project Quote which is provided to client via email link.
eNicola reserves the right to remove any Web Design Project from
viewing on the Internet until final payment is made. In case collection
proves necessary, the Client agrees to pay all fees (including
all attorney's fees and court costs) incurred by that process.
This agreement becomes effective only when quote has been accepted
by client and client pays initial deposit. The Client agrees that
for purposes of venue, this agreement was entered into in Lynchburg
City, Virginia, and any dispute will be litigated or arbitrated
in Lynchburg City, Virginia, and the Client hereby consents to
the personal jurisdiction of the Virginia State Courts. Furthermore,
the Client waives any right to or claim of sovereign immunity.
Schedule. eNicola requires a deposit up front and then the balance
is due just prior to project completion or posting live to the
web. Upfront deposit is determined per project, client deposit
amount will be shown when quoting for the project. eNicola accepts
all major credit cards, visa/mc debit cards online or regular
checks & money orders via mail. By making a deposit you are
quote and the agreement terms on this page. All amounts must be
in U.S. Dollars. On some occasions a payment plan on the balance
due may be accepted by eNicola but must be requested by client
prior to project acceptance and start and must be confirmed and
arranged by eNicola prior to start of project.
If you make a deposit payment and then cancel the project before
eNicola begins working on your project then eNicola will refund
your deposit via paypal.com payment within 60 days. Deposits are
non refundable once the project has started or is in progress.
Hosting - Client can choose to host website with eNicola or with
another Hosting service.
Engines: eNicola does not guarantee where the clients' website
ranks in search engines and directories.
of Web Design Project. eNicola reserves the right, and you hereby
agree, to assign subcontractors to this Web Design Project to
insure that the terms of this agreement are met as well as on-time
and Validation - eNicola develops website and web pages so the
content and functions built into the web site are available to
the majority of visitors. eNicola does not guarantee the sites
to be error free or to pass any 3rd party validation or disability
compliance check tools. If Client needs the website coding to
pass W3C or Disability complains and validations the client must
request to eNicola that disability compliance or validation coding
be including in the quotation as an add-on service.
While eNicola does advise client in the web design project, it
is not eNicola's responsibility to teach client of web design
and development techniques, practices or coding.
Notice. Not withstanding anything to the contrary contained in
this contract, neither eNicola nor any of its employees or agents,
warrant 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 Nicola Turner and/or eNicola 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, your or your site visitor's computer
or internet software, even if eNicola has been advised of the
possibility of such damages.
The Client shall indemnify eNicola and Nicola Turner against and
hold eNicola and Nicola Turner harmless from any and all claims,
actions, suits, proceedings, costs, expenses, damages, and liabilities
including attorney's fees, claimed by any person, organization,
association or otherwise arising out of, or relating to, the web
pages and the websites creation or hosting, use, possession, operation
and/or condition. The provisions of this paragraph shall survive
the termination of this agreement and terms of service.
Agreement. This agreement constitutes the sole agreement between
eNicola and the Client regarding this Web Design Project. Any
additional work not specified in the quote or any other amendment
or modification to this contract must be authorized by a written
request signed by both Client and eNicola.
Agreement constitutes the entire understanding of the parties.