last modified on January 17, 2018.
The Agreement between BRNater Media, Inc. (i.e. “The Company”, “us”, etc…), and the Company (i.e. “The Client”, “you”, etc…) is for the fulfillment of the web design & development services described in the “Site and Search Power Package” document received from us by you. Both parties agree to the following:
CONFIDENTIAL INFORMATION. Both parties agree to not share any of the other’s confidential/proprietary information with anyone outside of each other without the other party’s written consent.
PROVISION OF WEB DESIGN SERVICES. The Company agrees to design, program, and launch the website. The Client may offer direction and feedback on the website design as it relates to the Client’s company or business goals.
PROVISION OF WEB HOSTING SERVICES. The Company agrees to provide Client with website hosting services, consisting of website server space, internet access, and such additional services, as may be provided by The Company from time to time. E-mail capability and domain name registration are not included in services. The Company reserves the right to change or modify the features of Client’s service plan from time to time on 30 days written or e-mailed notice to Client. Client’s continued use of The Company’s services after receipt of such a notice of modification shall constitute Client’s acceptance of and agreement to be bound by the The Company’s modification of the terms and conditions of this Agreement.
CLIENT RESPONSIBILITIES. The Client agrees to (1) make on-time monthly payments in the amount specified in the “Site and Search Power Package” document, (2) approve all work done by The Company in relevance to the services outlined in the “Site and Search Power Package” document in a reasonable timely manner, (3) and bring any errors to the Company’s attention for correction.
COMPANY RESPONSIBILITIES. The Company agrees to (1) establish and guide project expectations, (2) fulfill deliverables outlined in the “Site and Search Power Package” document, (3) ensure that all deliverables function as intended and agreed, and (4) and make changes to any errors found by The Client.
THE COMPANY IS AN INDEPENDENT CONTRACTOR. The Company will provide services in a manner it deems appropriate. This agreement does not create an employer-employee relationship or an exclusive relationship between parties.
FEES & CHARGES. The Company charges a flat monthly rate for the services provided. This rate will be outlined in the monthly invoices. The company may suspend work for unpaid invoices, and after 45 days may cancel a project and reserves the right to charge off the unpaid amount to a collection agency.
Unless stated otherwise in the “Site and Search Power Package” document, payment can be made via ACH bank transfer or credit card only. Fees are inclusive of processing costs and taxes. All payments are nonrefundable, except as allowed by The Company. For any payment disputes that result in favor of The Client, The Company will refund the disputed amount within 30 calendar days.
ACCREDITATIONS / PROMOTIONS. The Company may or may not add a credit and hyperlink to The Client’s finished website which links back to The Company’s website. The Company is otherwise allowed to display the completed project for its own promotional purposes.
WARRANTIES AND REPRESENTATIONS. The Client acknowledges that it has the right to use any information or materials it brings for use in the project. Upon completion and final payment, all work completed by the Company is rightfully owned by The Client and is granted an unlimited, full ownership license. The Client understands that the WordPress platform, its themes and plugins are maintained under the GPL license (http://www.gnu.org/licenses/gpl.html).
Regarding custom web development and coding standards, the Company aims to ensure a consistent user experience across the most recent version of Internet Explorer, Firefox, Safari, and Chrome; and on Apple, and Android, and Microsoft mobile and tablet devices. The Client acknowledges that the internet evolves rapidly, and so to accommodate older versions of the above devices, time spent will be charged at the standard hourly rate.
Upon project completion, The Client has the option to request the files that make up the project (i.e. webfiles, databases, and graphic design files). Upon receiving these materials, The Company will not be liable for lost content or data, and is not required to keep a backup of such files.
VIOLATIONS OF NETWORK USE. Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client’s agreement. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:
(a) Accessing data not intended for the Client or logging into a server or account that the Client is not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any Client, host or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”.
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(e) Taking any action in order to obtain services to which the Client is not entitled.
WARRANTY AGAINST UNLAWFUL USE. Client warrants and represents that Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client’s account for cause.
INTELLECTUAL PROPERTY. Content materials will remain the property of their respective owners. The Company is not responsible for damages or losses that result from The Client’s inability to secure necessary licenses, trademarks, etc…
TERM AND TERMINATION. This Agreement takes effect on the date of the last signature at the end of this document and remains effective until one of these events occurs: (1) the project is completed, (2) this agreement is cancelled by either party, or (3) a breach in this agreement is not remedied within 15 days from the party at fault being notified of the breach.
If this agreement is cancelled at request of The Client and The Client wishes to receive work done to that point by The Company, The Client agrees to pay the Company for the value of the work completed to that point.
If the agreement is cancelled after the website has been completed, the Company may charge a migration fee of $99 to move the website from its servers to the Client’s new web host.
This agreement can be modified/amended by the parties, so long as both parties agree to do so.
Neither party can transfer its responsibilities to another entity without the other party’s written consent.
The Company will not be deemed in breach if it is unable to complete services due to forces beyond its control, so long as it gives The Client notice of its inability to perform such services.
This agreement shall be in accordance with the laws of the United States and the state of North Carolina.
If any part of this agreement is deemed unenforceable, the rest of the agreement will remain in full effect.
ACCEPTANCE. By checking the box in the”Site and Search Power Package” document, the Client accepts these terms and conditions constitute as part of the “Site and Search Power Package” document.