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1. Initial Fees
Prior to the rendering of any services by Zander Graphics, the Client must provide certain initial fees and deposits to secure compensation for preliminary design services. These fees are non-refundable and are forfeited upon refusal to pay the balance in full or any decision to abandon the project. Although arrangements may be made to continue with the project at a later date, no guarantees are made by Zander Graphics that further charges may not be necessary for continuance of the project.
2. Project Deposit
The Client will be required to pay a non-refundable deposit as specified in the project’s Service Agreement (approximately 25% of the project total) to cover the costs of domain registration, hosting fees, and other costs associated with the initial setup of the site.
3. Design Fees
Payment of all design fees and recurring fees is required in full before the finished project will be delivered to the Client and made available to the public. Failure to pay the balance in full may result in loss of project elements, failure to secure desired web location, or other similar consequences.
4. Annual Fees
All recurring fees are due 30 days before the anniversary of the date the domain name was registered. This information will be provided to you by Zander Graphics upon completion of the project. Domain registration fees must be paid 30 days in advance to ensure that the name can be properly renewed and to allow for any complications which may arise in this process. Failure to pay these fees may result in loss of desired domain name and/or loss of hosting space. Recovering a lost domain name can be a very costly process, so it is in your best interest to make sure these fees are paid in a timely manner.
5. Additional Charges
Any additional charges that are required for the completion of items added to the project after the original invoice date or resulting from omission of information by the Client in the original estimation process must be approved by the Client prior to completion. The Client will have the opportunity to authorize such services either when the original contract is signed or as issues arise. The Zandergraphics Service Contract covers only those items listed in the Itemization of Services as listed on the Client Invoice.
Additional charges may include, but are not limited to: photo or text scanning, typesetting fees, and additional pages or other site elements as requested by the Client. If additional services are authorized, Zander Graphics agrees to notify the Client when and what services have been performed as well as the cost. Once completed, Zander Graphics will submit an invoice for all additional services. If prior approval is required by the Client, Zander Graphics will submit an invoice to the Client to be signed and returned before said services will be completed. Failure to return an invoice authorizing additional services may result in possible delay of project completion.
6. Payment of Balance
The balance “Due on Completion” as specified on the Service Estimate must be paid in full within ten (10) days after project completion. For this purpose, the project will be considered complete as soon as the elements of the website listed on that specific invoice or estimate contract are “live” on the Internet.
7. Payment Methods
Zander Graphics accepts payment in the form of cash, check, or credit card. Deposits paid by check may require up to a week for bank approval. Credit card payments are made through PayPal online payment system and the Client is required to pay all PayPal transaction fees (approximately 3% as of April 2007).
8. Non-Payment
Failure to pay the balance in full will result in non-delivery of finished project, possible loss of project elements, and/or rate changes. Zander Graphics assumes no responsibility for projects that are discontinued due to non-payment unless appropriate arrangements have been made in writing.
9. Transfer Fees
In the event that you wish to transfer your site to a host other than Zander Graphics, certain Transfer Fees will apply. These fees will cover the costs of the physical transfer of the domain name, which vary depending on the host you wish to transfer to, plus an administrative fee for the handling of the transfer process. All appropriate information will be delivered by Zander Graphics upon completion of the transfer.
10. Content & Uses
Sites designed by Zander Graphics may not be used for any illegal or otherwise questionable content. Examples of inappropriate use include but are not limited to: the distribution of pornography, discriminatory material, or any information on illegal activities.
11. Updates/Upgrades/Changes
The content or structure of your site may be changed at any time upon your request. Redesign fees may apply for some elements, but previously designed elements may be re-used at no additional charge.
12. Copyrights and Trademarks
The Client must own, or have permission from the rightful owner to use, any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Zander Graphics for inclusion in webpages. The Client agrees to indemnify and hold Zander Graphics harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release. Zander Graphics is legally obligated to discontinue the use of any design elements that are determined to lack the owner’s permission for use.
13. Disputes, Mediation, & Arbitration
If a dispute, controversy or claim arises out of or relates to this contract, or breach, termination or invalidity thereof, and if such dispute, controversy or claim cannot be settled and resolved through negotiation, the parties agree first to try in good faith to settle such dispute, controversy or claim through mediation. Any issue or claim not resolved by mediation shall be referred to and finally resolved by arbitration. The mediator and if necessary, the arbitrator, shall be mutually agreed to by the parties and shall be a professional arbitrator or mediator.
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