Terms and Services Last modified: Nov. 15, 2008 Any payments made to RK-Graphics either full, partial, or deposits are agreeing to the terms and services provided by RK-Graphics. Quotes & Contacts All written quotes are good for 30 days. Unsigned contracts are also only good for 30 days. Both quote and contract after 30 days must be rewritten upon request and prices are subject for change. Warranties RK-GRAPHICS represents and warranties to the CLIENT that it has the experience and ability to perform the services required by this Terms; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Terms; and that its performance of this Terms shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determinate or exercise control as to general procedures or formats necessary to have these services meet CLIENT's satisfaction. The CLIENT represents and warrants to RK-GRAPHICS that it will provide CLIENT materials as required in a professional, competent, and timely manner; that it has the power to enter into this Agreement on behalf of CLIENT: and that its performance of this Terms shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. Completion Date RK-GRAPHICS and the CLIENT must work together to complete the Web site in a timely manner. Much of this depends on receiving the appropriate images and text from the CLIENT. We agree to work expeditiously to complete the Web site in a professional and timely fashion.
RK-GRAPHICS reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. RK-GRAPHICS will be responsible for the final results of the project. Additional Expenses CLIENT agrees to reimburse RK-GRAPHICS for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, etc.
Any revisions, additions or redesign CLIENT wishes RK-GRAPHICS to perform not specified in the invoice shall be considered “additional” and will require a separate Agreement and payment.
The CLIENT represents to RK-GRAPHICS and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to RK-GRAPHICS for inclusion in Web pages are owed by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend RK-GRAPHICS and its subcontractors from any claim or suite arising from the use of such elements furnished by the CLIENT.
CLIENT certifies that he or she is at least 18 years of age.
The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will be hold harmless, protect, and defend RK-GRAPHICS and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's use of Internet electronic commerce.
Copyright to the finished, assembled work of Web pages produced by RK-GRAPHICS is owned by RK-GRAPHICS. Upon final payment of the invoice, the CLIENT is assigned rights to use as a Web site the design, graphics, and text contained in the finished, assembled Web site. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. RK-GRAPHICS and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
CLIENT may select that RK-GRAPHICS includes a byline and link on the bottom of their Web page establishing authorship credit. This byline is upon agreement by both CLIENT and RK-GRAPHICS and must be removed at any time upon written request by RK-GRAPHICS. RK-GRAPHICS, its employees, and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this Term disclose any Confidential Information to any person whatsoever.
In the event that work is postponed or canceled at the request of the CLIENT by certified letter within 5 business days of start date, RK-GRAPHICS shall have the right to bill pro rata for work completed through the date of that requested. If additional payment is due, this shall be payable within 10 business days of the CLIENT's notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by RK-GRAPHICS and RK-GRAPHICS shall own all rights to the Work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
If the CLIENT applies by a registered letter for a refund within 72 hours of initial payment, work already completed shall be billed at the hourly rate of $125.00 and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed at the hourly rate of $125.00.
Any disputes in excess of $1000.00 arising out of these Terms shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed-upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of RK-GRAPHICS. Regardless of the place of reading of these Terms, the CLIENT agrees that for the purposes of venue, these Terms was entered into in Hillsborough County, Florida, and any dispute will be litigated or arbitrated in Hillsborough County, Florida. In order for RK-GRAPHICS to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $5 per day charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 15% penalty will be added for each month of delinquency. RK-GRAPHICS reserves the right for each month of delinquency. RK-GRAPHICS reserves the right to remove Web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. Regardless of the place of reading of these Terms, the CLIENT agrees that for the purposes of venue, these Terms was entered into in Hillsborough County, Florida, and any dispute will be litigated or arbitrated in Hillsborough County, Florida. Please pay on time. Hosting Terms All sales are final, no refunds will be issued once the domain name is registered.
Terms and services are subject to change without further or prior notice.
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