PVA Interactive, LLC - Terms and Conditions of Sale:
- The following terms are used throughout this document and should be understood by the reader.
The 'Client' refers to the person, firm, company, or organization with which a Contract is arranged.
The 'Seller' is used to represent PVA Interactive, LLC, its employees and subcontractors.
- The acceptance of a proposal for the 'Seller' services shall be deemed as a contractual agreement between ‘Client’ and 'Seller' and ‘Client’ agrees to be bound by it.
- Proposals/Estimates are based on accuracy of specifications provided. ‘Seller’ can re-estimate a project at the time of submission if additions do not conform to the information on which the original proposal was based.
- ‘Client’ unconditionally guarantees that any elements of text, graphics, photos, video, designs, trademarks, or other artwork furnished to ‘Seller’ for inclusion in the project are owned by ‘Client’, or that ‘Client’ has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend ‘Seller’ and its subcontractors from any claim, suit or attorney fees & costs arising from the use of such elements furnished by ‘Client’.
- All copyright for original graphic designs and web site designs specifically requested by ‘Client’ will be held by ‘Seller’ until full payment of the total amount is received on completion of the proposal and any additional charges incurred have been paid in full, whereby it will be transferred to ‘Client’.
Each end product provided by ‘Seller’ and it’s associated graphics, photographs, images and text, will remain the property of ‘Seller’ until such time as payment has been made in full whereupon they will become the property of ‘Client’, except where superceded by copyright outside the control of ‘Seller’ or its suppliers.
All intermediate materials and working files originated by ‘Seller’ and used in the production of the end products are the property of ‘Seller’ unless otherwise specifically agreed to in writing. If 'Seller' uses third party copyright materials, such as, clipart, photos, graphics, source code, and computer programs the 'Client' cannot reuse them without gaining permission directly from the third party and they remain the property of their respective owners.
All intellectual property rights associated with any original computer software source code developed under this agreement remain the property of ‘Seller’. ‘Client’ will be granted a royalty free, non-exclusive, irrevocable license to use it, in part or in whole, for subsequent development of the product(s) covered by this agreement.
‘Seller’ retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
- The completed project may include executable code from other sources. ‘Seller’ will ensure that it has the necessary rights to use such code.
- ‘Client’ agrees that ‘Client’ is solely responsible for complying with Electronic Commerce laws, taxes and tariffs, and will hold harmless, protect, and defend ‘Sellers’ and its subcontractors from any claim, suit, penalty, tax, tariff or attorney fees & costs arising from ‘Client's’ exercise of Internet electronic commerce.
- Outside purchases, unless otherwise agreed upon in writing, as requested or authorized by ‘Client’ are chargeable.
- ‘Seller’ will submit a ‘Client’ Web site to several of the major search engines as part of the development proposal. ‘Seller’ will make every reasonable effort to develop the site to allow for search engine effectiveness but cannot guarantee high placement in search engine results.
‘Seller’ can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of development chooses not to list ‘Client’ Web site.
- Projects will be canceled only upon compensation for work already started or completed.
- ‘Seller’ accepts payment by cash or check, made out to “PVA Interactive, LLC” within 15 days of the date on the invoice, unless otherwise specified. ‘Seller’ will accept credit card payments by advance notice only through the use of PayPal services.
‘Seller’ reserves the right to remove any web design projects from viewing on the Internet until final payment is made, and to charge an administration fee to re-publish the site. In case collection proves necessary, ‘Client’ agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.
Any payment returned by the bank or credit card company will incur a $25.00 administration fee. This will be invoiced and will be added to the total outstanding debt owed by the client.
- 'Client' allows the 'Seller' to attach a small textual advertisement at the bottom of all website pages, acknowledging 'Seller' as the company chosen by 'Client' for web design and/or development services. At 'Clients' request and ‘Sellers' discretion, this advertisement may be rearranged or altered to better fit the look and feel of 'Client' web site.
- Designing and Building a Web site to fully work in multiple browsers and browser versions can require considerable, extra effort. It could also involve creating multiple versions of code/pages. ‘Seller’ represents and warrants that the Web site we design for ‘Client’ will work in:
- Microsoft Internet Explorer versions 6 to 7 (latest version of release at the date of quote)
- Mozilla Firefox version 1 to 2 (latest version of release at the date of quote)
While ‘Seller’ will make reasonable efforts to design a fully functional website, ‘Seller’ warrantee does not cover AOL, text-based browsers or requested special effects or design that ‘Seller’ have advise ‘Client’ against.
- ‘Seller’ does not 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 ‘Client’. In no event will ‘Seller’ be liable to ‘Client’ or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential 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 ‘Seller’ has been advised of the possibility of such damages.
- ‘Seller’ will utilize its best efforts to maintain acceptable performance of the Web hosting services, but ‘Seller’ makes absolutely no warranties whatsoever express or implied, including warranty of merchantability or fitness for a particular purpose. ‘Seller’ cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. ‘Seller’ will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. ‘Seller’ shall not be liable to ‘Client’ or any of its customers for any claims or damages which may be suffered by ‘Client’ or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of ‘Seller’.
- ‘Seller’ will be fully entitled to turn off hosting services if an account is more than 30 days overdue without any further notice. Consequences of the site and email being unavailable are the full responsibility of ‘Client’.
- This agreement constitutes the sole agreement between ‘Seller’ and ‘Client’ regarding this proposal. Any additional work not specified in this contract must be authorized by a written request. This agreement supersedes any prior written or oral agreements between the parties.
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