All goods and services provided by Spiker
Graphics to the Client are subject to the following terms and
conditions:
ACCEPTANCE - A signed statement must be provided by all
Clients at the time of submission of work to Spiker Graphics, indicating
agreement to and acceptance of these Terms and Conditions.
CHARGES - Charges for goods and
services provided by Spiker Graphics are as defined in the Web Site
Packages section of this Web site. All Web site design services require
an advance payment of a minimum of 50% of the total before the work is
supplied to the Client for preview. Upon Client approval of the work and
final payment for services, the web site will be activated for public
access through the World Wide Web. No sites will be activated without
full and final payment being received. Quotes for custom services will
be provided after evaluation of the requirements submitted by the
Clients. Spiker Graphics reserves the right to change the rates for
services with thirty (30) days advance notification to the Client.
Complete proposals for work will be provided on request, and are valid
for thirty days from the date of issue.
PAYMENTS - All fees are in U.S. dollars. Checks are to be
made payable to Spiker Graphics. The Client may elect to receive either
e-mail or hard copy invoices. Invoices are due on receipt and payment
must be received in full before the pages are placed on the World Wide
Web. Accounts that remain unpaid thirty (30) days after the date of
invoice will be assessed a service charge in the amount of one and
one-half percent (1.5%) per month of the total amount due.
DESIGN NOTICE - All web sites designed, created and/or
maintained by Spiker Graphics shall have a link to the Spiker Graphics web
site (www.Spikergraphics.com) with notice indicating that the site was
designed, created and/or maintained by Spiker Graphics.
DEFAULT - Accounts unpaid thirty (30) days after the date
of invoice will be considered in default. If the Client in default
maintains any information or files on web space controlled by Spiker
Graphics, Spiker Graphics will, at its discretion, remove all such
material from its web space. Removal of such material does not relieve
the Client of its obligation to pay any outstanding charges assessed to
the Client's account. Checks returned for insufficient funds are
assessed a return charge of $25 and the account is immediately
considered to be in default until full payment is received. Clients with
accounts in default agree to pay Spiker Graphics reasonable expenses,
including attorney fees and costs for collection by third-party
agencies, incurred by Spiker Graphics in enforcing these Terms and
Conditions.
TERMINATION - Termination of
services by the Client must be requested in a written notice and will be
effective on receipt of such notice. E-mail or telephone requests for
termination of services will not be honored. The customer will be
invoiced for authoring work completed to the date of first notice of
termination for payment in full within 30 days.
LEGAL RESTRICTIONS - Spiker Graphic's services may be used
for lawful purposes only. Submission, transmission, or maintenance of
any information or materials in violation of any U.S. or state
regulations is prohibited. This includes, but is not limited to,
material legally judged to be threatening or obscene. Spiker Graphics
reserves the right to refuse service to the Client without providing
reason or cause.
COPYRIGHT - Client retains the copyright to data, files
and graphic logos provided by the Client, and grants Spiker Graphics the
rights to publish and use such material. Custom artwork and graphic
logos designed by Spiker Graphics for use in the Client's Web Site
will remain the property of Spiker Graphics; at its discretion, Spiker
Graphics will grant the Client rights to use such material in formats
other than the Web format. The Client must obtain permission and rights
to use any information or files that are copyrighted by a third party;
the Client is further responsible for granting Spiker Graphics permission
and rights for use of the same.
INDEMNITY - The Client agrees to indemnify and hold
harmless Spiker Graphics from any and all claims resulting from the
Client's use of Spiker Graphics services which cause damage to the Client
or a third party.
DISCLAIMER - Spiker Graphics makes
no warranties of any kind, whether express or implied, for the services
it provides. Spiker Graphics also disclaims any warranty of
merchantability or fitness for a particular purpose. Spiker Graphics will
not be responsible for any direct, indirect or consequential damages
which may result from the use of its services including loss of data
resulting from delays, non-delivery or interruption in service.
GENERAL - These Terms and Conditions supersede all
previous representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of any order
submitted. Spiker Graphics reserves the right to change, at any time, the
terms and conditions of the acceptance of orders for authoring and
placement of Client's Web site pages. The Client's signature below
constitutes agreement to and acceptance of these Terms and Conditions.
I have read and understood the Terms and Conditions for Services
provided by Spiker Graphics, and agree to abide by them.
Authorized Signature:_____________________________ Title:______________
Company Name:_______________________________ Date:_______________
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