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Terms
LampApps.com agrees to furnish web development services to the "Client," subject to the following Terms of Service (TOS).
Use of LampApps.com Services constitutes acceptance and agreement to both LampApps.com Web Development Terms of Service (TOS) and LampApps.com Hosting TOS/AUP (Terms of Service / Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of LampApps.com. Client understands that changes to the TOS and / or the AUP by LampApps.com shall not be grounds for early contract termination or non-payment by the Client.
Authorization
The named client is engaging LampApps.com, as an independent contractor for the specific web development project of developing and/or improving a website, hereinafter referred to as "web development project" to be installed on the client's account provided by LampApps.com or on anther Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes LampApps.com to access this account, and authorizes the Hosting Service to provide LampApps.com with "full access" to the client's account, and any other programs needed for this web development project that are included as part of the client's service agreement/level.
Development
Developmenting a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. LampApps.com guarantee that the website we design for you will work in the following specific browsers and later versions available during development (no beta versions are supported) :
- Microsoft Internet Explorer versions 6.x and up
- Firefox 3.x and up
- Safari 3.x and up
While LampApps.com will make every effort, always, to development a fully functional website, our guarantee does not cover AOL, text-based browsers, or any requested special effect that we have advised you against.
Accessibility for People with Disabilities
LampApps.com standard is to meet as many as possible of the currently recommended guidelines for website development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our websites are available to all visitors.
Assignment of Web Development Project
LampApps.com reserves the right to assign subcontractors to this web development project to insure that the terms of this agreement are met as well as on-time completion.
Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to LampApps.com for inclusion in the web development project are owned 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 LampApps.com and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Website Maintenance
For websites hosted with LampApps.com: This agreement allows for minor website maintenance to pages up to an average of one half hour per regular website per month, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, repairing attempted updates by clients, or web development projects delivered to the client via diskette. If the client's web development package includes database access using programming languages, then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates.
For websites not hosted with LampApps.com: This agreement allows for
minor website maintenance to pages over a 1-month period, up to an
average of one half hour per regular website, including updating lines
and making minor changes to a sentence or paragraph. It does not
include updating replacing nearly all the text from a page with new
text, major page reconstruction, new pages, guest books, discussion
webs, navigation structure changes, repairing attempted updates by client,
or web development projects delivered to the client via diskette. The period
of 1 months begins on the date the clients web development site has been
published to client's hosting service. If the client's web development
package includes database access using programming languages, then very
minor page code changes will be accepted under this maintenance plan,
major page code and/or database structural changes will be charged at
current hourly rates.
Completion Date
LampApps.com and the client must work together to complete the web development project in a timely manner. We agree to work expeditiously to complete the web development project no later than the verbal amount of days or as specified in your Project Proposal after the client has submitted all necessary materials. If a schedule must be extended beyond the original agreement, the party requesting the extension will inform the other party within 5 days.
Project Delivery
The website development project will be published to the client's hosting service upon receipt of the second payment or delivered via diskette upon receipt of full payment. The client understands that LampApps.com provides hosting services in connection with this web development project. The client agrees to select a hosting service. If the client chooses a LampApps.com Hosting Service, the client agrees to the LampApps.com hosting terms of service. The Hosting service needs to allows LampApps.com full access to the client's account via FTP. The client will be solely responsible for all hosting service charges.
Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend LampApps.com and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
Web Development Project Copyright:
Template Sites:
The client will be assigned rights to use the web development project as a website, once final payment under this agreement and any additional charges incurred have been paid. 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. LampApps.com and its subcontractors retain the right to display graphics and other web development elements as examples of their work in their respective portfolios. All web development projects will contain a copyright/legal page with a link to LampApps.com website.
Custom Sites:
Copyright to source code and computer programs which are specifically not transferred to the client remain the property of their respective owners. LampApps.com and its subcontractors retain the right to display graphics and other web development elements as examples of their work in their respective portfolios. All web development projects will contain a copyright/legal page with a link to LampApps.com website.
Payments
Payments must be made promptly based on the schedule below. Delinquent bills will be assessed a $15 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 10% penalty will be added for each month of delinquency. Bounced checks are subject to a service charge of $75.00 for each bounced check. LampApps.com reserves the right to remove any web development project 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. This agreement becomes effective upon starting any webdesign/development projects. Any dispute will be litigated or arbitrated in Dorchestor County, SC. Please pay on time. All payments will be made in US funds.
Limitation of Liability, Indemnification
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- Upon the discovery of facts which reasonably indicate that LampApps.com has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Client shall promptly notify LampApps.com of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Client must commence any legal action against LampApps.com with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to LampApps.com as requested by Client anytime during the twelve (12) month period following such notification, LampApps.com shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Client for all incidents, problems, and/or failures up to a maximum of all sums paid to LampApps.com for service fees. Payment will be made via check from LampApps.com. The remedies set forth in this paragraph are Client's sole and exclusive remedies should LampApps.com breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
- The parties acknowledge and agree that LampApps.com shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Client, Client's Client or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
- LampApps.com is not responsible for data or content maintained and distributed by LampApps.com facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. LampApps.com DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LampApps.com DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all LampApps.com services and facilities at your own risk. LampApps.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall LampApps.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold LampApps.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LampApps.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LampApps.com against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with LampApps.com's server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from LampApps.com's server.
LampApps.com shall be the sole judge of what violates this Policy.
LampApps.com is only responsible to the present owner of the subscribed service. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information.
The foregoing indemnification obligation shall survive any termination of LampApps.com provided to the Client.
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