Puamana Enterprises dba:
Puamana Web Design
TERMS:
Payment and Billing:
A
minimum deposit of one half (or 50%) of the total proposed web
design and development costs are due with proposal acceptance.
The balance will be billed to customer and payment will be
due immediately upon project completion. If Puamana Web Design
cannot complete the contracted project as outlined by the
scheduled completion date set forth in the agreement due to insufficient
or untimely receipt of information
needed from the Client, Puamana Web Design will bill the customer
for the balance due on the proposed completion date. That payment
will be due and payable by customer to Puamana Enterprises
upon receipt of said billing. Additional work after completion
date billing will be charged on a “per hour” or “per
item” basis, whichever is less. If there are changes in the requirements or
scope of this project, or changes or additions made by the
Client during
the project
term, Puamana Web Design reserves the right to create an
additional proposal based on Client’s additions, and to bill for
the requested additional services. Services that are requested,
contracted for, and completed but not included in the final
design project, are billable on a “per hour” or
per “item basis”, whichever is less.
If the project is cancelled or postponed prior
to completion, the package pricing in the proposal will be
null and void
and the customer will be obligated to Puamana Web Design
for all
work completed up through the cancellation date, and will
be billed for this work on a “per hour” or “per
item” basis,
whichever is less.
Client is responsible for all additional Internet or web
site costs or services not indicated or included in their
proposal (such as, but not limited to, domain name registration
costs
associated with domain registrars and all setup and monthly
fees with selected ISP/Hosts or third party credit card processors).
Puamana Enterprises strives to satisfy all
of our Clients' needs and requirements to the best of our
abilities. Should
fulfillment of Clients' requests require sub-contracting
of third parties with additional and necessary expertise,
the Client will be responsible for additional fees and charges
incurred in hiring of such outside contractors.
Puamana
Web Design will submit an addendum to the original proposal
for Client approval, before any outside contractor is
retained. Client agrees to pay reasonable attorney
fees and any other reasonable fees required to enforce all
terms and conditions
of this contract. In addition, Customer agrees to reimburse
Puamana Web Design for any additional expenses incurred as
a result of collecting on delinquent payments or enforcing
the payment terms of this contract. Client acknowledges
and agrees that Puamana Web Design can suspend, hold up publication
or remove published web pages if Puamana Enterprises has
not
received payment of all charges and fees for services rendered
within 30 days of completion of the Client’s project.
This may be waived if equitable payment arrangements have
been made and adhered to.
Any proposal submitted by Puamana Enterprises
shall expire 30 days from the date of submission, unless
approved and accepted by the Client. Re-activation
of expired proposals will occur at the sole discretion of
Puamana Web Design. Copyright and Privacy:
Copyright for the design layout, as well as all images and
code created by Puamana Web Design for the website(s) shall
become the sole property of the client once the total balance
of all design services charges are paid to Puamana Web Design.
Client grants Puamana Web Design the right
to reference their company and web site as a client with
a reciprocal links
between Client website(s) and Puamana Web Design’s website. Client
also guarantees Puamana Web Design limited rights of copyright
necessary to reproduce and display Client’s completed
web pages electronically via the World Wide Web or as demonstrations
and examples of our design and programming portfolio.
All content provided by Client to Puamana
Web Design for placement on Client’s website, (including
icons, logos, copy, programs or code) remains the sole property
of the Client. Client hereby
agrees to grant Puamana Web Design limited rights of copyright
for the sole purpose of its use in the design and development
process, and the right to transmit any necessary content
to its development partners, offsite, who shall also be bound
by these stipulations.
Puamana Web Design complies with and practices good Internet
etiquette (Netiquette). Puamana Web Design will not transfer,
share, divulge, post, transmit, print or relay any information
provided by the Client, which is of a proprietary, personal
and/or confidential nature, unless the Client communicates
a request for such action, in writing. (For the purposes
of this contract, Electronic Mail constitutes written communication.)
Client Responsibilities:
Client is responsible
for protecting Client’s password(s)
and for any authorized or unauthorized use made of Client’s
password. Client will not use or permit anyone to use Puamana
Web Design's service to guess passwords or to access other
systems or networks without authorization. Puamana Web Design
will fully cooperate with law enforcement authorities in the
detection and prosecution of any illegal activity.
Client also warrants and represents that icons,
company names, and other information which you prescribe
to be placed on
your web site will not (i) violate any international, federal,
state
or local law or regulations; (ii) in any way violate or infringe
upon any party’s privacy right, right of publicity,
or any other right of any person or entity; (iii) contain
any
material which is unlawful, harmful, abusive, hateful, obscene,
threatening, libelous or defamatory.
Puamana Web Design will not post any material
that is illegal, libelous, tortuous, or likely to result
in retaliation against
Puamana Web Design by offended users. Client hereby indemnifies
Puamana Web Design, holding Puamana Web Design harmless from
any damage to Puamana Web Design's business, service, equipment,
network, operations, servers, or reputation resulting from
Client’s actions, (including but not limited to any
government actions, acts of vandalism or other retaliation,
and any claims
of libel, unfair competition, infringement of any patent,
copyright, trademark, service mark, or other intellectual
property right,
violation of privacy, or other tort).
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Identifying "Spoofed" Websites - By Vince Barnes 
