Website Design Terms of Service

       
             
     

 

As a customer of Tavaj Graphics, you agree to abide by the following terms and conditions:

   This contract becomes binding upon Client's rendering payment of 50% of the total amount due for website design services.

   This agreement constitutes the entire agreement between Tavaj Graphics and Client (Client). In making this agreement each party confirms that he has not relied on any inducement not recorded in this agreement.

 Advertisements

  Tavaj Graphics will never require Client to advertise for Tavaj Graphics on Client's website in any way shape or form.  However, a small textbox displaying "designed by Tavaj Graphics" at the extreme bottom of each page will be included on the design to be removed at Client's request. 

 Copyright and Content

   All services provided by Tavaj Graphics may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to, copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue.  Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials supplied to Tavaj Graphics for inclusion on Client's web site. Client shall indemnify Tavaj Graphics against any costs whatsoever in connection with the ownership of copyright or reproduction rights. Client shall have full liability for the consequences of the contents of his site as long as the site reflects Client's instructions to Tavaj Graphics.

Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to any server on the Internet. Links to such materials are also prohibited. Tavaj Graphics will be the sole authority as to what constitutes a violation of this provision.

Examples of non-acceptable content or links

• Pirated software

• Hackers programs or archives

• Warez Sites

• Porn

• Spamming Software

   Client's logos, artwork, graphics and photographs remain the copyright of Client. Design, graphics and programming produced by Tavaj Graphics remain the intellectual property of Tavaj Graphics unless otherwise agreed. Copyright of any CGI or javascripts within the website will remain the property of Tavaj Graphics for the duration of the website's existence and shall not be modified or reused without the express permission of Tavaj Graphics.

   All domain names are registered in Client's name and not that of Tavaj Graphics.

  Tavaj Graphics withholds the right to refuse publication on the web of any content which it perceives as indecent, obscene or offensive towards others.

 Design of Website

  Tavaj Graphics will produce and publish temporarily at a website location of Tavaj Graphics'  discretion a design proof for Client's approval. The design copyright of the proof shall remain the sole property of Tavaj Graphics. Use of the design in any respect without the express written permission of Tavaj Graphics will constitute breach of copyright.

  Tavaj Graphics will complete the design and build of Client's website after receiving written confirmation that the design proof is satisfactory.

  Tavaj Graphics will release website code and graphics when payment of the final invoice for the outstanding quotation value is received in full.

  Once Tavaj Graphics has received written confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.

 Hosting

  Tavaj Graphics does not provide website hosting.  Client must provide a preference for website hosting on the Order Form or at some time prior to website design completion. 

  Tavaj Graphics can provide recommendations for providers of website hosting; however, Client shall hold Tavaj Graphics harmless from any and all problems that may arise as a result of the providers' services. 

  If Client selects one of Tavaj Graphics' partners as listed in the order form, the cost of website hosting will be included in the price of the website design and will entitle Client to web hosting for one year.  Tavaj Graphics will setup the web hosting service on your behalf.  Otherwise, the cost and setup of web hosting is the sole responsibility of Client, and such cost will not be included in the website design fee.   Client may also elect to use a free web hosting company at his own risk.   

Templates

  Tavaj Graphics provides customized template layouts from which to choose for Client's website design; however, Client has the option of choosing from hundreds of templates provided separately through its Templates Division.  The cost of templates provided through the Templates Division are included in the web design package.

Invoicing, Payment and Tender Validity

   Unless otherwise advertised in specials, all websites designed by Tavaj Graphics are assessed a charge of $799.00 (US); however, additional charges apply if Client desires specialized services.  Such price includes unlimited web pages (without flash content), your own website name (i.e., www.YOURNAME.com), a navigation menu with up to seven (7) buttons (without drop-down items), two (2) forms, web hosting for one year , multiple email addresses, and basic search engine promotion. 

     Please note that the custom website name, one-year web hosting and multiple email addresses are all contingent upon client's selecting one of Tavaj Graphics' partners to host the site.  In addition, forms are available only if your web hosting provider supports PHP and MYSQL; all of our partners provide such support.

      Please see Specialized Services for a list of services available at additional cost.

   Payment for the services must (unless otherwise agreed with Tavaj Graphics) be made as follows: 50% in advance (the retainer fee) and final 50% after completion of the project but before uploading.  Design modifications requested after Client's approval of design proof will be assessed an extra charge of $150.

   Payment shall be made via PayPal invoice to Tavaj Graphics. PayPal accepts Visa, Mastercard, Discover, American Express, E-check, and PayPal.  However, as the need arises, we do accept money orders and cashier's checks.  Payments are due within 14 days of presentation of invoice.  In the event that any amount remains unpaid fourteen days after invoice date, Tavaj Graphics reserves the right to discontinue, withhold, or suspend services to Client.

   Once Client has entered into an agreement with Tavaj Graphics for website design services, a cancellation fee of 50% will apply if the contract is terminated through no fault of Tavaj Graphics.

   Client must submit website content within 30 days of the Service Agreement date.  Otherwise, Tavaj Graphics cannot be held liable for not presenting website design within the expected timeframe.  Upon receipt of content, Tavaj Graphics will submit first design proof within 14 days.

   The final invoice will be issued when work has been completed on Client's website design. Website code and graphics will not be released to Client until payment is received in full.  Any further modifications to the website will be chargeable under separate terms per the Maintenance and Other Fees section.

 Maintenance and Other Fees

   Any textual changes to existing pages requested within the first 7 days of website upload shall be granted free of charge.  After the first 7 days, Client will be assessed a charge of $25 per hour for textual changes (minimum fee of $25).

  If Client desires additional pages after final payment is rendered and website design is uploaded to Client's web address, a charge of $50 per additional page will be assessed.

 Specialized Services

  The website design cost includes two forms.  If Client desires additional forms, a charge of $75 per form will be assessed.  

  Flash intros and any other feature requiring flash are assessed a charge of $75 per unique item.More about Flash

  As a special touch of class, for only $25 display your logo in your visitors' address bar. 

 

  For only $150, add automated link management to your site.  The key to success for a web site is good search engine ranking. All of the major search engines use link popularity to determine how well a site will rank - so the more high quality, relevant links that lead to your site, the higher it will rank. Your link manager will make it easy to get the links you need by helping you establish hundreds of quality, relevant link exchanges.  With it, you can:

  • Climb to the top of the search engines

  • Gain quality links to your site today

  • Automate your link management

  • Attract thousands more targeted visitors to your site

  Other services are available upon request.

 Fraud

   Tavaj Graphics will not tolerate any attempts to obtain goods by fraudulent means. Any fraudulent action will be reported to the relevant authorities. Please note that Internet host IP addresses are recorded when placing an order online.

 Indemnification

   Client agrees that he shall defend, indemnify, save and hold Tavaj Graphics harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Tavaj Graphics, 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 Client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Tavaj Graphics against liabilities arising out of (1) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party and (2) copyright infringement.

 Disclaimer

  Tavaj Graphics will not be responsible for any damages your business may suffer. Tavaj Graphics makes no warranties of any kind, expressed or implied for services we provide. Tavaj Graphics disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Tavaj Graphics and its employees. Tavaj Graphics reserves the right to amend or update these policies without notice.

   Website and Logo Design: Every effort will be made to ensure your website or logo design is an original creation unique to your identity. However, Client must obtain his own legal advice regarding securing copyright and/or trademark protection and is responsible for ensuring that his website and/or logo design has the correct marks and does not infringe on anyone else's design or content. (e.g. the use of the copyright ©, trademark ™, or registered trademark ® marks).  Tavaj Graphics will add these marks to Client's website content or logo design upon Client's request. Further, because there are millions of website and logo designs in use in the world today and because it is not possible nor reasonable for Tavaj Graphics to be aware of any particular design in use, we cannot be held responsible for damages, whether civil or criminal resulting from any possible infringement from website or logo designs produced by Tavaj Graphics.

   Tavaj Graphics furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Tavaj Graphics wishes to emphasize that in accepting services, Client indemnifies Tavaj Graphics for the violation of any law or Tavaj Graphics policy that results in loss to Tavaj Graphics or the bringing of any claim against Tavaj Graphics. This means that if Tavaj Graphics is sued because of activities of Client that violate any law, or this policy, Client will pay any damages awarded against Tavaj Graphics, plus costs and reasonable attorney fees.

   Tavaj Graphics has the right to change its polices without notice.