You are engaging Art with Alex, LLC DBA Mountain Cane Media as an independent contractor to perform work as described in the proposal. In the event access to your website is necessary, you hereby authorize the contractor access and “write permissions” to all directories and files of your account with any other third-party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
Our ability to do your project depends on you giving us everything we need to complete the project in the format that we need it, and when we need it. You’ll review our work and provide feedback and approval in a timely manner too, but we recognize that creativity does not follow a schedule, so time is not of the essence in the contract.
AMENDMENTS TO OUR WORK
We provide three (3) rounds of amendments to our work at no extra charge, as long as the changes requested do not substantially alter the original project scope, nature or purpose; and as long as you have not already given us your final approval for the piece of work concerned. Any other kinds of amendments are considered a change in the project scope.
AN EXPLANATION OF OUR WORK
We’re not responsible for writing any text copy. If you’d like us to write new content for you, we can provide a separate estimate for that. We will, however, input text that has been created by you verbatim as it is given to us.
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
You will be responsible for providing the domain information and granting us access to the registrar. Please provide us with login and password information.
You are responsible for your own hosting account and for granting us access. Please provide us with the login and password information.
We will ensure our design is responsive to different devices such as the desktop, tablet, and mobile views.
We will input a basic best practice SEO build. We have not optimized your website to be ADA, WCAG 2.1 & Section 508 Compliant. This will incur a separate quotation.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We can’t guarantee that our work will function with all browsers across the market or with browsers and versions developed in the future.
30 days of Support Questions
After the build is complete and any pending invoices have been paid, the contract is completed. We will, however, allow you to email us with questions free of charge for 30 days about using areas of the site or if something is not properly working from the work we have done on your design. Please note, Mountain Cane Media is not responsible for any problems that arise during this 30 day support time period and beyond if changes have been made to the site by you. If you require any help beyond this support period, or if you have implemented changes and something is not working correctly, we will quote you an estimate to work on your site again.
Upon completion of website development projects, we will turn over our work product, including any necessary files, and You will be responsible for their safekeeping. We are not required to keep copies after the completion of our contract.
Along with your website, we’ll include a copy of The Website Owner’s Manual which will help you keep track of all the important details about your website; including logins, hosting setup, DNS records, routine maintenance, & answers to our most frequently asked questions to help you have continued success with your website.
You grant us a royalty-free and permanent license to use representations of the designs and tag lines in our portfolio (in all types of media), as a sample of our past works, in trade publications, educational material, to promote ourselves, and for competitions.
We may purchase or license from third-party vendors materials used in your project (including source code, work-up files, software programs, photographs, illustrations etc.). Where we license such material, the intellectual property rights in the licensed material remain the property of the third-party vendors. Any third-party licenses Mountain Cane Media purchases to complete your project will be kept valid and active one year from your contract date to which you will need to obtain licensing thereafter.
ERRORS AND OMISSIONS
We will use our best efforts to prevent errors and omissions from occurring in web page information. If such errors or omissions occur, please notify us, and we will correct them for free, and that will be the limit of our responsibility and liability.
“Confidential Information” means information that is marked as secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.
In the course of this project, we may receive from you (and you from us) Confidential Information. If either you or us receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organization or entity (unless absolutely necessary).
However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.
LIMITS ON LIABILITY
While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.
We provide the deliverables to you on an as-is basis, and we make no promise or guarantee that they will be fit for, or achieve, any particular purpose.
We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period. In regards to your website, should interruption or failure occur, we are not responsible for your site rebuild.
We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.
Specifically, we will not be responsible or liable to you for damages or loss caused by:
– your use of the designs and deliverables in ways that are not covered by the licenses we grant to you;
-a backup that has been corrupted over storage time and errors upon restoration, relinquishing us from any liability if your site is to break or cannot be restored,
– anything done by us on your instructions, or using material you provided to us;
– any breach of these terms and conditions by you;
– any legal, governmental, contractual or other approvals that were required but which you did not obtain,
and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions.
Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service, or death).
NO TRANSFER OF THIS CONTRACT
You cannot transfer, assign or novate this contract, the licenses given under or in connection with it, or any other parts of this contract to anyone else without our advance permission in writing, which we may choose to give subject to additional conditions.
We cannot transfer, assign or novate this contract without your advance permission in writing, except to a company or business in which we or our ultimate owners have a majority ownership interest.
OTHER GENERAL LEGAL STUFF
We are an independent contractor and not your employee, and thus, any laws by which ownership of copyright in works created by an employee is automatically transferred to the employer do not apply (the work-for-hire principle under US copyright law), or other laws anywhere in the world). After you have paid for the material in full and the material is in its live published form, the copyright will transfer to you. If you edit the material, you will make no attribution to Mountain Cane Media.
We will use our own equipment, tools, and materials to do the work. We are responsible for determining when, where, and how to carry out the work. You will not control how the job is performed on a day-to-day basis. We will not enter into contracts, make promises, or act on your behalf. We are not entitled to benefits, group insurance, retirement plans, or vacation days. We are responsible for our own taxes. You will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for Mountain Cane Media or any of our employees.
This contract and all matters arising from it are governed by United States law.
The courts of Roanoke, Virginia are the most appropriate and convenient courts to settle any dispute connected with this contract (including a dispute regarding the validity, existence or termination of the contract), and the courts of Roanoke, Virginia have exclusive jurisdiction to settle any dispute arising from or connected with this contract.
Mountain Cane Media may amend these terms and conditions at any time without prior notice.
If for some reason part of this contract becomes unenforceable or invalid, the remaining parts will be unaffected.
A failure or delay by either party in exercising any right or benefit under this contract does not amount to a waiver of that right or benefit.
This contract will bind the parties’ respective legal personal representatives, successors and permitted assigns.
By signing this contract or by expressing your confirmation in writing (on paper or in electronic form), you agree to all the terms and conditions of this contract, which is effective from the date of your first payment submission. If on a payment plan, payments will recur automatically each month on the day of your first payment submission until paid in full.
No refunds on work delivered.
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