Terms of Service

Agreement for Web Design Services and/or Photography Services Sunny Valley Creations

    This Agreement is made by and between Sunny Valley Creations, of 232 Main Street, Colebrook, NH 03576 (“SVC”) and client is made effective as of the date of first payment to Sunny Valley Creations.
(“Client”).  The terms and conditions of this contract shall be binding only after all parties have paid for services, with the effective date being the date of the first payment.

    Wherefore, Client hereby engages SVC to perform the following services:

A.    Services as described and agreed to in “Exhibit A” (Web Design), attached hereto, and incorporated herein or
B.    Services as described and agreed to in “Exhibit B”(Photography), attached hereto and incorporated herein.

 “Exhibit A” Web Design
    NOW WHEREFORE, for and in consideration of the mutual promises set forth below, SVC agrees to undertake Web design and/or graphic design, as more particularly described herein, and Client agrees to pay SVC in accordance with the following provisions:

Specifications of Project

1.    Client hereby engages SVC to develop and design a web site consisting of items listed and consented to by given estimate.

2.    Client will select and own registered domain name.  
Client understands that SVC cannot guarantee that the selected domain names will be available and Client further understands that Client may have to make additional selections.
3.    Client understands and accepts that SVC utilizes third party hosting services for the Web Sites that SVC designs, and that SVC will not be liable for any actions of a third party hosting site.
                  
4.    Search Engine Optimization (SEO)

Client understands and accepts that SVC cannot and does not guarantee that the Client’s Web Site will be at the top of the search list.  

If Client wants to optimize (SEO) searches for Client’s Web Site, such optimization will be an additional charge.

By agreeing to these terms, Client is expressly requesting that Client’s web site be optimized (SEO) and expressly authorizes SVC to engage a third party company to optimize the Client’s web site, and Client expressly agrees to pay for all charges and costs, associated therewith.

5.    SVC shall retain all control over the development and design of the web site and will provide Client with options to choose from.  Essentially, Client will tell SVC what Client wants, not how to get it done.

6.    Any pictures submitted to SVC for the use in the project shall be subject to modification and changes to the satisfaction of SVC.

Furthermore, any pictures taken or produces by SVC shall not be used without SVC’s express written permission.

7.    Client specifically agrees that SVC shall be entitled to place her advertisement at the bottom of Client’s Web pages, at no cost to SVC.

Terms of Payment

1.    The hosting cost is submitted by estimate for a year must be paid by Client at the execution of this contract if requested by Exhibit A. This fee is unconditionally non-refundable.

2.    The Client, at the execution of this contract, must pay a minimum payment of 50%, of the estimated cost of the project.  This payment is unconditionally non-refundable.

3.    If Client has requested that the Web Site be optimized (SEO), that fee must be paid prior to SVC engaging an optimization company.

4.    SVC shall charge Client for all work at an hourly rate of $30.00.  This hourly rate does not include any costs.  Costs for faxes, frames, long distant phone calls, copy costs, travel, and third party service fees, and other fees will be charged separately and Client shall be solely responsible for these costs and agrees to pay these costs within ten (10) days of any invoice date, for such costs.

5.    SVC will accept the following forms of payment, upon the following conditions:

a.    Cash; or
b.    Bank Check; or
c.    Cashiers’ Check; or
d.    Money Order; or
e.    PayPal; or
f.    Personal Check, provided that SVC shall not commence work until the personal Check has cleared, nor shall marketing of the Web Site commence until final payment has cleared.

All Forms of Payment shall be payable to “Sunny Valley Creations.”

Copyright/Ownership of Work

The Web Site and all material shall remain and be considered the property of SVC until SVC has been paid in full and client has executed a waiver (Exhibit C).

Warranties/Representations

1.    Client warrants and represents to SVC that Client owns or has the right to utilize all text, graphics, photos and/or designs submitted to SVC, and hereby agrees to indemnify and hold SVC harmless from any dispute or lawsuit alleging copyright infringement, trademark infringement, patent infringement, or from any other type of lawsuit or disagreement resulting from the use or inclusion of material or ideas that SVC receives from Client.

2.    Client warrants and represents that the web site will not be used for unethical purposes, including, but not limited to, violating personal or corporate privacy, the spreading of PC viruses, or the distribution of harmful or harassing material, or for the purpose of conducting illegal activities or advocating illegal activities.

3.    Client warrants and represents that the web site will not be contain any pornography, obscenity, or nudity of any kind.


Default

In the event, Client defaults on any portion of this contract, all sums paid to SVC shall be deemed non-refundable.  However, in no event shall this paragraph prohibit SVC from pursuing or seeking, any and all legal or equitable remedies or recourse that SVC may have against Client.

Limited Liability

1.    Client shall hold SVC harmless from any liability that may be incurred by Client from damage claims resulting from domain names given to SVC, listed online, offline, on directories, memberships or other directories or lists listing Client’s domain name.

2.    Under no circumstances shall SVC be liable, directly or indirectly, for Client’s inability to use a domain name or web site.

3.    SVC shall not be liable for any decisions or actions taken by any of the third party web sites.    Client expressly acknowledges that third party sites are independent and not under the supervision or control of SVC, and are in no manner agents or employees of SVC.

4.    SVC shall not be held liable for any delay in commencing work if such delay is caused by circumstances SVC has little or no control over.


Right to Assign and/or Subcontract.

SVC reserves the right to assign this contract and/or subcontract any of the proposed work, at any time.

Release of Password and Host Account.

Once SVC has been paid in full and client has executed the waiver (Exhibit C) SVC shall release the Password and Host Account to Client.

Correspondence/Notices

All correspondence and notices shall be sent to the last known address of the parties and presumed received unless the intended recipient provided the sender, in writing, of a new address to direct correspondence to, prior to a notice or other written correspondence being sent.

Late Fees

All invoices tendered by SVC to Client, shall be paid in full within ten days of their due date.  All invoices that have been sent to Client and not paid within ten (10) days shall begin to accrue interest at an annual percentage rate of eighteen (18%) on any amount outstanding.  Said interest shall be added to the principal and interest shall accrue thereon.  Invoices shall be deemed paid when said invoiced amount is received by SVC in hand and clears.

Merger Clause

This agreement contains the entire agreement of the parties with respect to the subject matter hereof.  All prior statements and understanding related hereto are hereby merged herein.

Amendment/Waiver/Change Order

Changes to this contract shall only be made effective if they are in writing and signed by both parties to be charged.

Governing Law

This agreement shall be constructed according to and by New Hampshire Law.

Severability

Any provision set forth in this Contract that is contrary to the Laws of the State of New Hampshire, shall be treated by SVC and Client as void and as if it were not set forth herein, but all other provisions of the contract shall remain in full force and effect.

Attorney Fees

In the Event, SVC brings suit or any other type of action, including, but not limited to, arbitration, to collect any unpaid amount or to enforce any provision of this agreement, Client shall pay SVC all reasonable attorney’s fees and costs.

 
“Exhibit B” Photography

NOW WHEREFORE, for and in consideration of the mutual promises set forth below, SVC agrees to undertake photography services, as more particularly described herein, and Client agrees to pay SVC in accordance with the following provisions:

Specifications of Photography Services:

1.    Client hereby engages SVC to take photographs of what is listed and confirmed in a signed estimate of the project.

Terms of Payment

1    SVC shall charge Client for all work at an hourly rate of $30.00.  This hourly rate does not include any costs.  Costs for faxes, frames, long distant phone calls, copy costs, travel and other fees will be charged separately and Client shall be solely responsible for these costs and agrees to pay these costs within ten (10) days of any invoice date, for such costs.

2    SVC will accept the following forms of payment, upon the following conditions:

a.    Cash; or
b.    Bank Check; or
c.    Cashiers’ Check; or
d.    Money Order; or
e.    Personal Check, provided that SVC shall not commence work until the personal Check has cleared, nor shall marketing of the Web Site commence until final payment has cleared.

All Forms of Payment shall be payable to “Sunny Valley Creations.”

Copyright/Ownership of Work

The photographs shall remain and be considered the property of SVC until SVC has been paid in full and client has executed a waiver (Exhibit C).

Furthermore, any pictures taken or produced by SVC shall not be used without SVC’s express written permission.

Default

In the event, Client defaults on any portion of this contract, all sums paid to SVC shall be deemed non-refundable.  However, in no event shall this paragraph prohibit SVC from pursuing or seeking, any and all legal or equitable remedies or recourse that SVC may have against Client.

Correspondence/Notices

All correspondence and notices shall be sent to the last known address of the parties and presumed received unless the intended recipient provided the sender, in writing, of a new address to direct correspondence to, prior to a notice or other written correspondence being sent.

Late Fees

All invoices tendered by SVC to Client, shall be paid in full within ten days of their due date.  All invoices that have been sent to Client and not paid within ten (10) days shall begin to accrue interest at an annual percentage rate of eighteen (18%) on any amount outstanding.  Said interest shall be added to the principal and interest shall accrue thereon.  Invoices shall be deemed paid when said invoiced amount is received by SVC in hand and clears.

Merger Clause

This agreement contains the entire agreement of the parties with respect to the subject matter hereof.  All prior statements and understanding related hereto are hereby merged herein.

Amendment/Waiver/Change Order

Changes to this contract shall only be made effective if they are in writing and signed by both parties to be charged.

Governing Law

This agreement shall be constructed according to and by New Hampshire Law.

Severability

Any provision set forth in this Contract that is contrary to the Laws of the State of New Hampshire, shall be treated by SVC and Client as void and as if it were not set forth herein, but all other provisions of the contract shall remain in full force and effect.

Attorney Fees

1.    In the Event, SVC brings suit or any other type of action, including, but not limited to, arbitration, to collect any unpaid amount or to enforce any provision of this agreement, Client shall pay SVC all reasonable attorney’s fees and costs.

 “Exhibit C” Waiver
    Client hereby acknowledges that it has received the services and/or product(s) that it contracted with SVC for and to produce and that Client is satisfied with the results of both.  

    Further, Client hereby agrees to hold SVC harmless and indemnify SVC from any and all damages or liability that result from any future changes that are made to the web site or pictures, if said changes are not made by SVC.

Category: