Web Design/Development Terms of Service

Barbara Lindahl-Christensen, also known as “Bija” or “the Company”, agrees to furnish services to the "Subscriber," subject to the following Web Design Terms of Service (WDTOS).

Use of Web Editors Services constitutes acceptance and agreement to both Bija's Web Design Terms of Service (WDTOS) and Bija’s AUP (Acceptable Use Policy). The WDTOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the WDTOS and / or the AUP by Web Editors shall not be grounds for early contract termination or non-payment by the Subscriber.


:· Adherence to Acceptable Use Policy (AUP):

1. Subscriber agrees not to allow Bija’s equipment and services to be used for activities specifically prohibited by the Bija Acceptable Use Policy (AUP). It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates. Subscribers must not allow Bija’s resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
2. Subscriber agrees to compensate Bija’s for any expenses Bija may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 per hour during normal business hours. Emergency investigations are charged double-time at $198 / hour with a one hour minimum.
3. Subscriber is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Web Editors will endeavor to assist Subscriber but Web Editors is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's server.
4. Web Editors does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.

Bija does not issue refunds for terminating service due to suspected AUP violations.


:· Term:
Binding until web design project is complete and web design is no longer in use.

 

:· Authorization:
The named client is engaging Bija, as an independent contractor for the specific web design project of developing and/or improving a website, hereinafter referred to as "web design project" to be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes Bija to access this account, and authorizes the Hosting Service to provide Bija’ with "full access" to the client's account, and any other programs needed for this web design project that are included as part of the client's service agreement/level. The client also authorizes Bija to submit the completed web design project to major Web Search Engines if that service is purchased.



:· Development:
Designing 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. Bija guarantee that the website we design for you will work in:

• Microsoft Internet Explorer versions 4 and up

If the client requires the implementation of DHTML then Bija guarantee that the website we design for you will work in:

• Microsoft Internet Explorer versions 4 and up
• Netscape version 7 and up (Lower versions are currently depreciated)

While Bija will make every effort, always, to design 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 Bija 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 design project:
Bija reserves the right to assign subcontractors to this web design 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 Bija for inclusion in the web design 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 Bija and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

:· Website Maintenance:
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, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 months begins on the date the clients web design site has been published to client's hosting service. If the client's web design 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:
Bija and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design 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 the client does not supply Bija with complete text and graphic content for this web design project within 45 days of the date, the entire amount becomes due and payable. If the client still has not submitted all the required contents within 60 days, an additional continuation fee of 15% of the total agreed price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.

:· Project Delivery:
The website design 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 Bija can provide hosting services in connection with this web design project. The client agrees to select a hosting service. If the client chooses our Hosting Service, the client agrees to the Web Editors hosting terms of service. The Hosting service needs to allow Bija 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 Bija and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.

:· Web Design Project Copyright:

Template Sites:

Bija owns copyright to the finished web design site produced by Bija. The client will be assigned rights to use the web design 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. Bija and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a copyright/legal page with a link to the specified Bija 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. Bija and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a copyright/legal page with a link to the specified Bija website.

:· Payments:
Payments must be made promptly based on the schedule. 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. Bija reserves the right to remove any web design 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 Salt Lake City, Utah, USA. Please pay on time. All payments will be made in US funds.

:· Project Proposal:
Each Web design may come with a project proposal since each website designed by Bija is unique. Each Project Proposal may contain a Purpose, Description of Services (whether it is a re-design, template design, or custom design, programming etc.), Delivery Date, Estimated Time of Completion, Conclusion, and Cost of the Web Design Project. your project proposal may be delevered to you by electronic mail, or by regular mail. If Project Proposal is presented, it must be signed and returned to Web Editors. Please speak with your Web Editors Representative for delivery instructions of your Project Proposal if presented with one. Project Proposals are normally made for projects over $2,500.00.

:· Limitation of Liability, Indemnification:

1. Upon the discovery of facts which reasonably indicate that Bija has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify Bija 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. Subscriber must commence any legal action against Bija 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 Bija as requested by Subscriber anytime during the twelve (12) month period following such notification, Bija 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 Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to Bija for service fees. Payment will be made via company check from Bija. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should Bija breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
2. The parties acknowledge and agree that Bija shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber 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.
3. Bija is not responsible for data or content maintained and distributed by Bija facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. Web Editors 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. Bija 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 Bija services and facilities at your own risk. Bija specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Web Editors 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 Bija harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Bija, 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 Bija against liabilities arising out of;

1. any injury to person or property caused by any products sold or otherwise distributed in connection with Bija’s server;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from Bija’s server.

Bija shall be the sole judge of what violates this Policy.

Bija is only responsible to the present owner Bija 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.