Terms & Conditions

Terms and conditions / assumptions and contracts

The following assumptions have been made regarding your project, which will affect the proposals including but not limited to: cost estimates, product, production schedules, and project personnel.

    • The work will be done at the developer office, or another THEMAKEWEBSITE developer’s office.
    • There are no delays due to lack of space for technical resources and client functions to review documents, provide answers to questions and participate in meetings, training sessions and test operation. If the customer does not respond and does not provide feedback, THEMAKEWEBSITE reserves the right to terminate the project upon notice.
    • The production site will be considered complete when launching the site on the Internet and making it accessible for the world to see. The final payment must be paid before launching the website project.
    • “Change in scope of work” Item: The citation fee is only “estimated” based on our evaluation of the length of time this project will be implemented. We hold customers accountable for any additional work they may bring. Customer is responsible for making any additional payments required by Customer’s modifications and / or additions after Client’s approval (except THEMAKEWEBSITE error) and will be billed at a charge of $ 100 / hour.
    • In the event of cancellation of this project or any delay for more than one month in order to satisfy the THEMAKEWEBSITE request or the THEMAKEWEBSITE review / approval of evidence, THEMAKEWEBSITE shall have the right to terminate this agreement and make an invoice. More to you: (1) all work completed by the date of the written notice, including costs, at the rate of $ 100 per hour or other amount specified in this contract; or (2) an advance for this project. Any renewal of this project upon termination will require a new agreement, fee schedule and advance deposit. ”
      End. This Agreement may be terminated by either party giving notice in writing to the other if the other party has breached any of the material obligations provided below and the offending party fails to remedy the breach. within thirty (30) days of receipt of the notice. This Agreement may be terminated by THEMAKEWEBSITE (i) immediately if Customer does not pay any of the fees hereunder; or (ii) if Customer does not cooperate with the Company or interfere with the ability to perform the Services below in the sole discretion of THEMAKEWEBSITE.
    • Customer will retain all intellectual property rights of the source material (for example, design, code, copy, photograph) provided to THEMAKEWEBSITE for use in connection with this project; However, the content, design and other products created by the Consultant and such products and materials will remain the property and copyright of THEMAKEWEBSITE until all charges under this agreement have been fully paid.
    • It is the customer’s responsibility to verify and / or sign out of production and to test the site within 30 business days of THEMAKEWEBSITE’s announcement of completion.
    • Stock Photography: If requested by the customer, THEMAKEWEBSITE will provide research and photographic assistance to be used in the design of web sites or other web sites and marketing applications. Cost per photo starts at $ 30 or more depending on size and popularity. Additional photo credits will be billed at time and facilities.
    • Project Timeline: is the stage of development / actual design needed to complete the project. This timeline depends on the immediate feedback and merge on the client side of all product design and development. If feedback is delayed, the project duration can be significantly delayed.
    • THEMAKEWEBSITE can not guarantee or promise any position in search engines.
    • Customer will provide all web content when the homepage layout is approved. THEMAKEWEBSITE will fill any page on the site with “Lorem Ipsum” to display the page layout correctly until the content is actually set up. Text will be sent to THEMAKEWEBSITE in MS Word, Company logo as a .PSP file, or high resolution. JPG file if available as a .JPG file.
    • The client acknowledges that THEMAKEWEBSITE does not launch web pages on Friday or a few days before the holiday.
    • Customer acknowledges that THEMAKEWEBSITE will only fix any issues related to the bug after 90 days from the date of official release. If a customer makes any changes to their website code or hosts them on servers that are not THEMAKEWEBSITE-approved servers, resulting in site compromise and / or vulnerability, THEMAKEWEBSITE will not. Be responsible for correcting errors without receiving compensation for time and materials.
    • Web Design Contract Cancellation: A non-refundable deposit will be due at the time of signing the contract. Cancellation of any web design by any party will result in the refund to the customer of all fees paid out of the deposit minus the amount incurred during the development of the project. on the cancellation date. Cancellations for cancellation of web design will be processed and distributed within 15-30 business days of the cancellation.
    • If THEMAKEWEBSITE stops working, the files for bankruptcy protection, the object of the recipient’s assignment, or for any other reason, stop controlling THEMAKEWEBSITE before the work on this deal is complete. Work related products will be shipped immediately to the customer and the contract will be canceled immediately, without the support or payment.
    • In the event THEMAKEWEBSITE wishes to subcontract any work related to this Agreement, Customer must be informed of the subcontract prior to commencement of work and must approve subcontractors and subcontractors. You agree to be bound by the terms of this Agreement as completely as THEMAKEWEBSITE.
    • Indemnity: Customers must indemnify and hold harmless THEMAKEWEBSITE (and its subsidiaries, affiliates, officers, agents, co-authors or other partners and employees) from any claims, losses, liability, costs and expenses (including but not limited to reasonable attorney fees and all related costs and expenses) arising out of any claim, judgment or award by THEMAKEWEBSITE. For THEMAKEWEBSITE related to or arising from the work of THEMAKEWEBSITE.
    • Customer and THEMAKEWEBSITE agree to make a good faith effort to resolve any disagreement arising from, or in connection with, this Agreement through negotiation. If the parties do not resolve any disagreement within ten (10) days, any dispute or claim arising out of or in connection with this Agreement, including, but not limited to, likewise or in breach, by one of the two arbitrators at Suffolk County, New York and in accordance with the Arbitration Rules of the United States Arbitration Association. Arbitration shall be conducted by an arbitrator, (a) selected by decision of the Governor of the United States Arbitration Commission and (b) a lawyer with a certificate of at least ten (10) years of experience in law practice and at least five (5) years of experience in technology contract litigation or technology litigation. The arbitrator shall have the right to enter into any prize that a New York State Magistrate can sit without a jury, and only that authority, except for the arbitrator who is not capable of compensation. punitive damages, or any other non-compensatory damages, even if permitted under the laws of the State of New York or any other applicable law. The arbitrator must issue a decision resolving any dispute within thirty (30) days of the date of the dispute being heard. The arbitrator’s written decision is final and enforceable at any court of competent jurisdiction against the parties and the subject matter of the arbitrator. Notwithstanding the foregoing, this Section shall not prevent either party from seeking temporary, provisional, or legal relief from any court.
    • Read and understand: Each Party acknowledges that it has read and understood this Agreement and agrees to be bound by its terms and conditions.
    • Duly authorized representative: If this Agreement is enforceable, each Party shall ensure that its signatory representative appears on the signature pages which are all necessary and reasonable actions of the to implement this Agreement.

The term “confidential information” means:

  1. All information disclosed by THEMAKEWEBSITE orally, in writing, graphics, video, image, machine-readable, or any form related to or related to the Site, including, but not limited to business plans, financial statements, trade secrets, customer information, current or potential transactions with third parties, intellectual property rights, products, research and development, website functions, marketing, sales, pricing and trade secrets, whether or not such information is marked or labeled “confidential” or “”; and

2. All information disclosed by the Customer to THEMAKEWEBSITE in writing, in writing, graphic, video, image, machine-readable, or any form relating to or in connection with any relationships, business opportunities, and third parties regardless of whether such information is marked or labeled “confidential” or “owned”.

Confidential Information will be kept confidential by THEMAKEWEBSITE. THEMAKEWEBSITE will not use Customer Confidential Information for any purpose other than maintaining the website. No other rights, including, but not limited to, licenses, trademarks, patents, copyrights, patents, or any rights other intellectual property are implied or granted under this Agreement or by operation Transfer of Confidential Information between the two parties. This item will survive termination of this Agreement.

Each Party agrees that the term “Confidential Information” does not include information that:

3. Whether or not it has become either current or future in the public domain due to no action by THEMAKEWEBSITE;

4. Prior to disclosure under this Agreement, is within THEMAKEWEBSITE’s legal proprietorship, with written authority;

5.. Whether or not available to THEMAKEWEBSITE on an unsecured basis from a third party without knowing THEMAKEWEBSITE is prohibited from transmitting information to THEMAKEWEBSITE;

6. Is independently developed or purchased by THEMAKEWEBSITE without the use or use of Confidential Information;

7.Be disclosed with the Customer’s written consent; or

8. Shipped to THEMAKEWEBSITE after Customer has received a written notice from THEMAKEWEBSITE that they do not wish to receive further Confidential Information or that it is terminating this Agreement.

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