1. Privacy Policy: AAD agrees that, except as directed by the Client, it will not at any time during or after the term of this Agreement, disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about AAD to another party. All information is kept strictly confidential; AAD will not sell, trade or distribute the Client's information in any manner.
2. Copyrights and Trademarks: The Client unconditionally warrants that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to AAD for inclusion in the Client's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and the Client agrees to hold harmless, protect, and defend AAD from any claim or suit against AAD arising from the use of such elements furnished to AAD by the Client. AAD unconditionally warrants that any elements of text, graphics, photos, designs, trademarks, or other artwork that AAD incorporates in the Client's web site, except for those elements furnished by the Client, are owned by AAD, or that AAD has permission from the rightful owner to use each of these elements, and AAD agrees to hold harmless, protect, and defend the Client from any claim or suit against the Client arising from the use of such elements furnished by AAD.
3. Patents: AAD unconditionally warrants that the web site it designs for the Client will be free from any claim of patent infringement, and AAD agrees to hold harmless, protect, and defend the Client from any claim or suit for patent infringement against the Client arising from the design or use of such web site.
4. Liability: Except as provided in Sections 2 and 3 of this Agreement, the Client agrees to indemnify and hold AAD harmless from all liability, expenses, claims, actions, fees, losses or damages caused by the direct or indirect use of services/products from AAD at any time and by any party.
5. Laws Affecting Electronic Commerce: The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and, except as otherwise provided in this Agreement, the Client will hold harmless, protect, and defend AAD from any claim, suit, penalty, tax, or tariff arising from the Client's use of Internet electronic commerce. Client also understands that AAD cannot provide legal advice.
6. Ownership of Artwork/Graphics: All original artwork/graphics developed by AAD under this Agreement remains the copyright property of AAD. The Client is granted a single use license to use the specific image purchased. Client retains the right to use any logo created for them by AAD for trademark or service mark purposes. Pornographic use, use that would be defamatory or libelous or use that is otherwise unlawful is prohibited. The following is strictly prohibited: AAD images are NOT to be resold, altered, copied, sublicensed or in any other way made available for use, download or distribution separately. If the Client wants to alter the graphics created by AAD, the Client must contact AAD for approval of changes.
7. Design Credit: Client agrees that AAD may put a byline on the bottom of Client's web page establishing design and development credit. Client also agrees that the web site created for the Client may be included in the AAD portfolio. The byline credit shall be in a font style and size that is no more prominent than the least prominent text on Client's webpage, and shall be limited to the statement "Web site designed by August Afternoon Design" or a comparable statement. Removal or modification of credit is prohibited. If the Client would like the credit to be removed, a US$350 fee is payable to AAD.
8. Satisfaction & Refund Policy: Once the Client approves all work provided under this Agreement, any additional changes requested will be invoiced at an hourly rate of US$35.00. If for some reason Client satisfaction cannot be met through no fault of AAD and despite AAD's reasonable efforts to satisfy Client's needs, AAD will grant the Client a 50% refund of original purchase price. No refund is granted if Client has previously approved the work provided under this Agreement.
9. Entire Understanding: This contract and the purchase of products provided by AAD constitute the sole agreement between AAD and the Client regarding this project. It becomes effective upon purchase. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and AAD. Both parties warrant that they have read and understand the terms set forth in this agreement.
2. Copyrights and Trademarks: The Client unconditionally warrants that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to AAD for inclusion in the Client's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and the Client agrees to hold harmless, protect, and defend AAD from any claim or suit against AAD arising from the use of such elements furnished to AAD by the Client. AAD unconditionally warrants that any elements of text, graphics, photos, designs, trademarks, or other artwork that AAD incorporates in the Client's web site, except for those elements furnished by the Client, are owned by AAD, or that AAD has permission from the rightful owner to use each of these elements, and AAD agrees to hold harmless, protect, and defend the Client from any claim or suit against the Client arising from the use of such elements furnished by AAD.
3. Patents: AAD unconditionally warrants that the web site it designs for the Client will be free from any claim of patent infringement, and AAD agrees to hold harmless, protect, and defend the Client from any claim or suit for patent infringement against the Client arising from the design or use of such web site.
4. Liability: Except as provided in Sections 2 and 3 of this Agreement, the Client agrees to indemnify and hold AAD harmless from all liability, expenses, claims, actions, fees, losses or damages caused by the direct or indirect use of services/products from AAD at any time and by any party.
5. Laws Affecting Electronic Commerce: The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and, except as otherwise provided in this Agreement, the Client will hold harmless, protect, and defend AAD from any claim, suit, penalty, tax, or tariff arising from the Client's use of Internet electronic commerce. Client also understands that AAD cannot provide legal advice.
6. Ownership of Artwork/Graphics: All original artwork/graphics developed by AAD under this Agreement remains the copyright property of AAD. The Client is granted a single use license to use the specific image purchased. Client retains the right to use any logo created for them by AAD for trademark or service mark purposes. Pornographic use, use that would be defamatory or libelous or use that is otherwise unlawful is prohibited. The following is strictly prohibited: AAD images are NOT to be resold, altered, copied, sublicensed or in any other way made available for use, download or distribution separately. If the Client wants to alter the graphics created by AAD, the Client must contact AAD for approval of changes.
7. Design Credit: Client agrees that AAD may put a byline on the bottom of Client's web page establishing design and development credit. Client also agrees that the web site created for the Client may be included in the AAD portfolio. The byline credit shall be in a font style and size that is no more prominent than the least prominent text on Client's webpage, and shall be limited to the statement "Web site designed by August Afternoon Design" or a comparable statement. Removal or modification of credit is prohibited. If the Client would like the credit to be removed, a US$350 fee is payable to AAD.
8. Satisfaction & Refund Policy: Once the Client approves all work provided under this Agreement, any additional changes requested will be invoiced at an hourly rate of US$35.00. If for some reason Client satisfaction cannot be met through no fault of AAD and despite AAD's reasonable efforts to satisfy Client's needs, AAD will grant the Client a 50% refund of original purchase price. No refund is granted if Client has previously approved the work provided under this Agreement.
9. Entire Understanding: This contract and the purchase of products provided by AAD constitute the sole agreement between AAD and the Client regarding this project. It becomes effective upon purchase. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and AAD. Both parties warrant that they have read and understand the terms set forth in this agreement.
