Where “AAD” is used, it represents August Afternoon Design, LLC
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 and/or Logo 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. It is the Client’s responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark. Learn more at: www.uspto.gov
3. Liability: 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. AAD makes no warranty to support old browsers, text-based browsers, or color accuracy between screen and print.
4. Laws Affecting Electronic Commerce: The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and, 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 or financial advice.
5. PCI Compliance: If Client accepts credit cards, online or offline, the Client is responsible for becoming PCI compliant, and, the Client will hold harmless, protect, and defend AAD from any claim, suit, penalty, tax, or tariff arising from not being compliant or from the process of becoming compliant. AAD does not offer PCI compliance tools or services. Learn more at: www.pcisecuritystandards.org
6. Ownership of Original Artwork/Graphics: Under this Agreement, all original artwork/graphics developed by AAD for the Client remains the copyright property of AAD until payment is received in full. Once payment is received in full, AAD grants the Client copyright and full rights to use the original artwork/graphics. Pornographic use, use that would be defamatory or libelous or use that is otherwise unlawful is prohibited. Unused design concepts will remain the copyright of AAD and may be re-used in future projects.
7. Code, Software, Stock Images: Ownership/copyright of all code, stock images and software remains the property of its perspective owner(s) and/or August Afternoon Design. The Client is granted use of the final web design as intended for their business or personal use.
8. 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.
9. Refund & Cancellation Policy: Refunds are allowed only for projects that have not started. Please note that a $100 cancellation fee will be charged.
9. Website Maintenance and Software Updates: Unless otherwise agreed upon, it is the Client’s sole responsibility to maintain their own website and to apply software/security updates. The Client will hold harmless, protect, and defend AAD from any claim, suit, penalty, tax, or tariff arising from not maintaining a secure and updated website.
10. 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.