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All services provided by 2Dog Webpage Designs (2Dog.com) to the Customer are subject to the following terms and conditions.
1. Acceptance. A copy of these terms and conditions must be signed by all new customers at the time of submission of work to 2Dog.com, indicating agreement to and acceptance of these Terms and Conditions.
2. Charges. Charges for services to be provided by 2Dog.com are defined in the attached project proposal. Except for Shopping Cart websites which require 100% payment before work can begin all other website design services require an advance payment of a minimum of one-half (1/2) of the invoice total before the work is started. The remainder of the invoice total will be due upon completion of the work, as will payment for the first three (3) months of any maintenance services. 2Dog.com reserves the right to change the rates for ongoing maintenance and hosting services with thirty (30) days advance notification to the Customer. Payment for services is due by cash, check or money order, and should be remitted to:
Duane Gardner
2Dog Webpage Designs
7641 Via Paseo Ave.,
Las Vegas, Nevada 89128-2620PH:702.228.1287
FX: 425.699.4977
Website: www.2Dog.com
Email: kgardner@2dog.com
3. Customer Review. 2Dog.com will provide the Customer with an opportunity to review the appearance and content of Web site materials once they are completed. Such materials will be deemed to be accepted and approved unless the Customer notifies 2Dog.com otherwise within ten (10) days of the date the materials are made available to the Customer.
4. Turnaround Time. 2Dog.com will install and publicly post the Customer's Web site by the date specified in the attached project proposal, or if no such date is specified, within three weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer.
5. Payment. Invoices will be provided by 2Dog.com upon completion of the work for Web site design services, and at monthly intervals for hosting and maintenance services. The Customer may elect to receive either e-mail or hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of one and one-half percent (1.5%) per month of the total amount due.
6. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on 2Dog.com's Web space, 2Dog.com will, at its discretion, remove all such material from its Web space. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Checks returned for insufficient funds will be assessed a return charge of $25 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay 2Dog.com reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by 2Dog.com in enforcing these Terms and Conditions.
7. Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Legal Restrictions. 2Dog.com's services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any state or federal statutes and/or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. 2Dog.com reserves the right to refuse service to the Customer without providing reason or cause.
9. Copyright. Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants 2Dog.com the rights to publish and use such material. Custom artwork and graphic logos designed by 2Dog.com for use in the Customer's Web presentation will remain the property of 2Dog.com; at its discretion, 2Dog.com will grant the Customer rights to use such material in formats other than Web presentations. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer will grant 2Dog.com permission and rights for use of the same and agrees to indemnify and hold harmless 2Dog.com from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Every contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to 2Dog.com that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. Flash and Shockwave movies will remain the property of 2Dog.com unless Customer agrees to purchase these presentations at a negotiated purchase price.
10. Standard Media Delivery. Unless otherwise specified in the attached project proposal, this Agreement assumes that all text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk or via Email or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although every reasonable attempt shall be made by 2Dog.com to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.
11. Licensed Code. The Customer's Web site may include code elements created for the Customer based on "tool boxes" of techniques and pre-developed code which are the property of 2Dog.com. This software technology is licensed to the Customer for a one-time fee and is limited to installation and usage by the Customer only on one site of connected documents on one server. Such code may not be distributed, modified or re-licensed without the express written consent of 2Dog.com.
12. Design Credit. A link to 2Dog.com will appear in small type at the bottom of the primary "home" page of the Customer's Web site with an active link back to 2Dog.com. However, 2Dog.com may agree to place the credit on the source code only, if requested.
13. Access Requirements. If the Customer's Web site is to be installed on a third-party server, 2Dog.com must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
14. Right To Pull. By signing this Agreement, the Customer agrees to give 2Dog.com "on demand" access to the Customer's installed Web site, and further agrees that 2Dog.com shall have the right to remove that site from public posting for failure to adhere to the terms of this Agreement, including violation of any licensing agreements or failure to pay fees duly assessed.
15. Post-Placement Alterations. 2Dog.com cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions. Including cgi coding, forms, counters, etc.
16. Indemnity. The Customer agrees to indemnify and hold harmless 2Dog.com from any and all claims resulting from the Customer's use of 2Dog.com's services which causes damage to the Customer or a third party. When 2Dog.com provides hosting, 2Dog.com will not be held responsible for Internet transfer failures, servers down time, due to acts of god, scheduled maintenance, or emergency maintenance.
17. Disclaimer. 2Dog.com makes no warranties of any kind, whether express or implied, for the services it provides. 2Dog.com also disclaims any warranty of merchantability or fitness for a particular purpose. 2Dog.com will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The Customer acknowledges and agrees that 2Dog.com cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems.
18. General. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, save only for any exceptions specifically outlined in the attached project proposal. The Customer's signature below constitutes agreement to and acceptance of these Terms and Conditions. 2Dog.com reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of the Customer's pages.
19. Governing Law. This Agreement shall be governed by the laws of the State of Nevada of the United States of America, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law.
Form Edited: 1.28.2003