1. Authorization The named client
is engaging Sigmen Group, as an independent contractor
for the specific project of developing and/or
improving a web site, hereinafter referred to
as "web design project" which may be installed
on the client's account on an Internet Service
Provider (ISP) / Web Presence Provider (WPP) computer,
hereinafter refer to as "Hosting Service" if required
to perform services. If required to perform services
the client hereby authorizes Sigmen Group to access
this account and authorizes the Hosting Service
to provide Sigmen Group 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.
2.Acceptable Use An acceptable
use policy is part of these terms and conditions
of hosting any information associated with the
domain name. This is necessary because the proliferation
of abusive electronic mail and practices generated
by a minority of the Internet users can interrupt
services. The exhibit with the description of
the acceptable use policy is posted on our website
and the exhibit is part of these terms and conditions.
3. Copyright and Trademarks The
client unconditionally guarantees that any elements
of text, graphics, photos, designs, trademarks,
or other artwork furnished to Sigmen Group 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 Sigmen
Group and its subcontractors from any claim or
suit arising from the use of such elements furnished
by the client.
4.Web Site Maintenance This agreement
allows for minor web site maintenance to pages
over a 1-month period, up to an average of one
half hour per regular web site, including updating
lines and making minor changes to a sentence or
paragraph. It does not include updating or 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.
30 days period begins on the date the client's
web design site has been published to client's
hosting service or 30 days from the date this
agreement was signed, whichever comes first. If
the client's web design package includes database
access using Server Side Script, 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.
5. Completion Date Sigmen Group
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 due date set
after the client has submitted all necessary materials.
If the client does not supply Sigmen Group with
complete text and graphic content for this web
design project within 60 days of the date this
agreement was signed, the entire amount of the
agreement becomes due and payable. If the client
still has not submitted all the required contents
within 90 days after signing this agreement, an
additional continuation fee of 15% of the total
agreement price will be assessed for each month
until the web design project is published or the
client cancels the web design project in writing.
6. Project Delivery The web site
design project delivery shall be completed upon
receipt of the payment associated with delivery.
Delivery may be accomplished by publishing, electronic
transfer, or physical media. The client understands
that Sigmen Group may not be providing any hosting
services in connection with this web design project.
Hosting services may require a separate contract.
The client will be solely responsible for all
hosting service charges. The client assumes all
responsibility for the use and functionality of
the web design project.
7. Publishing If the Project
Delivery includes publishing, Sigmen Group will
make a good faith effort to accommodate client's
requested method of publishing. In the event Sigmen
Group is not able to accommodate the request method
of publishing the following statements apply.
If the hosting service has FrontPage 98 /2000
extensions installed, Sigmen Group may use FrontPage
98/2000 to publish to the site. If the hosting
service does not have FrontPage 98 extensions
installed, Sigmen Group may use FTP or SCP to
publish to the site. If publishing to a hosting
service is not feasible the information may be
delivered on diskette or CDROM.
8. 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 Sigmen
Group and its subcontractors from any claim, suit,
penalty, tax or tariff arising from the client's
exercise of Internet electronic commerce.
9. Web Design Project Copyright
Original web site content specifically requested
by the customer and designed under work for hire
shall be the intellectual property of the customer
once final payment under this agreement and any
additional charges incurred have been paid. Rights
to clipart, photos, graphics, source code, work-up
files and computer programs that are not specifically
requested and designed under work for hire are
not transferred to the client, and remain the
property of their respective owners. Sigmen Group
and its subcontractors retain the right to display
graphics and other web design elements as examples
of their work in their respective portfolios.
10. Payments All payments must
be made promptly based on the agreed schedule.
Delinquent bills can 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 5% penalty can
be added for each month of delinquency. Sigmen
Group 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
only when signed by an authorized representative
SIGMEN Group. All payments will be made in US
$ funds unless agreed upon in writing by both
parties
a) By web design projects under $340.00; payment
by ordering
b) By web design projects over $340.00;
50% by ordering and 50% by publishing.
c) By
web design projects over $5,000.00; agreed in
writing a down payment and payments by milestones.
11. Legal Notice Sigmen Group
does not warrant that the functions contained
in the web design project will be uninterrupted
or error-free. The entire risk as to the quality
and performance of the web design project is with
the client. In no event will Sigmen Group be liable
to the client or any third party for any damages,
including, but not limited to service interruptions
caused by Acts of God or any other circumstances
beyond our control, any lost profits, lost savings
or other incidental, consequential or special
damages arising out of the operation of or inability
to operate this web design project, failure of
any service provider, of any telecommunications
carrier, of the Internet backbone, of any Internet
servers, your or site visitor's computer or Internet
software, even if Sigmen Group has been advised
of the possibility of such damages.
12. This Agreement constitutes
the sole agreement between Sigmen Group and the
client regarding this web design project. Any
additional work not specified in this contract
must be authorized by a written request. All prices
specified in this contract will be honored for
3 months after both parties sign this contract.
Continued services after that time will require
a new agreement. This agreement supersedes any
prior written or oral agreements between the parties.
13. Amendment This agreement
may be modified or amended if the amendment is
made in writing and is signed by both parties.
14. Severability If any provision
of this agreement shall be held to be invalid
or unenforceable for any reason, the remaining
provisions shall continue to be valid and enforceable.
If a court finds that any provision of this agreement
is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable,
then such provision shall be deemed written, construed,
and enforced as so limited.
15. Waiver of Contractual Right
The failure of either party to enforce any provision
of this agreement shall not be construed as a
waiver of limitation of that party's right to
subsequently enforce and compel strict compliance
with every provision of this agreement.
16. Governing Law This agreement
shall be governed by and interpreted and enforced
in accordance with the laws of State of Illinois
Government and Laws of USA applicable therein
without reference to rules governing choice of
laws. Any action relating to this agreement must
be brought in Chicago Government and you irrevocably
consent to the jurisdiction of such courts.
17. Notices Any notice, direction
or other communication given under this Agreement
shall be in writing and given by sending it via
e-mail or via regular mail. In the case of e-mail,
valid notice shall only have been deemed to have
been given when an electronic confirmation of
delivery has been obtained by the sender, in the
case of notice to us to legal@sigmengroup.com
or authorized representative, in the case of notice
to you, at the e-mail address provided by you
in this agreement, in your WHOIS record for the
website domain name or as updated from time to
time. Mail shall be sent to Sigmen Group, and
to you at the mailing address provided in this
agreement or as updated in writing. Any e-mail
communication shall be deemed to have been validly
and effectively given on the date of such communication,
if such date is a business day and such delivery
was made prior to 4:00 p.m. Eastern Standard Time
and otherwise on the next business day. Any communication
sent via regular mail shall be deemed to have
been validly and effectively given 5 business
days after the date of mailing.