Hudson Enterprises, Inc.
Web Design Terms of Service Agreement

 

AGREEMENT:

Authorization. As the client, you are hereby engaging Hudson Enterprises, Inc., a South Carolina Corporation, located at 8217 Timber Ridge Road, Suite 201, Conway, South Carolina, 29526-9007, as an independent contractor for the specific project of developing and/or improving a World Wide web site to be installed on the client's web space on Hudson Enterprises, Inc's web hosting server. The client also authorizes Hudson Enterprises, Inc., to publicize their completed web site to Web search engines, as well as other Web directories and indexes.

Development. This Web Design Project will be developed using Adobe® Dreamweaver.

Compatibility - Designing a web site to work properly in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Hudson Enterprises, Inc. represents and warrants that the web site we design for you will work in:

While Hudson Enterprises, Inc. will make reasonable efforts to design a fully-functional web site, Hudson Enterprises, Inc's warranty does not cover AOL, text-based browsers, or requested special effects that we have advised you against.

Assignment of Web Design Project. Hudson Enterprises, Inc., reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met in a timely manner.

Web Site Maintenance. This agreement allows for minor web site maintenance to pages for the lifetime of your web site while hosted with Hudson Enterprises, Inc. hosting at no charge, up to an average of one half hour per month, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion forums, navigation structure changes, attempted updates by Client requiring repairs by us, or Web Design Projects delivered to Client via diskette, U.S. mail and e-mail. Major page code and/or graphics changes and additions will be charged at the $85.00 per hour rate. (Notice: This rate is subject to change at any time.) All payments, regardless of amount, will be due and payable upon completion of requested update or change.

CLIENT RESPONSIBILITY:

Copyrights and Trademarks.The client represents to Hudson Enterprises, Inc., and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Hudson Enterprises, Inc. for inclusion in web pages 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 Hudson Enterprises, Inc., and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. Copyright to the finished web design site produced by Hudson Enterprises, Inc., will be owned by Hudson Enterprises, Inc. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client and remain the property of their respective owners. Hudson Enterprises, Inc. and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to Hudson Enterprises, Inc. Web Site.

Reason for non-transfer of property: To further explain why we do not transfer rights to photos, graphics, source code, work-up files, and computer programs, by legal contract, Hudson Enterprises, Inc., is the sole owner of this material. We enter into specific legal and binding contracts on our end for rights to use said photos, graphics, source code, work-up files, and computer programs, on your web site, and as such, we are not allowed by law to transfer those legal rights to any third party.

Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Hudson Enterprises, Inc. and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

Payment of fees. In order for Hudson Enterprises, Inc. to remain in business, payments must be made promptly. Delinquent invoices will be assessed a $25 late charge if payment is not received within 24 hours of the due date. Hudson Enterprises, Inc. reserves the right to remove web pages from viewing on the Internet until final payment is made. If an amount remains delinquent 10 days after its due date, an additional reinstatement fee of $100 will be assessed if the web site has been taken off-line for non-payment of the monthly fee. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when accepted by Hudson Enterprises, Inc., not when it is submitted by the client. Client will receive an email confirmation that this agreement has been electronically accepted, and will serve as if a written signed agreement has been entered into by the parties. The client agrees that for purposes of venue, this contract was entered into in Horry County, South Carolina, and any dispute will be litigated or arbitrated in Horry County, South Carolina. Please pay on time. We hate late fees as much as you do, and we don't like litigation any more than you do.

Payment Schedule. Payment for web design requires a 50% deposit of the estimated total cost in advance, with the remaining 50% balance due upon completion. Under the terms of this Agreement, the Client agrees to pay to Hudson Enterprises, Inc., an initial, non-refundable deposit equal to 50% of the estimated cost of the site upon execution of this agreement. The balance of the remaining 50%, plus or minus any adjustments to the original estmate that may have occured as the result of more or less time invovled in building the site than originally quoted, will be due when the completed web site is live on the Internet. All amounts must be in U.S. Dollars.

Method of Payment. All payments will be made by either Visa or MasterCard. Failure by Hudson Enterprises, Inc's merchant account processor to collect any payments due for any reason will be cause for late fees to be assessed per the terms set forth under "Payment of Fees" above. It is the Client's full responsibility to make sure any credit card entered into the Online Client Portal is always kept current, including entering new card information into the OCP when a new card is received by the Client by the issuing card company.

Early Termination / Acceleration of Balance. If Client fails to complete any portion of this Agreement, or if Client terminates any portion of this Agreement, or if client goes out of business, regardless of reason, Hudson Enterprises, Inc., reserves the right to demand payment of the entire outstanding balance due, in full, and will use whatever collection means are necessary to collect said due payment in full.

Sole Agreement.The agreement contained in this "Web Site Design Contract" constitutes the sole agreement between Hudson Enterprises, Inc. and the client regarding this web site. Any additional work not specified in this contract must be authorized by a written change order. All quotes and final prices agreed to via this contract will be honored for the duration of the payment terms after both parties accept this contract. Submissioin of a completed design order at this website constitutes your acceptance of these terms of service.