IMPORTANT NOTE and INTRODUCTION:
Welcome to the Design Tyme Website Development Contract.
As you read these pages you will see that as a client of Design
Tyme, you will receive a well developed Website with a maintenance
plan. Take the time to read this contract and the terms listed,
to see exactly what you will get for your money. Once you have
made that crucial decision to hire Design Tyme as your web developer,
you will notice how we put little extras and great care into your
Website. Each Website and web page is different and we understand
that, therefore this contract and its contents can be changed
and/or modified to suit your needs.
This contract has been developed to protect both the Client
and the Website Developer, its purpose is to define, and
refine what the Client will receive from Design Tyme, and
what Design Tyme expects to receive from the Client in return.
At Design Tyme, we are here to help make your web
experience a pleasurable and profitable one. If your
needs are not met within this contract, please contact us
and we can work out a customized contract to fit your goals.
This contract comes with a 3-month
standard maintenance plan. You will receive our basic
maintenance at no extra cost. If you desire an additional
maintenance plan for your Website, or if you already have a
Website and need only maintenance, upgrades or a new look. Please
go to our Web Maintenance Section. We have maintenance
options from the basic month-to-month plan, to the extended 2-year
advance maintenance plan. At Design Tyme, we can create a
custom maintenance plan that best fits your needs and
addresses the issues you demand.
IT IS AGREED AS FOLLOWS:
- Agreement:
Made by The Client, on Saturday the 12 of July 2005 by Design Tyme and between (hereinafter
referred to as the "The Client " with its offices ADDRESS listed at the bottom of this form) and
Design Tyme (hereinafter referred to as
"Design Tyme" with its Mailing address at Comer, Ga. 30629).
- Whereas:
Design Tyme has been commissioned to create, maintain,
upgrade and supply artwork, computer files, and coding for
The Client's existing or soon to be existing Website site
at: (URL)
Go here to check for your Domain Name
- Maintenance and Hourly Rate.
This agreement includes Web page development and a basic 3
month maintenance plan to regular Web pages, up to an average of
2 hours per month total, including updating links and
making changes to a sentence or paragraph or replacing text
and graphics with text and graphics that are
supplied to Design Tyme from The Client. It does not
include removing or replacing more then 40% of the text
from a page and replacing it with new text. It does not
mean reformatting or re-styling 40% or more of your
webpage. If The Client or an agent other than Design Tyme
attempts updating The Client's web pages, time to
repair Web pages will be assessed at the hourly rate, and
is not included as part of the updating time. This
contract begins upon the date The Client signs and submits
this contract. Changes requested by The Client
beyond those limits will be billed at the hourly rate of
$30-60.00 (depending on service required). This rate
shall also govern additional work authorized beyond the
maximums specified above for such services as
general Internet orientation education, marketing
consulting, Web page design, advance HTML editing,
modifying product pages and databases in an on-line store,
and art, photo, graphics services, and helping The Client
learn how to use their own Web page editor.
- Webpage and Website Development:
The Client agrees and understands the limits of terms and
conditions listed in this contract. Below is a detailed
outline of what is included with The Client's new
Website. Any services or items created or supplied by
Design Tyme for the Client's Website beyond the terms or
limits listed in this contract, will be billed to the
Client at an hourly rate. Once the Client signs and sends in
this contract to Design Tyme, there will be no changes or
modifications made to this contract. Design Tyme reserves
the
right to cancel or terminate this contract in the event the
Client breaches the terms listed within.
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Fees:
These fees apply to the maintenance, upgrading, creation,
designing and programming of the Website
as well as approved adaptations, revisions, and changes
made to it by Design Tyme. All specialized original artwork,
custom programming and custom scripts are billed at an
hourly rate. Billing for all services that are above and
beyond the terms listed in this contract that are billed at
an hourly rate, shall be submitted to the Client by
Design Tyme, at the end of each month. Final payment of the
balance shall be made within 30 days of submission (or
by the terms outlined in the final invoice of the overall
order) of invoice as hereinabove set forth and Design Tyme
shall be entitled to reasonable legal fees in the event the
services of an attorney are necessary for collection.
Checks, Money Orders, and Wire Transfers must be made out
to Design Tyme (Bank account and routing
information available upon request). The Client will pay all
appropriate taxes that would apply State and
Federal included. Design Tyme reserves the right to change
prices of additional custom coding, and graphics
development at any time. All prices and maintenance set
forth in this agreement shall not be subject to
change.
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1: Authorization:
The Client is engaging Design Tyme, a sole proprietor, as
an independent contractor for the specific project of
developing and/or improving a World Wide Web site to be
installed on The Client web space on an Internet Service
Provider's (ISP) computer. The Client hereby authorizes
Design Tyme to access this account, and authorizes the
Internet Service Provider to provide Design Tyme with "write permission" for
The Client's web page directory, cgi-bin directory, and any
other directories or programs which need to be accessed for this
project. The Client also authorizes Design Tyme to
publicize their completed Web site to Web search engines, as well as other
Web directories and indexes.
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2: Basic 3 Month Maintenance:
The Client will receive, updates and changes to existing
Web pages for 3 months (Includes up to 3 hours per month total, subject to the
limits outlined below and above. Additional changes billed
at an hourly rate.) from the date that this agreement is signed. This
maintenance option will allow the Client to make changes and
upgrades to 40% of an existing web page on the client's web
site. The maintenance or upgrades will begin on the date
that this agreement is signed.
Upgrades will be done on thirty
(30) minute increments, All upgrades that exceed the 3
hours per month total maintenance, will be billed at $30.00 an
hour in thirty (30) minute increments. No other parties
shall have the right to change or alter The Client's Website other then
Design Tyme, or the owner(s) of The Client 's during this
maintenance period. If The Client or an agent other than Design Tyme
attempts updating The Client's web pages, time to repair
Web pages will be assessed at the hourly rate, and is not included as
part of the updating time.
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3: Web page Construction and Deposit:
An initial payment representing the first DEPOSIT of no
less then 50% of the over all order, shall be paid to Design Tyme at the signing of
this agreement and at the start of the project. Design Tyme
shall design Client's Website with:
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a: Consultation:
E-mail/phone consultation (Up to 2 hours total general
Internet orientation education, marketing strategy, Web
design consultation, and helping the Client learn to use their own
Web site. Telephone long distance charges are in addition to
package rates quoted. Additional education and consultation
is billed at an hourly rate of $30.00.)
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b: Words of Text :
Words of text supplied by the Client (200 words per page
approximate maximum if not supplied via
diskette. Web pages of more than 1,200 words of text may be
subject to additional fees, especially if they require a
great deal of formatting.)
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c: Links:
Links to external pages or other Websites, up to an average
of 2.5 per page.
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d: Custom Graphics Package:
Masthead graphic on first page (simple custom graphic
incorporating company logo[Company Logo must be supplied]). Top-of-page graphic
for all other pages in your Web site. Including colorful
lines, bullets, colored and textured background.
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e: Photos and Other Graphics:
Photos and other misc. graphic images supplied by the
Client. (All images that need to be
changed, altered, or reformatted by Design Tyme, shall be
billed at an hourly rate of $40.00 an hour.)
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f: Setup and Installation:
Installation of Web pages on the Client's ISP host computer
or server of their choice.
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g: Maintenance and Upgrades:
Minor updates and changes to the Client's Website for 3
months (Minor updates include, changing text, graphics and fixing links). All
changes must be given to Design Tyme by the Client and will
be put up as is.
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h: Email Responses:
E-mail response link on each Web page to any e-mail address
that the Client designates.
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i: Forms:
Feedback or guestbook form (Basic CGI program included.
Includes up to 20 fields. Extra charges may be
incurred if the Client's Internet Service Provider does not
use a Unix operating system. Not included in the package
price for sites smaller than 10 pages.)
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j: Site Navigation:
One Image Map for internal navigation (Not included in the
package price for sites smaller than 6 pages.)
for a fee of $ ____ (Leave this blank if a fee has not yet been
worked out). This agreement shall be
accompany by an invoice for the entire creation of the
Client's Website submitted by Design Tyme no later then 30
days of signing.
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4. Consultant's Warranties. Design Tyme represents as
follows:
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a:
That Design Tyme will create and use Artwork, Clipart,
Programming and Website pages other than the Client's logo
and
except for artwork and coding supplied by the Client;
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b:
That Design Tyme has the full and unrestricted right to
make this agreement;
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c:
That the artwork will not infringe upon any statutory
copyright;
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d:
That it contains no matter contrary to the law;
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e:
That Design Tyme has the right to use the likeness of all
the persons depicted in the artwork where the Design Tyme
has supplied the likeness;
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f:
That Design Tyme will indemnify the Client and hold the
Client harmless from any and all claims arising therefrom,
including legal fees;
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5. The Client Warranties. The Client represents as follows:
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a: That all artwork, design, logos, likeness, or photos or
persons as supplied by the Client are with proper
permission;
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b: That any artwork supplied by the Client does not infringe
on any statutory right;
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c: That the Client will indemnify and hold harmless Design
Tyme from any and all claims arising wherefrom, including
legal fees.
- 6. Related Development and Maintenance Issues and Standard Terms
a:
Changes to, and Submitting Text:
Please send us your final text. Time required to make
substantive changes to client submitted text after the Web pages have been
constructed will be additional fee, billed at the hourly
rate and is not part of the maintenance terms. All text that is to be place
onto the The Client's Web Pages must be submitted to Design
Tyme on Floppy disk, Zip Disk, CD Rom, E-mailed to
Design Tyme, or made available to Design Tyme by means of
the internet or world wide web. All text that is in need of actual retyping
by Design Tyme will be billed at $30.00 an hour. Large text
areas (1,200 words or more) for web Pages that need a
considerable amount of formatting will be billed at an hourly
rate of $30.00 and are not included in the Maintenance plan.
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b:
Changes to Graphics and Images:
All images and graphics that are to be placed on or changed
on the Client's web pages must be submitted to Design Tyme on Floppy disk, Zip
Disk, CD Rom, E-mailed to Design Tyme, or made available to
Design Tyme by means of the internet or world wide web. All
images and graphics that will be used on the Client's web
pages must be in either a *.jpg or *.gif format. Any image or
graphic that needs to be reformatted or resized or altered
in anyway to fit on the Client's webpages, will be billed at
an hourly rate of $30.00. Design Tyme can and will add
standard basic clipart or icons from our collection at the Clients
request for free. However, this does not mean that we will
create a custom graphic for free or spend hours
reformatting your graphics. These changes and creations of
graphics are not part of the development and maintenance terms, and
are billed at an hourly rate.
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c:
Sounds or Music:
All sound and music to be used on the Client's website must
be submitted to Design Tyme in the appropriate format to be used on the Client's
web pages. Any changes, reformatting or converting of a sound or music
file, by Design Tyme will be billed at an hourly rate of
$40.00. (i.e. if you have a *.wav file and wish to change
it to a *.au file.).
All Sound and music files must be submitted to Design Tyme
by the Client on Floppy disk, Zip Disk, CD Rom,
Emailed to Design Tyme, or made available to Design Tyme by
means of the internet or world wide web.
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d:
Plug-ins:
All plug-ins that the Client wishes to use for their
webpages are included in this development and
maintenance contract. Provided that they supply the support
files and the plug-in to be installed (this would include
giving Design Tyme the manufacturer URL's to download the
plug-ins or the Client supplying it to us). All additional
manufacturer fees would be billed to the Client. Any
changes to the files or support files for the plug-ins must
be submitted to Design Tyme by the Client on Floppy disk, Zip
Disk, CD Rom, Emailed to Design Tyme, or made available to
Design Tyme by means of the internet or world wide web. Any
additional coding or upgrading to the plug-ins that requires
reformatting, new coding, or the creation of files are
billed at an hourly rate of $50.00. If plug-ins need to be
upgraded due to a newer version by the manufacturer, and requires no
additional changes by Design Tyme, there is no additional
charges for the upgrade.
NOTE: This does not include, reconfiguring servers,
setting up mime type on server, or an extended installation
that requires a reformatting of the user end files or
recoding of the web page.
Plug-in NOTE: Setting up and maintaining plug-ins, can be
very easy or very difficult, depending on the plug-in in
question and servers being used. Most plug-ins are easy to
maintain and upgrade and Design Tyme would not charge for
most changes. However, Design Tyme reserves the right to
charge an hourly rate for updating and maintaining plug-ins
on Client's web pages and Website, at Design Tyme's own
discretion.
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e:
Custom or Advance Coding:
Design Tyme will maintain any custom coding or custom
scripts that the Client's supplies for
their webpages or Website. This would include, but is not
limited to: Java Script, CGI Scripts, or advance HTML
coding (CSS, or Style Sheets.). If the Client
supplies the scripts to Design Tyme, then Design Tyme
assumes that these scripts and codes are ready to be setup,
installed and will run properly on the
Client's webpages or Website. If Design Tyme has to remove
the scripts to get the Client's webpages working, recode
them, or requires reformatting of the webpage. The Client
will be billed an hourly rate of $50.00. If Design Tyme has
to recode any existing script or supply new scripts for
the Client's web page, the Client will be billed an hourly
rate of $50.00.
If Design Tyme supplies the scripts there will be a fee of
$50.00 an hour for developing and setting them up on the
Client's Web pages. Once the scripts are up and running on the
Client's web pages, there would be no additional charges to
maintain them on the Client's web pages, provided that
there are no additional changes to be made to the scripts.
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f:
Advertising and Search Engines:
Upon payment of all fees hereinabove set forth, the Client
shall have the nonexclusive right to reproduce the completed
artwork as
interior illustrations, appear on merchandise, form a
jacket of any packaging or software, on any book or manual thereof
which it may print or publish for the packaging and
instruction of the merchandise which it sells or
distributes for the life of this contract.
Design Tyme does not take responsibility for
the placement of the Client's webpages or Website by these
search engines. Design Tyme shall have the right to add the
Client's Website or webpages to it's link section on the
Design Tyme Website, and to show any or all parts of the Client's
Website as an example of Design Tyme's work, whether by
directing people to the Client's webpages or Website, or by showing
the Client's Website on remote computers or in Design Tyme's
portfolio. Design Tyme reserves the right to place a icon
and link that will redirect all visitors back to the Design
Tyme Website, on all webpages and websites that it creates and
maintains for the Client.
The Client shall have the right to show its Website or
webpages to the public on the world wide web, or internet.
The Client shall also have the right to print the Website and
use it's likeness in any print, video, software or
multimedia marketing. Provided that the client does not make any
changes or modifications to Design Tyme's work. The Client
shall notify Design Tyme of any mass distribution of the likeness
of its Website or webpages that Design Tyme has worked on.
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g:
Additions:
Changes to graphics,
text, coding & styles on the Client Website will be billed at $40.00
an hourly, in thirty (30) minute increments. the Client
will be charged $50.00 per page, for any additional page(s),
$75.00 and up, for any additional form(s), that are added
to the Client's Website during the life period of this contract.
the Client will be charged for custom coding at $50.00 an
hour. The addition of any custom created graphics, and images by
Design Tyme, will be billed at an hourly rate of $40.00.
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h:
Uploading and Installation:
Design Tyme will upload and install the changes to all of
the Client's web pages and Website on
the Client's server (Server fees are not included with fix
rates). Design Tyme will charge a fee of $100.00 for any
web page or total Website that is larger then 10MB, and $15.00 for each
additional 1MB above the 10MB limit.
NOTE: Most websites and web pages are under 3MB, and would
not be charged for uploading and installation.
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i:
Non-disclosure and Security:
Design Tyme takes the privacy and security of its customers
and it self very seriously. The Client shall have all it's information that
is obtained by Design Tyme, held in the strictest
confidences. Design Tyme shall not disclose or reveal any information obtained from
the client to any individual or other entity for the life of
this contract or until it has been released to the public by the Client.
All passwords, high security issues, ways of operation,
business practices and corporate secrets of the Client, that is
given to Design Tyme, shall remain in the highest
confidence and not reveled or given out by Design Tyme. The Client shall also
hold all information obtained from Design Tyme in the
highest confidence.
All business secrets, passwords, and high security issues,
obtained by the Client about the way Design Tyme operates
shall not be given out or revealed to anyone. Violation of these
security issues can result in penalty of the law.
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Copyrights and Ownership:
Any image, graphics, sound, music, custom coding or
scripts, text and any other material
supplied by the Client to Design Tyme. Will remain the
property of it's owner, whether it's the Client's or a 3rd
party. Design Tyme assumes, that any items or materials supplied by the
Client, for its web pages or Website, are legally and
lawfully obtained by the Client. The Client shall assume all the
legal rights and responsibilities of obtaining any
materials that it supplies to Design Tyme for its webpages. The Client shall
be held responsible for any unlawfully obtained materials and
related fees, it supplies to Design Tyme for its webpages. This
would include, but not limited to; legal fees, court fees,
lawyer fees, copyright violation fees, and all fees that would apply
from a copyright infringement lawsuit. Design Tyme shall
not reuse or modify any image, graphics, sound, music, custom coding or
scripts, text and any other material supplied by the Client,
for any other webpage or Website that Design Tyme works on,
without approval from the client.
Any image, graphics, sound, music, custom coding or
scripts, text and any other material supplied by Design
Tyme shall remain the property of Design Tyme. Design Tyme shall give the
right to the Client, to have any of its copyright material
used for the Client's web pages or Website for the length of this
contract. If this contract expires and the Client does not
retain Design Tyme to remain as their Website maintenance company.
Design Tyme has the right to remove all and any, image,
graphics, sound, music, custom coding or scripts, text and any other
material that was supplied by Design Tyme during the length
of this contract. Design Tyme shall assume all rights and legal
copyrights of any items supplied to the Client. Design Tyme
reserves the right to use the same images, likeness of, or modified versions
of any image, graphics, sound, music, custom coding or
scripts, text and any other material supplied by Design Tyme for any
other webpage or Website that Design Tyme is working or
will work on.
All Design Tyme logos, designs, images, and trademarks are
copyright Design Tyme 1997-2005.
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k:
ISP and Server Charges:
The Client understands and realizes that this contract does
not provide ISP (Internet Service Provider) services or a Web Hosting server. That
the Client must obtain their own Internet connection and
secure its own web space on a Web Server. That the charges
for a ISP and Web Server are not included in the prices
listed here for web development. The Client will also
provide Design Tyme the location of the ISP or web Server
that will be used for the maintenance of its Website or web pages. By
providing, any passwords, codes, URLs, directories, FTP
addresses, user names or any other information that is
directly involved or needed in order for Design Tyme
performing its obligation to the Client. The Client or Design Tyme shall
also inform the Client's ISP or web Host of the fact that
Design Tyme is maintaining the Client's Website or web pages, and that the
ISP shall allow Design Tyme to work on and make changes on
their servers or computers as needed.
NOTE: Design Tyme offers a full range of Web Services
for it's Clients, please Contact us to learn more.
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l:
Understanding of Contract and Terms:
The Client understands and agrees with these terms that are
listed. The Client, by hiring Design Tyme and going into this
agreement, acknowledges that he/she has read this contract
and will be bound to the terms of it. The Client acknowledges that Design
Tyme has the right to make this contract, and to terminate
it if the terms here as above are broken by the Client. Design Tyme
will not give refunds or exchanges for any terminated or
canceled contracts. If the contract is terminated for any reason,
the Client shall be billed for work not yet paid for, that
was done by Design Tyme.
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m:
Headings:
Headings used in the agreement are for convenience only and
shall not be used to interpret or construe its
provisions.
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n:
Notices:
All notices or other documents under this agreement shall
be in writing and delivered personally or fax
received, or mailed by certified mail, postage prepaid,
addressed to Design Tyme and the Client at their last known
addresses. Any extras that are added on by the Client, will be billed
by either an hourly or page rate. All additions must be
approved before, by the Client and submitted to Design Tyme
in writing and delivered personally or fax received, or
mailed by certified mail, postage prepaid, addressed to Design Tyme.
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o:
Expenses:
Design Tyme reserves the right to charge the Client all
and any additional fees or expenses which might occur
from the creation, maintenance or development of the
Client's Website or web pages. In which Design Tyme incurs
a cost or bill from an outside agency, organization, company or any
other entity. This would include, but is not limited to:
Travel Expenses, Long Distance Phone Calls, Obtaining specific
Programs or Plug-ins, Creating and producing all Printed
materials (such as; brochures, manuals, posters, etc.....),
Hiring outside contractors, Obtaining Specific hardware or
computer equipment, Obtaining specific licenses or
copyrights, Obtaining specific equipment, All reproduction
cost of the Client's website or webpages (such as; Reproducing on Floppy
disks, Zip disks, CD Roms, or any other
portable computer medium.), Obtaining an ISP or Web Space
for the Client. Design Tyme shall inform the Client and
receive written approval, by the Client. Before beginning any
development or obtaining any services, equipment or
software, that would require the need of an added Expense or Fee to
the Client.
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7. Design Tyme Billing and Payment Terms and Incentives
a: Introduction to Paying:
Design Tyme, like all other businesses that like to stay in
business, needs to be paid from its Clients
promptly and in full. Otherwise Design Tyme will go out of
business. Design Tyme does not practice giving away its
work or services for free. Even though The owners of Design Tyme understand
that nobody likes to pay for anything, we must charge our
Clients for our services. At Design Tyme we try to make it
as easy and painless as possible for our Clients to pay
us. By providing reasonable fees, payment plans and payment
incentives to our all of our Clients.
b: Payment and Billing Terms:
All orders and maintenance contracts must be accompanied by
at least 50% of the overall order when submitted. All extra maintenance and
additions that are billed at an hourly rate shall be billed
to the Client at the end of each month. All invoices must be paid
within thirty days(30) of invoice date. All maintenance fees
must be paid at least thirty days(30) before termination of
the maintenance contract.
All delinquent accounts will be
assessed a $25 charge if payment is not received within 30
days of the invoice date. If an account remains delinquent
31 days after its invoice date, an additional 5% penalty will
be added for each month of the delinquency. Design Tyme
reserves the right to remove or make unattainable any webpage or Website
or portion of the work, of a delinquent account until full
payment is received. (A setup and installation fee of
$100.00 would apply for returning the Client's Website and
$25.00 per web page, to be view on the Web or internet or an
in-house Intranet) Final payment of the balance shall be
made within 30 days of submission of the final invoice date (If
no other conditions apply, such as payment plans or long
term contracts) as hereinabove set forth and Design Tyme shall
be entitled to reasonable legal fees in the event the
services of an attorney or collection agency are necessary for collection.
Checks, Money Orders, and Wire Transfers must be made
out to Design Tyme (Bank account and routing information
available upon request). The Client will pay all appropriate
taxes that would apply State and Federal included. All
maintenance plans of six(6) months or less must be paid
within thirty (30) days of hiring Design Tyme. All maintenance
plans of seven (7) months or more can have a payment plan
worked out for either a quarterly or half year payment schedule.
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