By placing an order with Valsof Graphics Inc, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of Valsof Graphics Inc.
Valsof Graphics Inc: Primary designer/site owner & employees or affiliates.
This agreement constitutes the sole agreement between Valsof Graphics Inc. 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 from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.
All projects or services that Valsof Graphics Inc. may be contracted to produce or provide for CLIENT will be subject to the following:
1. Limitation of Liability
Valsof Graphics, Inc. shall not be held liable for any damages, including, but not limited to, the loss of data or profit, arising from the use of, or inability to use, this website or the materials on this website.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Valsof Graphics Inc. 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 Valsof Graphics Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Valsof Graphics Inc. 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 Valsof Graphics, Inc 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 Valsof Graphics Inc. has been advised of the possibility of such damages.
Our WordPress sites are released under the GNU Public License version 2.0.
2. Refusal to Service
Self Publishing, Inc. reserves the right to refuse service for any material that the Valsof Graphics Inc. feels is not legal, moral or in the best interest of Valsof Graphics Inc. but Valsof Graphics Inc. is not responsible for the content of any materials.
3. Web Hosting
The client understands that any web hosting services require a separate contract with the web hosting service. The client agrees to select a web hosting service which allows Self Publishing, Inc. full access to the website via FTP.
4. Domain Names
Valsof Graphics Inc may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Valsof Graphics Inc. For .com, .org and .net domains, reminder emails will be sent out to the client before the domain expires at ninety (90), sixty (60), thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date. In this case, the Client must notify Valsof Graphics Inc that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Valsof Graphics Inc. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
5. Media Delivery Requirements
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-Rom, DVD, 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, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by Valsof Graphics Inc to return to the Client any images or printed material provided for use in creation of the Client’s Web site, such return cannot be guaranteed.
6. Third Party Services Access Requirements
If the Client’s Web site is to be installed on a third-party server, Valsof Graphics Inc must be granted temporary read/write access to the Client’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.
7. Completion Date
Valsof Graphics, Inc. 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 30 days after the client has submitted all necessary materials. If the client does not supply Valsof Graphics, Inc. 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 can be assessed for each month until the web design project is published or the client cancels the web design project in writing.
8. 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 Valsof Graphics, Inc 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.
9. 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. The period of 1 month begins on the date the clients web design site has been published to client’s hosting service or 30 days from the date this agreement was signed, which ever 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
All payments are handled through PayPal . Domain Name, Hosting and Maintenance plan Subscriptions will automatically renew at the end of the year, and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can, however, cancel your subscription at any time from within the Valsof Graphics, Inc. account manager. If you do not cancel by the end of the year, you will be automatically billed for the next year.
Payments must be made promptly based on the agreed schedule. Delinquent bills may be assessed a $15 charge if payment is not received within 10 days of the due date. Valsof Graphics, Inc. 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 Valsof Graphics, Inc. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in Fort Lauderdale, Florida, US and any dispute will be litigated or arbitrated in Fort Lauderdale, Florida, US. Please pay on time. All payments will be made in US $ funds unless agreed upon in writing by both parties.
Typical downpayment structure may be as follows:
- By web design projects under $350.00; payment by ordering
- By web design projects over $350.00; 50% by ordering and 50% by publishing.
- By web design projects over $5,000.00; agreed in writing a down payment and payments by milestones.
Valsof Graphics Inc. reserve’s the right to refuse completion or delivery of work until past due balances are paid. Balance must be paid in full within 7 days upon CLIENT’S satisfactory approval that the project has been completed or there will be a 10% late payment fee.
11. Initial Payment, Cancellation and Refund Policy
If the client halts work after this agreement is signed the initial payment will be returned less the amount due based on the current hourly rate for the work completed, or $99.00, the greater of the two. Cancellation must be in writing and is effective upon receipt at Valsof Graphics, Inc. Notice must be mailed, e-mailed, or faxed to Valsof Graphics, Inc. Work completed shall be billed the current hourly rate. If at the time of the cancellation work has been completed the client shall be liable to pay the entire contract
USE OF THE SERVICE IMPLIES ACCEPTANCE OF THE ABOVE TERMS & CONDITIONS.