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This Agreement ("Agreement") is by and between DGSwift.com ("DGSwift.com") a/an individual and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution.

 

TERM OF SERVICES

DGSwift requires 50% of the total amount due to start the design project. The remaining balance must be paid upon approval of visual look and feel or 60 days after beginning the project, whichever comes first, regardless of project status. If 60 days has passed, the remaining balance is due regardless of project status.

                           

All content for the web site is to be provided in digital format by You in a timeline manner not to exceed 2 week from signed contract. Meeting project deadlines will be dependent on the provision of content/information for the project by the Client. Failure by You to provide content/information promptly will result in the project deadline being re-scheduled or canceled.

                   

DGSwift agree's to work expeditiously to complete the Project no later than 45 days after You have submitted all necessary materials. If You do not supply DGSwift with finalized text and graphics within 60 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by DGSwift as liquidated damages and the agreement shall become null and void, at DGSwift’s option, unless the Project is cancelled in writing by the Client prior to 60 days of the effective date of the agreement.

Additional Services provided to You by DGSwift, including but not limited to, hosting, domain names and web marketing services, shall be provided to You and billed at your approval and expense. Hourly rates are subject to change. Projects outside the scope, web site maintenance, monthly web site updates, changes and additions are billed separately at an hourly rate.

DGSwift will only use materials that are in accordance with copyright laws and the You will not provide material to DGSwift for use in a web site design that violates such laws. You accept all responsibility for accuracy of any text, images, artwork, photos, or the like. You shall insure all material provided does not violate any copyright laws.

DGSwift shall not be held liable for the accuracy of any information supplied by You and contained in your website.

DGSwift will be given final approval of a design by You before developing the web site. Changes to the design after approval has been given and development has begun are not included in the initial agreement and are therefore billed at an hourly rate.

                                    

Template driven web site, and or, Web Site Tonight® services that are built in real time will be notified via email of the live web site for proofing and approval. This service does not offer a prior proof before developing because it is sole tied into your hosting plan. You will reply within 7 business days of changes, correction or approval.

                       

The cost assumptions or cost estimates agreed upon by DGSwift and You are based on the requirements specified in the accepted proposal. Any change in the requirements or delays in communication will have a direct impact on the cost of the project.

All payments to DGSwift are non-refundable. Payments must be made promptly based on the terms of this Website Design Project Payment Schedule. DGSwift reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. DGSwift reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.

On the agreed completion date, milestone and or visual look and feel approval You will be invoiced for the agreed fees as detailed in the Proposals Payment Schedule. DGSwift sends all invoices via email only and all invoices are due on presentation.

In case any invoice is overdue for more than 10 days, DGSwift reserves the right to stop work without any further communication.

DGSwift will not give out confidential information, including but not limited to names, addresses and trade secrets. DGSwift agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.

A valid cancellation will take place if the same is communicated in writing (with authorized signature by You) or emailed by You and or your project manager/sponsor and is mutually agreed upon or full and final payment having been received by DGSwift with respect to project.

This Agreement is effective as of the Effective Date and shall continue unless terminated; DGSwift may terminate this Agreement after five (5) days' written notice to You if You materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay DGSwift for all Services provided to You by DGSwift prior to termination.

INTELLECTUAL PROPERTY:

All intellectual material designed and/or developed by DGSwift shall remain sole property of DGSwift until final payment by You for services rendered. DGSwift retains all trademarks, copyrights, licenses and other rights to the intellectual property produced for the client of that which is not already under copyright or license by You until such final payment is made.

 

Unless an approval process is specified herein or in a Statement, all Web sites provided by DGSwift to You will be deemed accepted when delivered.

DGSwift reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. DGSwift may make changes or modifications to referenced policies and guidelines without notice to you..

LIMITS OF LIABILITY:

In addition to the statements above, any client who chooses to have DGSwift build and/or maintain a client's web site, the client is agreeing to accept the limits of liability statements below.

IN NO EVENT SHALL DGSWIFT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF DGSWIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You may register a domain name and/or hosting account from any services provider. Should You desire DGSwift to recommend or even set up domain registrar or hosting provider for You, You will not hold DGSwift liable for any shortcomings from any domain or hosting provider chosen in the client's behalf.

                   

Once your web site is uploaded to the server, outages can occur at times which may cause the client's web site to be unavailable for an undetermined amount of time. DGSwift.com utilizes vendors such as LaunchHere.com for all domain name, hosting and Web Site Tonight® services. Outages are normally resolved quickly as most providers maintain a 99.9% uptime standard.

 

DGSwift.com provides web design services (labor) and depends on third parties for non labor related web site services such as, hosting, email and domain registration services. You agree that DGSwift shall not be bound by any representations made by third parties who You may use to purchase Services from DGSwift. DGSwift’s preferred partner for these web site related services is LaunchHere.com a Wild West Domain Name service provider. Please visit LaunchHere.com for the Universal Terms of Service for LaunchHere.com Software and Service.

 

DGSwift is not liable for any damages or financial business loss due to the client's domain name expiring.

 

You are responsible for paying for non labor related web site services, such as, domain name, hosting, content management, Web site Tonight® design services, email accounts by the due date as communicated by the hosting and domain name provider to Web site Tonight®. Notification will be made to You by email according to the lead-time specified by the domain registrar. Failure to pay the these Web site related services by the due date can cause the lose your domain name, hosting, content management, Web Site Tonight® design services and email accounts. DGSwift.com is not responsible for reminding You to make any payment due to retain these services. You are responsible for making arrangement for payment according to the payment terms specified by LaunchHere.com or clients chosen domain name and hosting provider. Terms of service are available by visiting the domain registration and hosting providers web site.

 

If You have purchased Services or Software from LaunchHere.com, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, LaunchHere.com will not refund any amounts You have paid. Please visit LaunchHere.com for the Universal Terms of Service for LaunchHere.com Software and Service.

 

You agree that You will be responsible for notifying LaunchHere.com should You desire to terminate Your use of LaunchHere.com 's Services. Notification of Your intent to terminate must be provided to LaunchHere.com no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. Please visit LaunchHere.com for the Universal Terms of Service for LaunchHere.com Software and Service.

If you terminate or cancel Services or Software from LaunchHere.com the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, You will not be refunded any amount(s) You have paid. You agree that LaunchHere.com shall not be bound by any representations made by third parties who You may use to purchase Services from LaunchHere.com , and that any statement of a general nature, which may be posted on LaunchHere.com ’s Web site or contained in LaunchHere.com ’s promotional materials, will not bind LaunchHere.com . LaunchHere.com may, at times, offer certain promotions with different charges and features.

 

You agree that You will be responsible for notifying LaunchHere.com should You desire to terminate Your use of LaunchHere.com 's Services. Notification of Your intent to terminate must be provided to LaunchHere.com no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.

 

DGSwift.com is not liable for the loss of the client's web site files should the client default or not pay to keep their hosting account current.

 

Upon request, DGSwift may set up an online email account if this feature comes with the domain or hosting package. DGSwift may charge a fee for providing this service to the client based on the time it takes to complete the setup process. DGSwift is not responsible for any online email or online email feature associated to the online email account. Client can expect to receive unwanted spam with any email account. You hold DGSwift harmless if any offensive email is received associated to the online email account. DGSwift is not responsible for nor will configure a client's local email account designed to download email from the online email account.

                   

Customer Information:

DGSwift will not share any personal or account information provided by the client unless the client provides written permission to do so.

This agreement constitutes the sole agreement between DGSwift and the Client regarding this Web Design Project. Any additional work not specified in this agreement must be authorized by a written request signed by both Client and DGSwift. These terms and conditions apply to web design. Other projects or services may be bound by separate terms and conditions.

 


Company Details

Company Hours:
Monday - Friday: 8am-5pm est. (by appointment)

 

Company Address:

Mail: 5903 South Elm Avenue | PO Box 131
Tel: 518.935.4537
Cell: 518.935.4537
E-mail: designgroup@dgswift.com

Millerton NY