DELIVERY OF CONTENT
This agreement assumes that CLIENT will provide all text in electronic format on computer disc, email or made available by ftp. All photographs and other graphics are to be provided in high quality print suitable for scanning or on a computer disc in a standard graphic format (TIFF, JPEG, GIF, BMP, or PNG).
COPYRIGHT AND PERMISSION
It is the sole responsibility of the CLIENT to obtain all necessary permissions and authorizations with regard to the use of all copy, graphic images, company logos, trademarks and or any other supplied material. Every contracted work will be seen as a guarantee that all such permissions have been obtained.
This agreement includes custom code related to page design, layout and functionality that is property of Final Creations. Such code is licensed to the CLIENT for use only as installed by Final Creations and only for this one site. This code may not be distributed modified or copied with out express written consent of Final Creations under Itellectual Property Laws.
ACCESS & RIGHTS
Final Creations must be granted access to the server directory where the design is to be placed. By signing this agreement, it is also granting Final Creations full "on demand" access to the installed files. CLIENT further agrees that Final Creations shall have the right to remove "our" design from public view for failure to adhere to the terms of this agreement. These could include violating licensing agreement or failure to pay fees duly assessed.
Final Creations cannot and will not be held responsible for modifications, alterations, or deletions made by any third party. CLIENT acknowledges and agrees that Final Creations has no control over and will not be liable for the unlawful acts of others who access CLIENT'S installed and publicly posted materials.
CLIENT agrees that a link to Final Creations can be added to the bottom of each page in the CLIENT'S site. Link will be in the form of a very small graphic and/or text link.
RIGHT OF REFUSAL
Final Creations reserves the right to refuse service for any content deemed inappropriate, illegal or immoral. Final Creations may cancel this agreement for failure of CLIENT to abide by these terms.
"SUBMITTED FOR YOUR APPROVAL"
Final Creations will post all site work done to our server for review by CLIENT. This will allow the CLIENT an opportunity to review the appearance and content of scripted material. All custom programming and custom graphics including logos, animations and flash programming provided for CLIENT per the original contract will be considered as part of the finished product even if the CLIENT decides not to use. If the CLIENT request changes outside the limits of original contract, CLIENT agrees to pay Final Creations web design fees on a per hour basis. Unless Final Creations is notified via email within ten (10) days of posting review, Final Creations will consider the material deemed acceptable by the CLIENT. Payment of the fee balance will then become due.
POSTING TO SERVER
Upon payment of balance, Final Creations will post (install) pages to CLIENT'S server (site location). This may take several days depending on the setup times and server side changes that need to be made.
CLIENT acknowledges and agrees that Final Creations cannot guarantee constant service because of the variables involved. Circumstances beyond our control include but are not limited to service interruptions caused by Acts of God, telecommunications system failures and server problems.
Final Creations will provide maintenance plans for CLIENT at a predetermined fee if said CLIENT request said plan. If CLIENT requests any changes above and beyond the original contract, said CLIENT will pay Final Creations at the normal per hour web design rate.
SUBJECT TO CHANGE
Terms and conditions Agreement is subject to change without prior written notice by Final Creations (includes prices for services).
ACCEPTANCE OF TERMS
Placing an order or contracting Final Creations for web design or graphic design will be regarded as acceptance of these Terms and Conditions. Placing an order with Final Creations can initially be done by email but must be confirmed by postal mail which will include a signed copy of this agreement.