Bargain Business Websites - Design Services Agreement

All services related to Bargain Business Websites Web Design Services Agreement (“Design Services”) are provided to you, the user, together with any company or other business entity you are representing, if any, (collectively, "You") pursuant to the Design Services Agreement (located at http://www.BargainBusinessWebsites.com) between You and Bargain Business Websites. You agree to be bound by the Design Terms, any amendments to these Design Terms, and to such terms and conditions as are incorporated herein by reference.

1. Design and Update Services

The Design Services consists of a template based website built in accordance with the information provided by You. If You sign-up for Design Services, Bargain Business Websites will provide You with the services as outlined below.

(a) Description of Design Services. You understand and agree that Bargain Business Websites will design the website solely in accordance with the information provided by You during the discovery / intake phase. After Bargain Business Websites receives all complete information from You, Bargain Business Websites will deliver a mock-up site for your review prior to the site entering the development phase. The mock-up will give you the opportunity to ensure the site meets the template specifications. Once the mock-up is approved by You, development will begin. Delivery time may vary depending on business conditions, however you will be given an estimated completion date at the time of sale. You understand that no design activity will begin until all content (i.e. web site copy, photos, etc.) has been provided by You and such content has been received by the Bargain Business Websites design team. The website will be made available for You to view prior to hosting for purposes of editing for corrections to content only. Editing beyond correction of content will be considered as additional services subject to additional fees or part of the hourly rate (if selected by You) and will be billed as such. You understand that any such additional services may affect the delivery time. Upon completion, Bargain Business Websites will attempt to contact You via the contact information You last provide to Bargain Business Websites to notify You that the site is ready to publish. In the event that You do not respond within ten (10) business days, the site shall be deemed "accepted" by You and Bargain Business Websites will deem the service engagement completed (together, the "Design Services").

(b) Additional Pages. Additional pages may be added to Your template site design for an additional fee that will be quoted to you upon receiving your request. You understand and agree that Bargain Business Websites will provide additional pages in accordance with the information provided by You in the form sent via email or in subsequent telephone conversations. The website modifications will be made available for You to view prior to hosting for purposes of editing for corrections to content only. Editing beyond correction of content will be considered as additional services and will be billed as such. You understand that any such additional services may affect the delivery time. Bargain Business Websites will attempt to contact You to notify You that the additional pages are completed, and ready to publish. In the event that You do not respond within ten (10) business days, the pages shall be deemed "accepted" by You and Bargain Business Websites will deem the service engagement completed (together, the "Additional Pages").

(c) Hourly Updates. The Hourly Updates service provides You with website design services on an hourly basis. You understand and agree that Bargain Business Websites will make changes and updates to Your site in accordance with the information provided by You in the form sent via email and in subsequent telephone conversations. The website modifications will be made available for You to view prior to hosting for purposes of editing for corrections to content only. Editing beyond correction of content will be considered as additional services and will be billed as such. Furthermore, You understand that any such additional services may affect the delivery time. Bargain Business Websites will attempt to contact You to notify You that the updates are complete, and ready to publish. In the event that You do not respond within ten (10) business days, the updates shall be deemed "accepted" by You and Bargain Business Websites will deem the service engagement completed (together, the "Hourly Updates").

2. Your Responsibilities

You acknowledge and agree that:

a. The setup and other fees applicable to the Design Services and Hourly Updates are non-refundable once development work has commenced. It is the customer's sole responsibility to ensure that Bargain Business Websites receives all necessary content in order for design work to begin.

b. You must send content and graphic images in electronic format. Fax copies and handwritten or typed hardcopy letters cannot be received.

c. Once You receive a link to the completed site, You have ten (10) business days to respond with approval or revisions. Upon approval, or if there is no response from You within 10 business days, the site shall be deemed "accepted" by You and Bargain Business Websites will deem the service engagement completed.

d. If You have revisions to the website, Bargain Business Websites will complete the revisions and send You a final proof of the site. You will be given an additional 10 business days to approve or make final alterations before the site shall be deemed "accepted" by You and Bargain Business Websites will deem the service engagement completed.

e. YOU ARE RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR SITE, INCLUDING ACCURATE SPELLING AND GRAMMAR. BARGAIN BUSINESS WEBSITES WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES.

f. You understand that the Bargain Business Websites design team will not maintain copies of files or documents that are sent by You, and that You are solely responsible for backing up this data.

g. You understand that You are prohibited from distributing or selling any of the pre-designed templates made available to you.

h. You understand that You are prohibited from distributing or selling any of the images made available to you in the pre-designed template.

i. You understand and agree that Bargain Business Websites’s performance under these Design Terms may be dependent upon Your timely and satisfactory performance of Your responsibilities. In the event that Bargain Business Websites is unable to perform or is delayed in performing its responsibilities under these Design Terms as a result of Your delay or failure to perform Your responsibilities, the parties will discuss, mutually agree to and document, in a change order, any modified roles and/or fees associated with such delay or failure.

3. Rights and Licenses

(a) "Your Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), provided by You to Bargain Business Websites.

(b) The graphics utilized from Bargain Business Websites’s graphics library are licensed from third-party suppliers. Bargain Business Websites provides You a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement.

(c) "Background Technology" means computer programming/formatting code or operating instructions developed by or for Bargain Business Websites and used to create any portion of a website or used to operate the website or a Web server in connection with a website. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, website templates, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form, dynamically driven, or provided in any other format. Background Technology does not include any of Your Content or any derivatives, improvements, or modifications of Your Content.

4. Disclaimer of Warranty, Indemnification and Limitation of Liability

In addition to the provisions in the Agreement, You agree to the following:

(a) Disclaimer of Warranty. BARGAIN BUSINESS WEBSITES, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE DESIGN SERVICES AND HOURLY UPDATES, ON AN "AS IS" BASIS. BARGAIN BUSINESS WEBSITES EXPRESSLY DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. BARGAIN BUSINESS WEBSITES, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE DESIGN SERVICES AND HOURLY UPDATES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 5 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

(b) Limitation of Liability. IN NO EVENT SHALL BARGAIN BUSINESS WEBSITES, ITS PARENT COMPANY, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DESIGN SERVICES OR HOURLY UPDATES (HOWEVER ARISING, INCLUDING NEGLIGENCE).

(c) Indemnification. You agree to indemnify, defend, and hold harmless Bargain Business Websites, it’s parent company, affiliates, suppliers, and service providers, and their officers, directors, agents, and employees from and against any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a) Your use of the Design Services and/or Hourly Updates, (b) any breach of these Design Terms or the documents it incorporates by reference, or (c) any violation by You or users of services You offer through Your website, of any laws, regulations or rights of others. The indemnity rights herein shall not be limited or offset by any contributory negligence by Bargain Business Websites.