audio-logic.net web solutions® Terms and Conditions: 1. Authorization. The above-named Client, is engaging audio-logic.net as an independent contractor for the specific purpose of designing a World Wide Web site to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes audio-logic.net to access this account, and authorizes the Hosting Service to provide audio-logic.net and its owner, Matt Cannon, or any designer working for the client, on behalf of audio-logic.net, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes audio-logic.net to submit the completed Web Design Project to major Web Search Engines. 2. Development. This Web Design Project will be developed using Macromedia® Dreamweaver, and Adobe Photoshop CS3. * Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. audio-logic.net represents and warrants that the web site we design for you will work in: o Microsoft® Internet Explorer versions 5 and up o Netscape Navigator/Communicator version 4 and up o Mozilla Firefox version 1.0 and up o Safari Firefox version 3.0 and up While audio-logic.net will make reasonable efforts to design a fully-functional web site, audio-logic.net's warranty does not cover AOL, text-based browsers or requested special effects that we have advised you against. * For People with Disabilities – audio-logic.net' standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors. 3. Assignment of Web Design Project. audio-logic.net reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion. 4. Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to audio-logic.net 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, indemnify and defend audio-logic.net and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. 5. Web Site Maintenance. This agreement allows for minor web site maintenance to pages for the lifetime of your web site agreed upon hourly charge at signup, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette, U.S. mail and e-mail. The period begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the $50.00 per hour rate. (Notice: This rate is subject to change at any time.) 6. Completion Date. audio-logic.net 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 Client has submitted all necessary materials. If the Client does not supply audio-logic.net with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by audio-logic.net as liquidated damages and the contract shall become null and void, at audio-logic.net' option, unless the Web Design Project is canceled in electronic confirmation by the Client prior to 45 days of the effective date of the agreement. 7. Project Delivery. The final web site design project will be published to the Client's hosting service and/or audio-logic.net web hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that if hosting is not provided by audio-logic.net, then the Hosting services will require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows audio-logic.net full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges. * Publishing: o If the hosting service has FrontPage®98 extensions installed and the extensions are not configured correctly to support publishing/FrontPage®98 functionality, audio-logic.net will not be responsible for problems arising from improperly installed FrontPage®98 Extensions. o There is no charge to publish the site if the hosting service does not have FrontPage®98 extensions installed and audio-logic.net must use an FTP. 8. Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend audio-logic.net and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs. 9. Web Design Project Copyright. Copyright to the finished web design site produced by audio-logic.net will be owned by Matt Cannon and/or audio-logic.net. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. audio-logic.net and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to audio-logic.net' Design Services Web Site. 10. Payments. Payments must be made promptly based on the terms of this Web Site Design Project. audio-logic.net reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 30 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when moved live onto the clients domain by audio-logic.net. The Client agrees that for purposes of venue, this agreement was entered into our system by means of the signup.html form, and any dispute will be litigated or arbitrated in Los Angeles, California and the Client hereby consents to the personal jurisdiction of the California State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars. payment is due prior to the first day of the invoiced billing period. Accounts are automatically renewed on a quarterly basis unless a written request for termination has been submitted as described above. Payments are non-refundable once a billing period has commenced. Accounts are in default if payment is not received by the date of invoiced billing date. A $15 late fee is assessed 15 DAYS AFTER THE BILLING PERIOD DUE DATE to all accounts that remain in default. If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of $25 from us. Accounts in default may have their service interrupted ANY TIME AFTER THE 15TH DAY. Such interruption does not relieve you from the obligation to pay the invoiced charge PLUS ANY LATE OR COLLECTION FEES. Accounts in default are subject to an interest charge of 1.75% per month on the outstanding balance. If your state law does not allow an interest rate of 1.75% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay audio-logic.net its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. audio-logic.net reserves the right to deactivate your account and/or interrupt your services, either temporarily or permanently, in the event of payment problems including but not limited to: recurring late payments, declined credit payments and returned checks. audio-logic.net may also deactivate your account should any of the terms herein be violated. Deactivation of your account will not relieve you from the obligation to pay the invoiced charge. 11. Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Not withstanding any prices listed in literature or on Web pages, the Client and audio-logic.net agree that the services described in this contract, and the Package Price, shall be completed for the agreed price. The Client agrees to pay to audio-logic.net an initial, non-refundable deposit of 50% of the estimated total cost upon execution of this agreement. Final payment is due within 30 days prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars. 12. Legal Notice. Not withstanding anything to the contrary contained in this contract, neither audio-logic.net nor any of its employees or agents, warrants 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 Matt Cannon and/or audio-logic.net be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, 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 your site visitor's computer or Internet software, even if audio-logic.net has been advised of the possibility of such damages. 13. This Agreement. This agreement constitutes the sole agreement between audio-logic.net and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and audio-logic.net. All prices specified in this contract will be honored for 1 year after both parties sign this contract. Continued services after that time will require a new agreement. The undersigned (checking the "I agree to the above terms" radio box) hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties.

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