All services provided by Flat Rate Design & Hosting (Flat
to the Customer are subject to the following terms and conditions.
Acceptance. A copy of these terms and conditions must be
signed by all new customers at the time of submission of work to
Flat Rate, indicating agreement to and acceptance of these Terms
Communication. All e-mail communication between the Customer
and Flat Rate is considered binding according to the date sent and
received. Copies of all e-mail sent and received will be stored
and filed by Flat Rate and all instructions contained therein, is
considered a binding contract according to the date sent and received.
Charges. Once a design is agreed upon via e-mail or post
mail, charges for services to be provided by Flat Rate are defined
by negotiation and project agreement between the Customer and Flat
Rate. All Web site design services require an advance payment of
a minimum of twenty (20) percent of the initial project agreement
total when returning this signed agreement. The remaining eighty
(80) percent of the project agreement total will be due upon completion
of the work. Flat Rate reserves the right to change the rates for
ongoing maintenance by posting the rate changes to the Flat Rate
Design & Hosting web site (http://www.flatratewebsites.com).
Payment for services is due by check, money order, or credit card
Customer Review. Flat Rate will provide the Customer with
an opportunity to review the appearance and content of Web site
materials throughout the design process.
Turnaround Time. Flat Rate will install and publicly post
the Customer's web site by the date initially specified in the communication
between Flat Rate and the Customer, or if no such date is specified,
within four weeks of the date complete payment is received from
the Customer, unless a delay is specifically requested by the Customer.
Payment. Invoices will be provided by Flat Rate upon completion
of the work for Web site design services, and any maintenance services.
The Customer may elect to receive either e-mail or hard copy invoices.
Invoices are due upon receipt. Accounts that remain unpaid thirty
(30) days after the date of the invoice will be assessed a service
charge in the amount of one and one-half percent (1.5%) per month
of the total amount due.
Default. Accounts unpaid thirty (30) days after the date
of invoice will be considered in default. If the Customer in default
requests further services or maintenance to their web site, Flat
Rate may decline until any outstanding charges assessed to the Customer's
account are paid. Checks returned for insufficient funds will be
assessed a return charge of $25 and the Customer's account will
immediately be considered to be in default until full payment is
received. Customers with accounts in default agree to pay Flat Rate
reasonable expenses, including attorney fees and costs for collection
by third-party agencies, incurred by Flat Rate in enforcing these
Terms and Conditions.
Termination. Termination of services by the Customer must
be requested in a written notice with the Customer's signature and
will be effective on receipt of such notice. E-mail or telephone
requests for termination of services will not be honored. The Customer
will be invoiced for design work completed to the date of first
notice of cancellation for payment in full within thirty (30) days.
Legal & Content Restrictions. Flat Rate's services may be
used for lawful purposes only. Submission, transmission, or maintenance
of any information or materials in violation of any state or federal
statutes and/or regulations is prohibited. This includes, but is
not limited to, material legally judged to be threatening, inappropriate
or obscene. All hosted sites are required to maintain the dignity
of Flat Rate and not reflect the Flat Rate in a negative way. Sites
may not consist of pornography and/or objectionable material (racist,
sexist, foul language, etc.). All material considered "adult"
or profane by Flat Rate will not be allowed on Flat Rate's servers.
Flat Rate reserves the right to refuse service to anyone without
providing further reason or cause.
Copyright. Customer retains the copyright to data, files
and graphic logos provided by the Customer, and grants Flat Rate
the rights to publish and use such material in advertisement and
promotion of Flat Rate. Custom artwork and graphic logos designed
by Flat Rate for use in the Customer's Web presentation will remain
the property of Flat Rate; at its discretion, Flat Rate will grant
the Customer rights to use such material in formats other than Web
presentations. A separate written agreement must be entered into,
in the event that the Customer wishes to obtain all rights for custom
artwork or graphic logos designed by Flat Rate. The Customer must
obtain permission and rights to use any information or files that
are owned or copyrighted by a third party. The Customer is further
responsible for granting Flat Rate permission and rights for use
of the same and agrees to indemnify and hold harmless Flat Rate
from any and all claims resulting from the Customer's negligence
or inability to obtain proper copyright permissions. Every contract
for Web site design and/or placement shall be regarded as a guarantee
by the Customer to Flat Rate that all such permissions and authorities
have been obtained. Evidence of permissions and authorities may
be requested by Flat Rate and must be provided within 10 days of
Standard Media Delivery. Unless otherwise specified in the
project proposal, this Agreement assumes that all text will be provided
by the Customer in electronic format (ASCII text files delivered
on floppy disk or via e-mail 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 or .tiff
format. Additional expenses may be incurred and will be invoiced
accordingly for corrective work, conversion of media or outside
facility charges. Although every reasonable attempt shall be made
by Flat Rate to return to the Customer any images or printed material
provided for use in creation of the Customer's Web site, such return
cannot be guaranteed.
Design Credit. A link to Flat Rate may appear in either small
type or by a small graphic at the bottom of the primary "home"
page of the Customer's Web site. If a graphic is used, it will be
design to fit in with the overall site design.
Access Requirements. If the Customer's Web site is to be
installed on a third-party server, Flat Rate must be granted temporary
read/write access to the Customer'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.
Right To Pull. By signing this Agreement, the Customer agrees
to give Flat Rate "on demand" access to the Customer's
installed Web site regardless of where it is hosted, and further
agrees that Flat Rate shall have the right to remove that site from
public posting for failure to adhere to the terms of this Agreement,
including violation of any licensing agreements or failure to pay
fees duly assessed.
Post-Placement Alterations. Flat Rate cannot accept responsibility
for any alterations caused by a third party occurring to the Customer's
pages once installed. Such alterations include, but are not limited
to additions, modifications, or deletions.
Indemnity. The Customer agrees to indemnify and hold harmless
Flat Rate from any and all claims resulting from the Customer's
use of Flat Rate's services which cause damage to the Customer or
a third party.
Disclaimer. Flat Rate makes no warranties of any kind, whether
express or implied, for the services it provides. Flat Rate also
disclaims any warranty of merchantability or fitness for a particular
purpose. Flat Rate will not be responsible for any direct, indirect
or consequential damages which may result from the use of its services
including loss of data resulting from delays, non-delivery or interruption
in service. The Customer acknowledges and agrees that Flat Rate
cannot guarantee the absence of service interruptions caused by
Acts of God or other circumstances beyond its control.
General. These Terms and Conditions supersede all previous
representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of any order
submitted, save only for any exceptions specifically outlined in
the project proposal. The Customer's signature below constitutes
agreement to and acceptance of these Terms and Conditions. Flat
Rate reserves the right to change the terms and conditions of the
acceptance of future orders for authoring and placement of the Customer's
Governing Law. This Agreement shall be governed by the laws
of the State of Utah of the United States of America, which shall
claim venue and jurisdiction for any legal motion or claim arising
from this Agreement. This Agreement is void where prohibited by