Flat Rate Design & Hosting
Affordable Site Design for the World Wide Web.
Terms and Conditions
All services provided by Flat Rate Design & Hosting (Flat Rate)
to the Customer are subject to the following terms and conditions.

1. 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 and Conditions.

2. 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.

3. 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 via PayPal.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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 first notification.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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 pages.

19. 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 law.