This agreement applies between Black Dog Blacksmith and Built Agency. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your acceptance of these terms and conditions and your electronic signature of this document. If you do not agree to be bound by these terms and conditions, you should not submit any material.
Black Dog Blacksmith is engaging Built Agency. Black Dog Blacksmith hereby authorizes Built Agency to access their account, and authorizes the web hosting service to provide Built Agency with "write permission" for Black Dog Blacksmith's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. Black Dog Blacksmith also authorizes Built Agency to publicize the completed website to Web search engines, as well as other Web directories and indexes.
Black Dog Blacksmith agrees to pay Built Agency in accordance with the terms specified in the proposal/estimate/rate. Client requested changes during development would be billed additionally. The client will be notified, and must approve verbally or in writing, of any price changes. Billing is executed on the last day of the month. All invoices are billed with NET 10 due dates unless prior arrangements have been made between Black Dog Blacksmith and Built Agency. All prices specified in a contract will be honored for six (6) months after both parties sign the contract. Continued services after that time will require a new agreement.
KINDS OF PAYMENTS
Built Agency allows for multiple ways of payment. Checks and banks transfers are the preferred method. Most banks offer bank transfers at no charge. Check with your local branch to see if this is the case for you. Please contact Built Agency for any specific information your bank needs. Most major credit cards are also accepted. If a payment is made on-line using a credit card, Paypal account, or any other means of electronic payment, the payment may be susceptible to fees charge to process the payment.
Delinquent bills will be assessed a $15 charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. If an amount remains delinquent 60 days after its due date, Built Agency reserves the right to remove the webpage(s) from viewing on the Internet until final payment is made. Any items created by Built Agency including logos, mock-ups, website designs, print work, photography, scripts, and domain names remain property and copyright of Built Agency until the payment is paid in full by the client. We reserve the right to refuse completion or delivery of work until past due balances are paid. Final payment must be received before public release of any website or marketing campaign. Built Agency reserves the right to terminate relationships due to excessive late payments (3 or more).
In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by a Built Agency representative.
If Black Dog Blacksmith halts work and applies by registered letter or email for a refund within 30 days, to Built Agency, work completed shall be billed at half of the initial payment, the balance of which shall be returned to Black Dog Blacksmith. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, Black Dog Blacksmith shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
Fees for professional services do not include outside purchases such as, but not limited to, printing, photo purchasing, third party software, pay-per-click advertising, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to California sales tax unless 1) You are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to Built Agency.
REVISIONS AND ALTERATIONS
New work requested by Black Dog Blacksmith and performed by Built Agency after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
USE OF THIRD PARTY TOOLS
In most website and application developments, third party tools are utilized to decrease both development time and cost. While Built Agency will research and review any third party tool prior to launching in a live environment, Built Agency cannot be held responsible for disruptions to service, programming conflicts, or other issues arising from the use of these third party tools.
LIMITATIONS OF THIRD PARTY TOOLS IN DEVELOPMENT
The basic plan includes up to 2 premium plugins at a maximum cost of $50 per plugin. Configuration for each plugin will be created for each website's needs. Content within each plugin may be limited. As an example, a gallery plugin may have a limit of one category and 10 pictures per project built by Built Agency. Limitations for each will be discussed prior to development. Configuration time per plugin shall not exceed two (2) hours.
Due to the nature of the basic plan package, limitations must exist on the size of each page designed and developed. In most cases, development time will be limited to no more than 8 hours per page. Built Agency will discuss with Black Dog Blacksmith if it is determined that the content provided with exceed this limit.
Any information you provide to us at our Web site when you establish or update an account, (i.e. name, address, e-mail address, telephone number, artwork, graphic files, intellectual property, etc), is maintained in private files on our secure Web server and our internal systems. This information is used to enable Built Agency to deliver quality services and products to you. At no time will your information be shared with a third party. Built Agency also guarantees that all provided information will be kept confidential. Individual NDA contracts are available to Built Agency clients.
NATURE OF COPY
Black Dog Blacksmith agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.
ERRORS AND OMISSIONS
It is Black Dog Blacksmith's responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations and algorithms. Built Agency is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation outside of web development.
PLACEMENT OF ADVERTISING
At your request, we will purchase media space on your behalf. Space will be billed to you at current rates plus the standard agency commission which currently stands at 15%.
EDITS DURING DEVELOPMENT
It is the goal of Built Agency to provide a project that meets clients expectations. Built Agency will revise project during design and development phase per client's request with a mutual understanding that such revisions not be excessive.
SINGLE POINT OF CONTACT
All changes, updates, approvals, and modifications should come through a single point of contact, decided at the onset of a project, in order to keep the project on task and on time. Any inquiries made outside of this point of contact will be pushed through the point of contact for verification.
PROPERTY AND SUPPLIER'S PERFORMANCE
Built Agency will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Built Agency is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.
All materials or property belonging to Black Dog Blacksmith, as well as work performed, may be retained as security until all just claims against Black Dog Blacksmith are satisfied.
RIGHTS OF OWNERSHIP
Once a project has been delivered by us and is fully paid for by Black Dog Blacksmith, Built Agency will assign the reproduction rights of the design for the use(s) described in the proposal. According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Built Agency, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of "All Rights" (A Buyout) has been negotiated with Built Agency, a transfer of rights has not been established, and you may not use and reproduce the photography from Built Agency for other projects other than the one(s) originally stipulated. All designs and illustrations by Built Agency may not be used or reproduced for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures and similar media.
TERM AND TERMINATION
The term of this agreement will continue for work in progress until terminated by either of us upon written or verbal notice. If you should direct us at any time to cancel, terminate or "put on hold" any previously authorized purchase or work, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, Built Agency will transfer to Black Dog Blacksmith all your property and materials in our control and for which you have paid. Black Dog Blacksmith will indemnify and hold Built Agency harmless for any loss or expense (including attorney's fees). This includes, but is not limited to assertions made against Black Dog Blacksmith and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
If work has not been performed 6 months after the last project has been completed, we agree to store your projects on computer disks for a period of another 6 months beyond the delivery of the last job. Thereupon, we reserve the right to discard them. Any projects on hold will be stored for 6 months. Built Agency will make every attempt to contact client prior to the end of 6 months. If contact cannot be made, project will have been considered abandoned and all files will be the property of Built Agency and will be destroyed upon discretion.
Hosting is included for three (3) months, beginning at project initiation. Black Dog Blacksmith must inform Built Agency if they wish to move hosting to another provider. Moving the website to another host will be the sole responsibility of Black Dog Blacksmith.
Production schedules will be established and adhered to by both Black Dog Blacksmith and Built Agency, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of Black Dog Blacksmith or Built Agency. Where production schedules are not adhered to by Black Dog Blacksmith, final delivery date or dates will be adjusted accordingly.
Black Dog Blacksmith requests the ability to promote Built Agency with a link back located on a visible but unobtrusive section of the website. Built Agency also requests the ability to reproduce samples of the Black Dog Blacksmith's project in our portfolio and in our marketing material.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of California applicable to agreements entered into and performed in the State of California.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
I, Black Dog Blacksmith, sign this electronic document stating I have read and agreed to all of the above in cooperation with Built Agency in production and deployment of the Small Business Wordpress Website Basic Plan.
I have read, understand and agree to these Terms & Conditions.
Please sign using a stylus, your mouse, or your finger below to authorize this contract. By electronically signing this document, you agree to the terms established above. After the document is signed, you can proceed to print it.
Signed by Kyle Mccloskey on Sun Nov 10 2019 03:51:47 GMT-0600 (Central Standard Time)
IP Address: 184.108.40.206