Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Cherubini Co., acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Agreement for Email, Hosting, SEO (Search Engine Optimization), Web & Graphic Design Services, Marketing or advertising.
This agreement is between ‘Client’ (Purchasor) and ‘Provider’ (The Cherubini Co.)
‘Client’ is engaging above named ‘Provider’, a sole-proprietorship, as an independent contractor of services. The ‘Client’ hereby authorizes ‘Provider’ access and “write permissions” to all directories and files of this account.
Design to include web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links., CSS stylesheet and installation into client hosting.
Once design is completed and final payment is made, any and all alterations, additions and upgrades of any kind will be billed an hourly rate of $185 per hour.
Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
Search Engine Optimization (SEO)
Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. The Cherubini Co. will not be held responsible for these fluctuations or if an algorithm change results in dramatic changes to the fortunes of your website and/or its rankings. Our proprietary systems will only be validated by a search engine ranking report made available to the client at their request.
The Cherubini Co. stresses that it is not possible to give any guarantees for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the search engine optimization campaign. Advertising online is an unpredictable market place and The Cherubini Co. can give no guaranteed positioning.
3. FEES & PAYMENT
All fees payable in US dollars.
Web Design cost is variable and based on individual design.
A down payment or full payment may be required prior to any work beginning.
Payments will be accepted via Check, PayPal, Visa, Mastercard, Discover, and American Express.
30-day Money Back Guarantee: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund less hourly charge of completed work. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase or by bank check. Domain name registration is non-refundable but ownership will be transferred to you. Phone requests will not constitute acceptance of any cancellation.
5. COPYRIGHT AND TRADEMARKS
The ‘Client’ represents to ‘Provider’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ‘Provider’ for inclusion in web site 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, and defend ‘Provider’ from any claim or suit arising from the use of such elements furnished by the ‘Client’.
‘Provider’ guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Provider’ that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless ‘Client’ receives direct authorization from the 3rd party.
Copyright to the finished assembled work of individual web site produced and designed by ‘Provider’ is owned by ‘Provider’. This ownership is to include rights to the design, any photos or graphics supplied by ‘Provider’, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the ‘Client’ is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
All graphics, photos and text provided by ‘Provider’ are property of ‘Provider’ and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between ‘Provider’ and ‘Client’.
In the event that ‘Client’ or other agent acting on the behalf of the ‘Client’ accesses files and disrupts the layout, visibility or functionality of the web site, ‘Provider’ can work to get the web site back up and running at the regular hourly rate.
Under no circumstances, including negligence, shall ‘Provider’, or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ‘Provider’s’ services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to ‘Provider’s’ records, programs or services.
‘Provider’ shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from The Cherubini Co. ‘ servers going off-line, being unavailable for any reason whatsoever or hacking of any kind. Furthermore, The Cherubini Co. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of The Cherubini Co. ‘ servers. All damages shall be limited to the immediate termination of service.
‘PROVIDER’ CANNOT AND DOES NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. ‘PROVIDER’ WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
7. LAWS AFFECTING ELECTRONIC COMMERCE
The ‘Client’ agrees that the ‘Client’ is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ‘Provider’ and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s’ use of Internet electronic commerce.
8. INTERNET ETIQUETTE
‘Provider’ is a developer of ethical web sites. As such, ‘Provider’ will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will ‘Provider’ design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
9. AUTHORSHIP CREDIT
‘Client’ agrees that ‘Provider’ may put a small byline link on the bottom of their web page establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that ‘Provider’ will be notified of any design changes to this web site.
‘Provider’ may use ‘Client’ web site as a sample of work in print or through a web site link.
Provider’ may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Provider’ from such materials shall not be used, published or divulged by ‘Provider’ to any person, firm or outside source without the express written consent of ‘Client’.
11. ENTIRE UNDERSTANDING
This constitutes the sole agreement between the ‘Provider’ and ‘Client’ regarding its web design and graphic service. This agreement shall be governed and construed in accordance with the laws of the State of Ohio.
You agree to indemnify and hold harmless The Cherubini Co. (a.k.a. Patrick and/or Angeline Cherubini), its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
The Cherubini Co. reserves the right to modify these terms at any time. Although most changes are likely to be minor, The Cherubini Co. may change its Terms of Service from time to time, and in The Cherubini Co.’ sole discretion. The Cherubini Co. encourages visitors to frequently check this page for any changes to its Terms of Service. If you have an account with us, you might also receive an alert informing you of these changes. Your continued use of this site after any change in these Terms of Service will constitute your acceptance of such change.