Our web development services are subject to the following terms of agreement. We have provided this document to you so that you will be fully apprised of our terms, prior to contracting our services.

As indication of agreement to and acceptance of the Terms of this Agreement, a copy of the Terms must be signed by all new Clients at the time of submitting work for contract.

Charges

All Web site development services require an advance payment of one/half (1/2) of the invoice total before the work is started. The remainder of the invoice total will be due upon completion of the work, as will payment for the first three (3) months of all maintenance services.

Bitmation reserves the right to change the rates for ongoing maintenance services with thirty (30) days advance notification to the Client. Payment for services is due on receipt of email invoice to Bitmation through PayPal.com (preferred) or check or money order.

Client Review

Bitmation will provide the Client with an opportunity to review the appearance and content of Web site materials prior to final production.

Client will have 2 opportunities for revision. Revisions beyond this will be assessed additional time and charges. Once materials are approved, requests for revision will be considered enhancements, and will be invoiced separately at our enhancement rates.

Turnaround Time

Bitmation will install and publicly post the Web site as per the agreed upon date between Bitmation and the Client.

If, and as soon as, possible delays are known to Bitmation, the Client will be notified. Likewise, the Client agrees not to hold Bitmation accountable for any delays in publication related to the Client's failure to provide materials in a timely manner.

Payment

Invoices will be provided by Bitmation at the inception of a project, upon completion of the work for Web site design services, and at three month intervals for maintenance services. All invoices are sent via e-mail to the primary billing contact. The Client may elect to receive hard copy invoices. Payments to Bitmation will be made through PayPal.com(preferred) or check or money order.

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. The rights to any materials developed to that time will be relinquished by the Client, unless restitution is made. Bitmation will, at its discretion, remove all materials from the Web. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.

Checks returned for insufficient funds will be assessed a return charge of $25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Bitmation reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by Bitmation in enforcing these Terms of Agreement.

Termination

Termination of services by the Client must be requested by written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Legal Restrictions

Bitmation 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 or obscene. Bitmation reserves the right to refuse service to the Client without providing reason or cause.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Bitmation the rights to publish and use such material in the preparation and design of contracted materials.

Custom artwork and graphic logos designed by Bitmation for use in the Client's Web presentation will remain the property of Bitmation; at its discretion, Bitmation will grant the Client rights to use such material in formats other than Web presentations.

The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client agrees to indemnify and hold harmless Bitmation from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.

Every contract for Web site development and/or placement shall be regarded as a guarantee by the Client to Bitmation that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Design Credit

A graphical logo and link to Bitmation will appear in small type at the bottom of the primary "home" page of the Client's Web site.

Maintenance

The term 'maintenance' refers to maintaining and/or updating an existing web page or link. Service charges may be applied if maintenance is performed on a client created page/link that is beyond the page/link limit mentioned in the monthly maintenance services.

Right to Pull

By signing this Agreement, the Client agrees to give Bitmation "on demand" access to the Client's installed Web site, and further agrees that Bitmation 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.

Indemnity

The Client agrees to indemnify and hold harmless Bitmation from any and all claims resulting from the Client's use of Bitmation' services which cause damage to the Client or a third party.

Disclaimer

Bitmation makes no warranties of any kind, whether express or implied, for the services it provides. Bitmation also disclaims any warranty of merchantability or fitness for a particular purpose.

Bitmation 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 Client acknowledges and agrees that Bitmation cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems.

General

These Terms of Agreement supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with Terms of Agreement of any order submitted.

The Client's signature below constitutes agreement to and acceptance of these Terms of Agreement . Bitmation reserves the right to change the Terms of Agreement of the acceptance of future orders for authoring and placement of the Client's pages.

Governing Law

This Agreement shall be governed by the laws of the State of Minnesota, Anoka County, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law.

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