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Web Site Design Agreement
This
Web Site Design Agreement (here forward called "Agreement")
between you and Eagle Web Designs is effective upon first payment or
down payment. This Agreement explains the terms and conditions of Eagle
Web Designs Web Site Design services (here forward called "Design")
and represents the entire agreement between you and Eagle Web Designs.
By using Eagle Web Designs Design services, you acknowledge that you
have read, understand and agree to all of the terms and conditions of
this Agreement.
1.
PAYMENT
Depending
on the Design service purchased by you, you agree to pay Eagle Web Designs,
whether it is a one time fee or a recurring fee. Your billing date will
be determined by the day and month you establish your account with Eagle
Web Designs. The final billing date will be upon completion of the Design.
Payment is to be made by you on or before the payment due date, and
is non-refundable. If Eagle Web Designs is charged back
for any fee you provided, including returned checks or declined credit
cards, you agree that Eagle Web Designs may pursue all avenues to obtain
payment.
2. SERVICE
Eagle Web Designs provides Design services to its customers for
a single or split fee. Eagle Web Designs will design your web site,
provided you abide by the terms and conditions set forth in Eagle Web
Designs Legal Agreements and Disclaimers.
3. YOUR RESPONSIBILITIES
You
are responsible for ensuring that Your web site conforms to all local,
state, federal, and international laws.
You are responsible for ensuring the legal copyright to any and all
images, text, or other web site items. You warrant that each application
you make is being done so in good faith and that you have no knowledge
of it infringing upon or conflicting with the legal rights of a third
party or a third party's trademark or trade name.
You agree that your web site being designed by Eagle Web Designs will
not be used in connection with any illegal activity.
You agree that your web site being designed by Eagle Web Designs will
not be used for any pornographic material.
You agree that you will not be entitled to a refund of any fees paid
to Eagle Web Designs if, for any reason, Eagle Web Designs takes corrective
action with respect to your improper or illegal use of its Design services.
5. EAGLE WEB DESIGNS RIGHTS
Eagle
Web Designs reserves the right to:
A. Modify its pricing when deemed necessary.
B. Terminate your Design service if the contents of Your web site result
in, or are the subject of, legal action or threatened legal action,
regardless if such legal action or threatened legal action is determined
to be with or without merit.
6.
DISPUTE POLICY
You
agree that if a dispute arises as a result of one or more web sites
Eagle Web Designs is designing for you, you will hold Eagle Web Designs
harmless for damages arising from the dispute.
You agree that if Eagle Web Designs is notified that a complaint has
been filed with a governmental, administrative or judicial body, regarding
a web site designed by Eagle Web Designs, that Eagle Web Designs may
modify your web site, assign control of your web site to said body,
or take whatever actions Eagle Web Designs deems necessary to comply
with the actions or requirements of the governmental, administrative
or judicial body until such time as the dispute is settled.
7 . LIMITATION OF LIABILITY
You
agree that Eagle Web Designs entire liability to you under this agreement
shall be limited to the fees you paid to Eagle Web Designs for Design
services, and only for designs that have not yet been delivered.
8. INDEMNITY
You agree to release and hold harmless Eagle Web Designs and
its contractors, employees, and affiliates from and against any losses,
damages or costs, including reasonable attorney's fees, resulting from
any claim or action arising out of or related in any way to your Design
account with Eagle Web Designs.
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