Web Design Terms and Conditions
This document sets forth the additional terms and conditions that become part of your Web Hosting Agreement with Layer Draw in the event that you choose to purchase or otherwise receive Web Design or Web Development services from Layer Draw. Any terms set forth herein which may be in conflict with any of the terms in your Web Hosting Agreement shall be controlled by the terms of the Web Hosting Agreement and not this document.
You hereby grant full access to your Layer Draw Web Hosting account including all features, files and subfiles located therein to Layer Draw and/or its Web Design and Web Development partners for the purposes of designing developing and implementing a web site, web page, web pages or web application to be displayed to the public within your Layer Draw Web Hosting account and for any other purpose related to the provision of Web Design/Development services to you. You further authorize Layer Draw and/or its Web Design and Web Development partners to submit the completed Web Design Project to major Web Search Engines.
Layer Draw Web Design and Development services are sold on a pre-packaged basis. The specific items included in the package that you selected during your sign-up process are as indicated on the Layer Draw website at https://www.Layer Draw.com/website-solutions/web-design-packages/. Pricing for each such service is as indicated on that page at the time of your request for this service. All packages are to be paid in advance of commencement of any work performed. Layer Draw expressly reserves the right to run promotional specials without undertaking any obligation to refund any service not eligible for such promotion.
3. Additional Services
To the extent that the requirements of your project exceed the products or services that are included in your Package you may purchase additional products or services at an additional cost. Please contact your Layer Draw representative for additional information in this regard. All such prices quoted are, in the absence of specific written agreement to the contrary, estimated only. All such quotations for design work are based upon projected working hours at the current studio rate, plus materials, and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer.
4. Customer Property
Customer text, graphics, photos, designs, trademarks, other artwork, and any other intellectual property (“Customer Property”) supplied to Layer Draw for use in or with the Design or Development services provided under these terms shall be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. All customer copy and artwork is either owned by you or you have the right to use it. All such Customer Property shall remain your property and will not be copied or otherwise used in any manner by Layer Draw or any Layer Draw design partner for any purpose not in furtherance of Layer Draw obligations under the terms of this Agreement. You agree to fully indemnify and hold Layer Draw and their design and development partners harmless of and from any claim against them or their officers shareholders, agents or affiliates arising out of any claim of right title or interest in or to any Customer Property or arising out of the alleged use or misuse of any such Customer Property.
Final proofs will be presented by Layer Draw to the Customer for approval prior to publishing. In most instances our web design projects are complete well within thirty (30) days of commencement. Customer revisions may be requested until final approval is given. Final Approval shall be accepted only in the following ways (a) by Customer’s written approval on the Layer Draw Final Approval form (b) After six (6) months from commencement of any design or development work Customer shall be deemed to have given Final Approval. (“Final Approval”) Any revision requests post final Approval will be charged to Customer at Layer Draw then prevailing hourly design work rate.
Error Identification Upon identification of any programming error, the customer shall notify Layer Draw of such error and shall provide with a problem report and enough information to reproduce the error. Layer Draw shall use its reasonable efforts to respond to problem reports. A bug report sheet will be provided and must be fully completed. Critical errors will need to be marked “Critical Error”.
Layer Draw shall not be responsible for correcting any errors not attributable to Layer Draw. Errors attributable to Layer Draw shall be those that are reproducible by Layer Draw on unmodified software.
Causes Not Attributable To Layer Draw Customer shall reimburse Layer Draw at the Layer Draw then current time and material rate for all work by Layer Draw investigating or repairing any error or malfunction which Layer Draw reasonably determines to have been caused by a modification to the Software that was neither made by nor authorized by Layer Draw including but not limited to any changes caused by any software process or product(s).
Layer Draw shall have no obligation to publish Customer’s website without Final Approval under subsection (a) in PROOFS as set forth above. Thereafter, Layer Draw shall transfer the Customer website to Customer’s hosted Layer Draw account and verify operation. This shall complete any and all Layer Draw Development and Design obligations to Customer under this Agreement. Any further work requested by Customer shall be charged to Customer at Layer Draw then prevailing hourly design work rate.