Terms and Conditions
Client Responsibilities
The following tasks shall be completed by the Client:
- Supply a domain name or select a domain name for Foxstone to procure.
- Storyboard thier site layout to include, navigation, button names, page titles, etc.
- Select site layout including optional template, color, font, graphics layout.
- Supply text and optional graphics for the pages outlined in the storyboard.
- Supply keywords and site description for Search Engine submissions
Foxstone Responsibilities
The following tasks shall be completed by Foxstone:
- Initialize webserver, domain name, databases as required.
- Provide access for Client to review, comment, and provide direction as website development progresses.
- Provide custom graphics, logos, banners, response forms as required.
- Provide training on usage of site console and/or content console.
- Assist with setup of email addresses, aliases, and site security.
- Provide initial Search Engine Submission.
Content Copyrights and Trademarks.
The Client unconditionally guarantees that all elements of text, graphics, photos,
designs, trademarks, or other artwork furnished to Foxstone Industries
for inclusion in the Web Design Project 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, indemnify and defend Foxstone Industries
and its subcontractors from any liability (including attorney's fees and
court costs), including any claim or suit, threatened or actual, arising from the
use of such elements furnished by the Client.
Web Design Project Copyright.
Copyright to the finished web design site produced by Foxstone will be owned by the Client upon
project completion and final payment. This includes custom graphics, animations, logos, site design,
and custom programming.
Foxstone and its subcontractors retain the right to display graphics and
other Web Design elements as examples of their work in their respective portfolios.
The client retains the right, as long as their account is in good standing, to terminate the Hosting Agreement
with Foxstone and to move the entire website, graphics, database,
and supporting programs to an alternate vendor of their choosing at any time.
Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes,
and tariffs applicable in any way to the Web Design Project or any other services contemplated
herein, and will hold harmless, protect, and defend Foxstone and its subcontractors from any
claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of
Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Acceptable Use Policy
On Web Sites hosted by Foxstone, the Client agrees conduct their web activities in concert with
the Acceptable Use Policy as posted on the Foxstone website.
Payments.
Payments must be made promptly based on the terms of this Web Site Design Project. Foxstone
reserves the right to remove any Web Design Project from viewing on the Internet until final
payment is made. All payments are to be made within 30 days after completion and approval of
the Web Design Project by the Client. In case collection proves necessary, the Client agrees
to pay all fees (including all attorney's fees and court costs) incurred by that process.
This agreement becomes effective only when signed by Foxstone. Regardless of the
place of signing of this agreement, the Client agrees that for purposes of venue, this
agreement was entered into Maricopa County, Arizona, and any dispute will be
litigated or arbitrated in Maricopa County, Arizona and the Client hereby consents
to the personal jurisdiction of the Arizona State Courts. Furthermore, the Client
waives any right to or claim of sovereign immunity. Adding of Meta Tags
(Description and Keywords) and the submission of the Web Design Project to Web search
engines and updating occur only after the full final payment is made. All payments will
be made in U.S. Dollars.
Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither Foxstone
nor any of its employees or agents, warrants that the functions contained in the Web Design Project
will be uninterrupted or error-free. The entire risk as to the quality and performance of the
Web Design Project is with the Client. In no event will Foxstone
be liable to the Client or any third party for any damages, including, but not limited to, service
interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our
reasonable control, any lost profits, lost savings or other incidental, consequential, punitive,
or special damages arising out of the operation of or inability to operate this Web Design Project,
failure of any service provider, of any telecommunications carrier, of the Internet backbone, of
any Internet servers, your or your site visitor's computer or Internet software, even if Foxstone
has been advised of the possibility of such damages.
