PACIFIC WEB EFFECTS TERMS OF SERVICE

This agreement is made between Pacific Web Effects (the Contractor) and the customer (the Client). By utilizing the Contractor's services and products, the Client agrees to be bound by the terms herein outlined. The Contractor retains the right to modify the Terms of Service at any time without prior notice, and any modifications shall be automatically effective as to all customers when adopted by Contractor and published at pacificwebeffects.com. Contractor shall be the sole arbiter in the interpretation of Pacific Web Effects' Terms of Service.

Contractor is an Independent Contractor.
Client shall not withhold any amount (such as taxes) that would normally be withheld from an employee's pay.

Copyright.
The Client represents that any elements furnished to Pacific Web Effects are owned by the Client, or that the Client has permission to use these elements. The Client agrees that Pacific Web Effects is not liable for any claim or lawsuit arising from the use of such elements. Copyright is transferred to client only after they've made payment in full for that element.

Payments.
All payments are non-refundable. If the total project amount is $600 or less, the full amount is due in advance. For projects more than $600, a deposit of 50% of your total project amount is required to begin your web project, and remaining 50% is due 30 days after initial deposit. Client agrees to reimburse Contractor for any expenses necessary to complete the project including telephone consultation, travel, onsite meetings, research, software, stock images, and photography, and will be notified in advance of these fees. Client is required to pay Contractor for services and work completed prior to discontinuing working together. All logo design fees are due upon receipt of first draft designs, regardless of whether a final decision or completion of the logo design process is made.

Late Fee Schedule.
A $25 late fee will be added to Client's bill at 45 days past  the invoice date, and every 30 days after that. Account will be on pre-paid basis after 3 late payments. If account remains delinquent 90 days after invoice date, Pacific Web Effects reserves the right to remove or disable Web pages from viewing on the Internet until debt is paid. Should collection activities become necessary, the Client agrees to pay all collection fees.

Hosting Terms of Service. If Pacific Web Effects provides hosting for Client, Client agrees that: Hosting is paid by the Client on an annual basis. If hosting renewal isn't paid on time, service is automatically discontinued and hosted files may be unrecoverable. Client agrees that the hosted website and files are not pornography-related nor contain unacceptable content which includes defamatory material, copyright infringement, pirated software, "hacker" programs, online gambling, casino, sportsbook betting, and Internet lotteries; Client will not engage in other untolerated activities including spamming, hacking, distribution of viruses, trojan horses, worms, or other destructive activities; site will not have any commercially available software, fixes, patches, or electronic media (MP3s, AVI, WAVE, etc) available for mass download; Pacific Web Effects and/or hosting service are not responsible for content loss due to hardware failure.  Although backups are done, no guarantee can be made that content is up-to-date.  It is the Client's responsibility to maintain a full backup of their site. Should Client be found to be in violation of these hosting terms, we reserve the right to permanently discontinue your hosting service at any time without notice or refund.

Representations. Client agrees, to protect Pacific Web Effects from any and all claims, actions, losses and liabilities, and expenses, including attorney's fees and costs, arising from a breach of this contract, and any demand, litigation (threatened or actual) or other process made by a third party which alleges that the Client's products infringe common law, contractual or statutory rights.

Legal Notice. There is no guarantee that the website project will be delivered on time, uninterrupted, error-free, or meet the client's expectations of site traffic or profitable business. The entire risk as to the quality and performance of the website is with the client. In no event will Pacific Web Effects be liable to the client or third party for damages, including but not limited to: service interruptions or malfunctions, any errors or damage to the site as a result of switching host servers, lost profits or other damages arising out of the operation of or inability to operate this website, any advertising done by client before site is uploaded to host server, failure of any service provider, and any other circumstances beyond our reasonable control, even if Pacific Web Effects has been advised of the possibility of such damages.

The laws of the State of California, for which the business is conducted in and is subject to, will govern this Agreement.

Terms of Service Last Modified 01/10/2010