Legal Agreement

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You (hereinafter referred to as "you" or "Credit Card Holder" or "Client") GUAVA SOURCE WEB SUITE. (Hereinafter referred to as "Guava Source" or "GUAVA SOURCE WEB SUITE" or “our”, "us" or "we"), our online Pricing Page (hereinafter referred to as Proposal A, B, C or D…), written proposal (referred to as “Proposal A, B, C or D…” or “Annexure A”).

 

(A) You are consenting to our Terms and Conditions electronically. "Terms & Conditions" means this agreement (including the service & price details contained on our website also known as Proposal O or written proposal (also known as “Proposal A, B, C or D…” or “Annexure A”), SEO Agreement also known as Proposal S notices of change in terms relating to this agreement, new account agreements, account notifications, and any disclosures required now or in the future by applicable regulation.  

 

(B) In Lieu of this Electronic "Terms & Conditions", you have a right to request a paper copy of these Terms & Conditions before signing up. If you want a paper copy, please talk to one of our sales Representative VIA Live Chat and we will send you a paper copy via email.

 

(C) You have the right to decline this agreement and not receive them electronically. If you wish to make that choice, do not click "I agree" or Process Order or Sign (“Proposal A, B, C or D…” or “Annexure A”) and do not make any payments, contact a Sales representative instead. Message us Live 24/7 if you decline this agreement electronically your order will not be processed until we receive your signed agreement in electronic form.

 

(D) By clicking "I agree" or logging on or signing “Proposal A, B, C or D…” or “Annexure A” or making Payments, you are confirming that you can access and read all of this agreement and consent to use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).

 

(E) You may use the "Contact Us" feature to update information needed to contact you electronically. You should print a copy of this agreement and retain it for future reference.

 

For your convenience, "Terms & Conditions" consists of the following parts:

 

Authorization. Client is engaging GUAVA SOURCE WEB SUITE, as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider(ISP)/Web Presence Provider(WPP) computer, hereinafter refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes GUAVA SOURCE WEB SUITE to access this account, and authorizes the Hosting Service to provide GUAVA SOURCE WEB SUITE and its employees, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level.

 

Development. This Web Design Project will be developed using latest version of Macromedia ® Dreamweaver ® and or Wix HTML5

 

Browser Compatibility - Designing a web site to fully work in multiple browsers (and browser versions & resolutions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. GUAVA SOURCE WEB SUITE represents and warrants that the web site we design for you will work in:

•    Microsoft® Internet Explorer versions 10.0 and up  

•    Google Chrome 

•    Firefox 3.0 and up

 

Accessibility for People with Disabilities – GUAVA SOURCE WEB SUITE standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

 

Assignment of Web Design Project. GUAVA SOURCE WEB SUITE reserves the right, and you hereby agree, to assign local or international subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.

 

Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to GUAVA SOURCE WEB SUITE 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 GUAVA SOURCE WEB SUITE, its employees 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. The client undertakes the entire liability for the content on the website.

 

Web Site Maintenance. This agreement allows for minor web site maintenance to pages over a 12 month period at a cost of $35-$55/hour, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette. The period of 12 months begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was signed, whichever comes first. If the Client's web design package includes database access using ASP or PHP, then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.

 

Completion Date. GUAVA SOURCE WEB SUITE and the Client must work together to complete the Web Design Project in a timely manner. GUAVA SOURCE WEB SUITE agrees to work expeditiously to complete the Web Design Project as specified in the “Proposal A, B, C or D…” or “Annexure A” or “Proposal O” (whichever is applicable) after Client has submitted all necessary contents and filled in the mandatory web design questionnaire. The Client is expected to supply GUAVA SOURCE WEB SUITE with complete text and graphics content in an easy electronic format for this Web Design Project as soon as possible for GUAVA SOURCE WEB SUITE to finish the website on time. The Client is responsible to provide entire content in a timely manner and understands that GUAVA SOURCE WEB SUITE will not be responsible if the Web Design Project remains largely unfinished or is delayed, due to his or her own inaction. The delays can also occur if any milestone that requires Client action, such as approving design mockups or web design changes is not acknowledged on time. This is a bilateral contract which means if the project is delayed, beyond the time specified in “Proposal A, B, C or D…” or “Annexure A” or “Proposal A, B, C or D…” (whichever is applicable) due to Clients inaction, such as delay in sending initial or ongoing instructions & contents, GUAVA SOURCE WEB SUITE may not work expeditiously to finish the project in accordance with Clients new deadlines. An additional charge at rates specified in the “Proposal A, B, C or D…” or “Annexure A” or “Proposal A, B, C or D…” maybe applicable. All of our turnaround times are estimates only and NOT guarantees. Please keep in mind that there are several different things that can delay the web design process that are out of our control. The turnaround times that we give are based on actual statistics of jobs we have done in the past and are NOT guaranteed. Under no circumstances will a refund be honored for a delay in our estimated turnaround time and this should not constitute a breach of this contract.

 

Project Delivery. The final web site design project will be published to the Client's hosting service upon receipt of full final payment or delivered via diskette upon the receipt of full final payment. The Client understands that if Client does not choose the hosting service provided by GUAVA SOURCE WEB SUITE, the Client agrees to select a hosting service which allows GUAVA SOURCE WEB SUITE full access to the Client's account via FrontPage® or FTP. The Client will be solely responsible for any and all hosting service charges in that case. Configuring feedback forms on sites not hosted by GUAVA SOURCE WEB SUITE requires additional scripting efforts and would be charged at hourly rate as specified in the Proposal A, B, C or D…. Client acknowledges that unless otherwise specified in writing by GUAVA SOURCE WEB SUITE, add-ons services will require cloud based hosting through Wix or NameCheap.

 

Publishing: 1) GUAVA SOURCE WEB SUITE will Publish/Host the site on its servers if client chooses GUAVA SOURCE WEB SUITE to provide Hosting Service. 2) GUAVA SOURCE WEB SUITE will Publish/Host the site on any servers if client does not choose GUAVA SOURCE WEB SUITE to provide Hosting Service only if it has the full access to the Client's account via FTP.

 

Diskette: The Client assumes all responsibility for the use and functionality of the Web Design Project.

 

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 GUAVA SOURCE WEB SUITE, its employees 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.

 

Web Design Project Copyright. The Client will be assigned rights to use the Web Design Project as a web site perpetually, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. GUAVA SOURCE WEB SUITE and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

 

Payments. Payments must be made promptly based on the terms of this Web Site Design Project as specified in the “Proposal A, B, C or D…” or “Annexure A, B, C or D…” or “Proposal E-Z” (whichever is applicable). GUAVA SOURCE WEB SUITE reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in IL, Unites States and any dispute will be litigated or arbitrated in Missouri, United States, and the Client hereby consents to the personal jurisdiction of the Saint Louis Courts. Client unconditionally and personally guarantees the payments. Furthermore, the Client waives any right to or claim of sovereign immunity. GUAVA SOURCE WEB SUITE reserves rights to report all good and bad accounts to all credit reporting agencies. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating should occur only after the full final payment is made. All payments will be made in U.S. Dollars.

 

Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and “Proposal A, B, C or D…” or “Annexure A” or “Proposal E-Z” (whichever is applicable),and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and GUAVA SOURCE WEB SUITE agree that the services described in this contract, shall be completed at a cost specified in the “Proposal A, B, C or D…” or “Annexure A” or “Proposal E-Z” (whichever is applicable). GUAVA SOURCE WEB SUITE Web Design requires at least 50% of the total amount due before starting work on a web site design. GUAVA SOURCE WEB SUITE Web Design sends all invoices via email only and all invoices are due on presentation. Final balance due upon completion and before going “live” or 45 days from the date of the accepted proposal, whichever is sooner.  In case any invoice is overdue for more than 10 days, GUAVA SOURCE WEB SUITE Web Design reserves the right to stop work without any further communication, at that time a $100 late fee will be applied in addition to 1.5%/mo interest on outstanding balance. All payments should be made to GUAVA SOURCE WEB SUITE Web Design and all pricing is in US dollars.

 

Refund Policy. GUAVA SOURCE WEB SUITE Web Design guarantees your satisfaction. Our refund policy works as below:

 

100% Refund, If Requested

•    Prior to showing of any design layout, no questions asked, or

•    Before 3rd round of revision request.

•    Applicable to all plans.

 

Refund Restrictions

•    Refund Policy applicable to all purchases made on or after June 6, 2012 only.

•    Refund is not allowed once three rounds of revisions are requested.

•    Refund must be requested within 15 calendar days from date of order.

•    Refund not applicable on domain registration fees.

•    Refund not applicable for express service clients.

•    Refund must be requested in writing.

•    Refund not applicable on updates and add-ons on existing website.

 

Designing Layout. Once the Advance payments are received, GUAVA SOURCE WEB SUITE would make a Layout exactly in accordance with Clients requirements and will make reasonable changes until the client is satisfied. Once a layout is approved, and the Client needs to change it, additional cost may be applicable on hourly bases at the rate quoted in the “Proposal A, B, C or D…” Or “Annexure A” or “Proposal E-Z”. Full flash sites are not included in the contract and would be charged additional. Music integration in the website will cost fifty US Dollars per Music; Video integration will cost fifty ($50.00) US Dollars per Video. A page would be defined by maximum of 300 words and prorated there after depending upon the applicable cost per page. There will be a maximum of five (5) pictures in a page & ten (5) outside links per page. Anything extra will be charged at five ($5.00) US Dollars per picture and five ($5.00) US dollars per link. Internal navigation page links will be limited to the package selected, for instance a  five (5) page website will have a maximum of five (5) internal navigational links, Additional navigational links without content will be charged thirty ($30.00) US Dollars per link. As a part of web design project GUAVA SOURCE WEB SUITE agrees to make a standard feedback form with up to a maximum of (8) fields in lieu of (1) web design page and at no additional cost. Extra form fields will cost ten ($10.00) dollars per field.  E-Commerce websites that are based on CRE Loaded Shopping Cart system and prices include Skin Customization. Client with CMS sites would have ability to change certain text and only in the content area of the website. A Web Design by Guava Source WEB SUITE statement with a link to www.guavasourcewebsuite.com will appear on all pages in the footer of all websites designed or powered by Guava Source WEB SUITE. A $500.00 US surcharge would be payable if the link is asked to be removed. Removing the link without prior approval of Guava Source WEB SUITE would be breach of this contract.

 

Other Professional Services. Clients who opt for website content writing assistance agrees to provide GUAVA SOURCE WEB SUITE ad with their content summary or highlight points. Clients who opt for article writing agree to provide GUAVA SOURCE WEB SUITE with relevant keywords. Articles and website content will be professionally written and will be free of any grammatical errors. GUAVA SOURCE WEB SUITE may charge a revision cost at hourly rate as specified in the Proposal A if revision is requested after submission. Clients who buy Content Management System based web design understand that such websites are done in Wix, Shopify, Magento, unless otherwise mutually agreed in writing. Clients who opt for video actor service agree to provide exact draft of the matter and understand that a re-shooting fee of $300/video will apply in case of any changes after the shoot.

 

Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither GUAVA SOURCE WEB SUITE nor any of its employees or agents, warrant 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 GUAVA SOURCE WEB SUITE or its employees will 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, you or your site visitor's computer or Internet software, even if GUAVA SOURCE WEB SUITE has been advised of the possibility of such damages.

 

This Agreement. This legal agreement, the “Proposal A, B, C or D…” or “Annexure A” or “Proposal E-Z” constitutes the sole agreement between GUAVA SOURCE WEB SUITE and the Client regarding this Web Design Project. After the initial 15 day Refund Guarantee period, this contract can only be canceled at the sole discretion of GUAVA SOURCE WEB SUITE. Any additional work not specified in this agreement or any other amendment or modification to this agreement must be authorized by a written request signed or agreed via email by both Client and GUAVA SOURCE WEB SUITE. All prices specified in this contract will be honored for 3 months after both parties agree to the contract. Continued services after that time will require a new agreement.

 

The undersigned hereby agree to the terms, conditions and stipulations of this agreement.

 

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.

 

AGREED TO:

 

By Client (Electronically Consent – IP, Time and Date is Logged) – No Signature Needed

 

Duly Authorized

 

GUAVA SOURCE WEB SUITE.  d/b/a GUAVA SOURCE WEB SUITE (SAINT LOUIS, MISSOURI) - No Signature Needed , Valid only After Receipt of Advance Payment