PARTIES. Arkansas Valley Web Works will be referred
to as "Company", and the customer signing this contract will
be referred to as "Client".
AGREEMENT. The Client hereby promises and agrees to
retain the Company to perform the services set forth in this contract
and pay for those services, and the Company agrees to perform those
services, all subject to this contract. Client acknowledges the reading
and understanding of this contract, and further understands that this
contract is non-cancelable except as allowed by law.
PRICE. Attached to this contract (see rates) and
incorporated by reference are the terms and provisions of payment to be
made by Client. Client agrees to pay in conformance with this schedule.
WORK AND DESIGN. Client agrees that Company is being
engaged as an independent contractor for the specific project of
developing and publishing pictures and data for Client's use on the
World Wide Web. The specifics of the plan are set forth on a separate
document, which is attached to this contract and is hereby incorporated
by reference. The Client authorizes Company access to the world web site
of Client with "write permission" to the Client web directory
and or web site.
COPYRIGHT AND TRADEMARKS. Company will only use
graphics that are in the public domain or written material, logos and
graphics supplied by the Client. It is the sole responsibility of the
Client to have express written permission for any graphics, pictures,
trademarks, trade names, or logos to be used. It is understood that the
Company will publish nothing that slanders any company, product, or
individual, or which is untruthful. Client acknowledges that any and all
designed original graphics or logos done by Company in the
implementation of the web site will remain Company's sole property and
may not be used elsewhere without the express written permission from
company. Client agrees to hold Company harmless from any penalty or
liability of any nature for copyright, trademark, or trade name
infringement. Upon final payment Company will assign any interest in the
work produced to Client, with the exception that any original design
work as set forth above will remain the property of Company.
LIMITATIONS OF LIABILITY. Company does not and will
not warrant that the operation of the web pages will be uninterrupted or
error free; nor does it state or warrant that the functions contained in
the web pages or the Internet site will meet the Client's requirements.
The risk as to the quality and performance of the web pages and the web
site is with the Client. The Company will not be held liable to the
Client or any third party for damages which include, but are not limited
to, lost profits, lost savings, incidental, consequential, or special
damages arising out of the operation of or inability to operate the
constructed web pages or web site. There are no warranties, which extend
beyond that set forth in this contract, including, but not limited to,
the fact that there is no implied or express warranty of fitness for
particular purpose.
COMPLETION OF WORK. Company will make every attempt
possible to complete the web site design, construction, and periodic
updates in a timely manner. However, Client understands and acknowledges
that due to the many revolving changes of some updates for inclusion or
deletion, and due to other unique aspects of the World Wide Web, setting
an exact completion date for the project may be impossible.
PAYMENT. Payment will be made in accordance with the
terms and provisions attached hereto and will become due and payable
according to those specified terms. If there is any additional billing
for additional services performed this will be sent to the Client by the
20th of each month and is payable by the 5th day of the following month.
In the event of any default then Company will have available all legal
rights and remedies, and Client agrees to pay all costs of collection
including necessary investigations and customary reasonable attorney's
fees. Company agrees to pay interest at the rate of 1 1/2% per month or
18% per annum on all unpaid balances of 30 days or more past due.
APPLICABLE LAW. The law of the state of Colorado
shall govern this agreement.
ENTIRE AGREEMENT. This document and its attachments
constitute the entire agreement between the Client and the Company. It
is intended and is a complete and exclusive statement and no course of
conduct or prior dealings between the parties, and no usage of trade,
shall be relevant to supplement or modify any term used in this
agreement. No agent, employee, representative of the Client, or the
Client itself has any authority to bind Company to any affirmation,
representation or warranty concerning the services provided under this
agreement, unless the same is included within this contract. A written
instrument duly signed by the parties or their duly authorized agents
may modify this contract.
Signed this _____ day of _____________.
_______________________________________Customer
______________________________________ Company
