Prominent Media will perform the following tasks:
Web creation fees are to be specified by Prominent Media and agreed upon by the Client before commencement. Unless confirmed otherwise in writing, one half of all web creation fees shall be payable before work begins on the site in question; the remaining half of the fees are to be paid in full prior to the site being placed on the World Wide Web at its final location, and are due within 15 (fifteen) working days after notification of completion via telephone, fax, or electronic mail. In the event of a Client wishing to delay final payment, a surcharge of 10% will be made on the outstanding amount. Prominent Media reserves the right to delay placement of the pages or delivery of project until final payment is received in full. All work will remain the property of Prominent Media until payment is received in full. All payment will be made in Pounds Sterling.
Prominent Media warrants that the web site will be completed no more than 6 (six) complete working weeks from the date that Client has provided Prominent Media with all text, images, and any other information required to produce the web site. If Client wishes to make any minor changes in text after the completion of the web site, this is acceptable under the terms of this Agreement. If the Client wishes to make excessive changes in text, or any change in graphics or layout whatsoever once pages are completed, Prominent Media reserves the right to charge the Client additionally at £60 per hour.
WebShop implementations require us to integrate with an external Payment Services Provider (PSP) in order to process the online payment. In these circumstances we recommend Protx, although we can integrate with any PSP. The cost of the integration is included in the cost of the WebShop, but it is the responsibility of the client to arrange and pay for payment services with the PSP of their choice.
In order to install the design in question, Prominent Media must be granted read/write access to the Client's storage directories; those directories must be accessible via FTP. Depending on the project, other resources may need to be configured on the server end.
If necessary, Prominent Media will arrange Domain Name Registration and server space allocation with a preferred supplier. Prominent Media will not be responsible for any malfunction of the web site due to individual computer or browser problems, or any server problems. The page will be designed and tested on Internet Explorer and Netscape Navigator browsers in versions 5 and above, and Prominent Media cannot be held liable for malfunction of the site when viewed in another browser. For reasons beyond Prominent Media's control, the site can only be tested on a PC platform, although the page should perform identically on Macintosh and UNIX platforms.
This Agreement includes code elements and images being custom created for the Client. This software technology is purchased by the Client for a one-time fee and is limited to installation and usage by that the Client only on one "site" of connected documents on one "server". Such code or images may not be distributed or re-licensed without the express written consent of Prominent Media.
Prominent Media will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other supplied material, with the exception of the Client company name, logos, and any other copyrighted or trademarked material supplied by the Client. Every contract for page design and placement shall be regarded as a guarantee by the Client to Prominent Media that all such permissions and authorities have been obtained. The Client represents to Prominent Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Prominent Media for inclusion in web pages 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, and defend Prominent Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
This Agreement assumes that all text is provided by the Client in electronic format (.txt, .html or .doc on floppy, e-mail or ftp retrievable), all photographs and other graphics are provided in high quality print suitable for scanning or on a floppy in a .gif, .jpeg or .psd (PhotoShop) format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media and outside facility charges.
A link to Prominent Media will appear on the first page of the site. The link will not cause users to leave the Client website, rather, it will open a new browser window to the Prominent Media website or email address, at Prominent Media's discretion. The link will simply state, in the smallest type available, "Website created by Prominent Media". This link may not be modified at any time without express written consent of Prominent Media during the existence of the web site for public viewing. Additionally, design credits to Prominent Media will also be in the HTML code of each page, hidden from normal view, and may not be modified at any time without express written consent of Prominent Media during the existence of the website for public viewing.
Cancellation of orders for authoring or placement may, in the first instance, be made by telephone or e-mail, but must be confirmed in writing or by fax.
The Client will be invoiced for authoring work completed to the date of first notice of cancellation for payment in full within 30 (thirty) days. The full amount of the order must be paid if the cancellation is not confirmed in writing or by fax within 10 (ten) working days. This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement.
Prominent Media will provide the Client with an opportunity to review the appearance and content of the Client's materials once they are scripted. Such scripted materials will be deemed to be accepted and approved unless the Client notifies Prominent Media otherwise within 5 (five) working days of the date Prominent Media sends proofs of such scripted materials to customer via email, fax, or World Wide Web address.
Additionally, Prominent Media may submit individual pages for approval during the course of web site creation. While these pages may not be entirely completed, they will serve for the Client to approve the layout, text, and/or graphics.
The Client must give Prominent Media or its appointed agents "on demand" access to the installed designs and the Client further agrees that Prominent Media shall have the right to remove that design from public posting for failure to adhere to the terms of this Agreement, including violating any licensing agreements or failure to pay fees duly assessed, until the Agreement is terminated.
The Client acknowledges and agrees that Prominent Media cannot guarantee the absence of missed deadlines caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems and/or server problems.
Prominent Media cannot accept responsibility for any alterations caused by third parties occurring to the Client's pages once placed. Such alterations include, but are not limited to additions, modifications, or deletions.
