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updated 03/28/2010

Late Payment of fees and/or Unpaid Invoices. In order for Prana Media Group / Web Site Design Doctor to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 or 1.5%, which ever is greater, charge if payment is not received within 10 days of the due date. If an amount remains delinquent 60 days after its due date, an additional 1.5% penalty will be added for each month of delinquency. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective when order approval is given by customer and the product has been shipped in full. Regardless of the place of signing any agreement and/or order approval, the client agrees that for purposes of venue, this contract was entered into in the city of Euclid, county of Cuyahoga, and state of Ohio, and any dispute will be litigated or arbitrated in Euclid, Cuyahoga county, Ohio. Thanks for paying on time and allowing Prana Media Group / Web Site Design Doctor to offer pricing below retail.

 

RETURN POLICY
APPAREL, PROMOTIONAL, & PRINTED PRODUCTS

Please review all purchase order agreements, upon approval any custom printed, screened, or embroidered item is non-refundable and non-printed items may accrue re-stocking fees.   Upon receipt, any alteration (printing, dyeing, embroidering, etc unless supplied by Prana Media Group), or use by you will constitute acceptance by you of the order and condition of the goods. Returns of washed, decorated, or otherwise altered items cannot be accepted. Items approved for return must be shipped postage pre-paid to the approved PMG office and include a Return Authorization number (RA#), which we will provide to you. Stock garments (except headwear and under garments due to health reasons) are returnable if notification has been received within 72 hours of receipt of merchandise. Returned merchandise must be received by us within 20 days of original receipt of merchandise. All unclaimed or refused shipments are subject to a 15% restocking charge unless custom printed and then 100% of invoice will be billed, in addition to shipping charges.  Applicable credit will be issued upon receipt and inspection of returned goods with Return Authorization number in our warehouse.  Also when printing promotional products and large printing runs, PMG reserves the right to ship up to 10% +/- of your order quantity for over/under runs.  Any legal disputes will be handled in the State of Ohio, Cuyahoga county,  in the City of Euclid venue.  Prana Media Group holds the right to set and/or change the venue for any legal actions.

 

Standard Contract
PROMOTIONAL, APPAREL, WEBSITE DESIGN & MAINTENANCE

Our desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

1. Authorization. The above-named client is engaging Prana Media Group or Web Site Design Doctor, LLC, located at 26111 Brush Avenue, Suite 313, Euclid Ohio 44132 , as an independent contractor for the specific project of developing and/or improving a World Wide web site to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes Web site Design Doctor to access this account, and authorizes the web hosting service to provide Web site Design Doctor with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Web site Design Doctor to publicize their completed web site to Web search engines, as well as other Web directories and indexes.

2. Standard Web site Package Elements. Web site Design Doctor includes the following elements in their Standard Web site Packages:

3. Standard Web site Packages only. The content of the web pages will be supplied by the client and executed as specified by the client in the Design Planning Meeting dated ______________.  This web site includes up to -_______- web page(s). In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay Web site Design Doctor an additional $79.99 for each additional web page Graphics or photos beyond the allowed average of 1.3 per web page shall be billed at an additional $9.99 each. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate specified below. The store size and additional services, and prices of each are detailed on the attached estimate. 

4. Online stores only.  (Cross out this section for Standard Web site Packages.) The text and graphic content of the web pages will be supplied by the client and executed as specified by the client in the "web page Planning Worksheet" or Design Planning Meeting dated ________________, and the Store Planning Worksheet dated _________________. It is understood that total prices calculated below are likely to vary from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store. An Estimate from Web site Design Doctor dated __________________ is attached to this document and governs the prices for this contract. Notwithstanding any prices listed in literature or on web pages, the client and Web site Design Doctor agree that the services described above in this section shall be completed for $______________ and upon this amount the first payment shall be determined. The final payment shall reflect and include all elements actually completed at the prices attached.

We include e-mail/phone consultation of up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use the store software. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.)

Product web pages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below.

5. Maintenance and Hourly Rate. This agreement includes minor web page maintenance to regular web pages (not store product pages) over a two-month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Web site Design Doctor attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The two-month maintenance period commences upon the date the client signs this contract. 

Changes requested by the client beyond those limits will be billed at the hourly rate of $59.99. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own web page editor. CGI programming charges (if any) are not included in this rate. Prana Media Group will make every effort to change/update after your site within 72 hours of the written/email notice. As some request may take longer due to programming and/or graphic work, you will be notified by email if the project is expected to extend past the 72 hour time-frame. Rush corrections are available on a per case basis after review by the programmer, sales rep, and supervisor.

6. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate.

7. Web Hosting with Web site Design Doctor.  The client understands the web hosting service/product is covered under different terms and conditions of the design/development sections of this contract.  This contract includes _________ month(s) of hosting from the set-up date.  The amount paid for web site hosting is non-refundable once the account has been setup and activated on Web site Design Doctorís servers (Hosting amount included in this contract price is $219.40).  You can view more details of the Hosting agreement at:

http://www.securepaynet.net/gdshop/legal_agreements/show_doc.asp?se=%2B&prog%5Fid=284332&pageid=HOSTING%5FSA

7a. Web Hosting (other than Web site Design Doctor). The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows Web site Design Doctor full access to the web site and a cgi-bin directory via FTP.

8. Completion Date. Web site Design Doctor and the client must work together to complete the web site in a timely manner. We agree to work expeditiously to complete the web site on or near ______________________.

If the client does not supply Web site Design Doctor complete text and graphics content all web pages contracted for within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the web site is advertised.

9. Payment of Fees. Fees to Web site Design Doctor are due and payable on the following schedule: 25% upon signing this contract or 50% of the Design Package price, which ever is greater.  Then the remaining amount will be due when the web pages have been constructed according to the client's original written or verbal specifications. If the total amount of this contract is less than $200, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the client on diskette, cd, or attached to an e-mail message. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds.

10. Assignment of Project. Web site Design Doctor reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

11. Legal. Web site Design Doctor does not warrant that the functions contained in these web pages or the Internet web site will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and web site is with client. In no event will Web site Design Doctor be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or web site, even if Web site Design Doctor has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from this agreement and shall not affect the validity and enforceability of any remaining provisions.   Web site Design Doctor Universal Terms of Service for Web site Design Doctor Software and Services is available for your records at: https://www.securepaynet.net/gdshop/agreements.asp?prog_id=284332&ci=1911&se=%2B.

12. Copyrights and Trademarks. The client represents to Web site Design Doctor and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web site Design Doctor 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 Web site Design Doctor and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

13. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Web site Design Doctor and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

14. Copyright to Web pages. Copyright to the finished assembled work of web pages produced by Web site Design Doctor is owned by Web site Design Doctor, LLC. Upon final payment of this contract, the client is assigned rights to use as a web site the design, graphics, and text contained in the finished assembled web site Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Web site Design Doctor and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

15. Payment of fees. In order for Web site Design Doctor to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge or 1.5% (which ever is greater) if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Web site Design Doctor reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Web site Design Doctor. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in the city of Euclid, county of Cuyahoga, and state of Ohio, and any dispute will be litigated or arbitrated in Euclid, Cuyahoga county, Ohio. Please pay on time.

16. Sole Agreement. The agreement contained in this "Web site Design Contract" constitutes the sole agreement between Web site Design Doctor and the client regarding this web site Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.

17.  Domain Names & Registration.  This contract includes the registration of ____________ unregistered domain name and/or __________ transferred domain names from _______________________________ to Web site Design Doctor.  Any additional domain name registration decided upon after this contract is signed will be charged at a rate of $29.95 for every 12 month period.  This amount will be in addition to the contact amount below and will be due in full at the closing of the services listed in this contract.  The domain name will be registered through Web site Design Doctor, LLC, via Wild Wild West Domains.  If the client elects to register their domain name with a company other than Web site Design Doctor, LLC, there will  be no reimbursement or refund for the amount incurred.  Web site Design Doctor, LLC agrees to register any and all domain names in the organizationís name and contact person listed below.  WDD may request to be entered as the TECHNICAL or MAINTENANCE contact for domain service.

 

ADMINISTRATION CONTACT

COMPANY NAME

 

CONTACT PERSON

 

ADDRESS

 

CITY, STATE, ZIP

 

PHONE

 

FAX

 

EMAIL

 

18. Initial Payment and Refund Policy.

The total amount of this contract is          $_____________________

This agreement begins with an initial payment of $_______________.  If the client halts work and applies by registered letter for a refund within 30 days, to the Director of Web site Design Doctor, LLC, PO Box 472 Wickliffe Ohio 44092-0472, (440) 210-0285 OR (216) 780-1624, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

 

REVISED 11/30/2009 VER 3