APPENDIX A
6axis Media Inc. Website Development and Design, and Digital Media Services Initial Contract Agreement.
We look forward to working with you and your team to develop your internet presence and your digital media ideas. This contract agreement allows us to establish guidelines and a schedule for the development of your project. This document represents the first phase our commitment to you, our client. Following this document, we will contact you within 24 hrs. to discuss the details and timeline of your project. Once the details and timeline of your project have been established and verified, we will then issue you, our client, a proposed “Services Contract Schedule”.
The proposed “Services Contract Schedule” will be reviewed, edited, and approved by you, our client, and 6axis Media Inc. Please be advised that the Services Contract Schedule’s review, edit, and approval process may take up to, but not limited to, 10-30 business days to complete. During this time the client’s services will remain in “Pre-Launch” status until the Services Contract Schedule has been signed and verified by you, our client, and 6axis Media Inc.
*Please review and approve the, “APPENDIX A”, details below. By clicking the “Terms of Service” check box you, our client, approves and agrees to the “APPENDIX A” and to all the contents within this document, and its guidelines.
Website Development and Design, and Digital Media Design
All the content and schedules outlined in this document are a legal and binding contract and agreement between 6axis Media Inc. and the “Client” also known as “you” listed below.
APPENDIX A
Terms of Agreement
Authorization
The above-named Client is engaging 6axis Media Inc., known as Developer/Designer (6axis Media Inc.), a business, located at Mississauga, Ontario, as a contractor for the specific purpose of domain name registration, cloud hosting, website design, third-party software applications integrating, logo design, and logo branding. The Client hereby authorizes Developer to access the existing website and authorizes the web hosting service to provide Developer with “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.
Developer prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Developer’s business. The Developer understands, however, that Clients may request significant design changes to pages that have already been built to the Client’s specification. If significant page modification is requested after a page has been built to the Author’s specification, we must count it as an additional page design. Minimal changes, however, will always be covered during our development of the site and also covered by our one month of free basic website maintenance.
Some Clients will desire to independently edit or update their web pages after completion of the site. Note however, Developer is not responsible for any damage created by the Client or agent of the Client. Any repairs required will be assessed at an hourly rate of $74.95. [1-hour minimum charge].
Developer to submit a First Mock-up Draft of web site no later than sixty (60) days after Developer receives signed agreement, along with down payment and initial direction from the Client. Client to provide Developer with all the data needed to complete web site. This includes text data/documents, images/photos, video media, digital audio, design and layout ideas. Once this acceptance is received from the Client, the work necessary to complete the project will continue. Should deposit precede a signed agreement, contract is deemed legal and binding and work can begin.
This agreement includes minor web page maintenance to web pages over a one-month period. If the Client or an agent other than Developer 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 one-month maintenance period commences upon the date of the website LAUNCH. Changes requested by the Client beyond those limits will be billed at the hourly rate of $74.95. This rate shall also apply toward additional work authorized beyond the maximums specified above for such services as: general Internet orientation education, modifying pages and databases.
The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer 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 Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
The Developer reserves the right to assign certain subcontractors to this project to ensure the right fit for the job as well as on-time completion. The Developer warrants all work completed by subcontractors for this project. When subcontracting is required, the Developer will only use industry recognized professionals.
Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering into a contract in the province of Ontario on behalf of the Client.
Warranties and Liability
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Cloud Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that the Developer will not publish information over the Internet, which may be used by another party to harm another. Developer does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error free. Developer is not to be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Developer’s control.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Developer’s development of the Client’s web site. This includes Liabilities asserted against the Developer, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Developer shall transfer, assign and make available to Client all property and materials in Developer’s possession or subject to Developer’s control that are the property of Client, subject to payment in full of amounts due pursuant to this Agreement. Developer also agrees to provide reasonable cooperation in arranging for the transfer or approval of third-party interest in all contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilized, and all rights and claims thereto and therein, following appropriate release from the obligations therein. No portion of this initial payment will be refunded unless written application is made within 10 days of signing this contract or deposit being received.
In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, the other party may provide written notice of such default and if such default is not cured within twenty (20) days of the written notice, then the non-defaulting party may terminate this Agreement.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
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 Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
Copyright to the finished assembled work of web pages and graphics produced by the Developer shall be vetted with the Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. Rights to photos, graphics, and computer programs are specifically not transferred to the Client and remain the property of their respective owners. Developer and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
Any disputes arising from this contract will be litigated or arbitrated in Ontario. This agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada. Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization, business, and office. This Agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and signed by both parties.
Unless stated in the agreement, a minimum deposit of fifty percent (50%) or a full-service one-time payment is due to commence work. *In the event a full-service one-time payment is received the following payment schedule does not apply. Fees to Developer are typically due and payable on the following schedule: 50% on signing, balance due on completion, though a specific payment schedule may be stipulated in the agreement. If the total amount of this contract is less than $1000.00, the total amount shall be paid (50%) upon signing of contract and (50%) upon LAUNCH, and any additional costs incurred during development will be invoiced at the completion of the web site. If the total amount of this contract is more than $1001.00, 50% shall be paid upon signing of contract, another 25% paid after initial design has been approved, and balance due on completion. All payments will be made in Canadian funds. This agreement becomes effective only when signed by Developer. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in Mississauga, Ontario, and any dispute will be litigated or arbitrated in Mississauga, Ontario.
Sole Agreement
The agreement contained in this “Cloud Hosting, Website Development and Design, Logo Design” service constitutes the sole agreement between Developer and the Client regarding this Domain Name Registration, Cloud Hosting, Third-Party Software Application Integration, Logo Design, and Logo Branding service. Any additional work not specified in this contract must be authorized by a written change order submitted using a Customer Support Ticket via the 6axis Media online Client Area Dashboard. All prices specified will be honored for 30 days after the first initial payment has been received. Continued services after that time will require a new agreement. This agreement constitutes the entire understanding of the Developer and Client. This agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof. Any changes or modification thereto must be in writing and signed by both parties.
I have read, understood and agree with the above noted “APPENDIX A” contract agreement for the 6axis Media Inc. Website Development and Design, and Digital Media Design services. I hereby authorize 6axis Media Inc. the approval to begin this project.