TERMS & CONDITIONS

Revised Brand enforces the following:

1. Authorization
The client (hereinafter referred to as "Client") is engaging Revised Brand as an independent contractor for the specific purpose of designing a World Wide Web site, herein after 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, herein after refer to as "Hosting Service", or provided on an online cloud based Wix.com account. The Client hereby authorizes Ghebriele Desta to access this account, and authorizes the Hosting Service to provide Ghebriele Desta and its designer 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. The Client also authorizes Ghebriele Desta to submit the completed Web Design Project to major Web Search Engines.

2. Development
This Web Design Project will be developed using the Wix.com HTML5 website editor. Wix is a cloud based program. Websites must be hosted at Wix.com only.

2a. Compatibility 
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Ghebriele Desta represents and warrants that the web site we design for you will work in:

• Microsoft® Internet Explorer versions (up to date versions)
• Mozilla Firefox version (up to date versions)
• Google chrome (up to date versions)
• Safari Browser (up to date versions)
• Mobile phone browsers (some phones may display the website differently from a desktop computer)

2b. Responsibility of Development
While Ghebriele Desta will make reasonable efforts to design a fully-functional web site, Ghebriele Desta's warranty does not cover out of date or text-based browsers or requested special effects that we have advised you against. Ghebriele Desta’s 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. Ghebriele Desta is not responsible for website outages caused by glitches/issues with the hosting company. However, Ghebriele Desta will attempt to contact the hosting company to recover any documents, Files that are lost, should there ever be a glitch or issue that causes the website to be down and unavailable on the World Wide Web. Revised Brand will not reimburse any business for any loses during a website outage, in any circumstances

3. Assignment of Web Design Project
Ghebriele Desta reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion for graphic design services only.


4. Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Ghebriele Desta and/or Revised Brand 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 Ghebriele Desta and Revised Brand 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.

4a. Copyright
The client agrees to provide content to us that does not infringe upon any company. The client also agrees to never upload copyrighted content on to the website, even after initial publication.

5. Web Site Maintenance.
This agreement allows for minor remote website maintenance for 1 hour upon initial launch of website, 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 the Wix.com online platform. The maintenance period begins on the date the Client's web site is launched and available to be published to the Client's hosting service (Wix.com). Major page construction and/or graphics modifications/additions will be charged at the $100.00 per hour rate. (This rate is subject to change at any time.) 

6. Completion Date
Ghebriele Desta and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project - Project deadlines are not guaranteed, and are contingent upon many factors. If the Client does not supply Revised Brand with complete text and graphics content for this Web Design Project within 30 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Ghebriele Desta as liquidated damages and the contract shall become null and void, at Revised Brand discretion.

7. Project Delivery
The final web site design project will be published to Wix.com’s hosting service upon receipt of final payment. The Client understands that Ghebriele Desta does not provide any hosting services in connection with this Web Design Project. Hosting services require a separate contract with the hosting service, Wix.com. The Client will be solely responsible for any and all hosting service charges.


8. Electronic Commerce Laws
The Client agrees that they are 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 Ghebriele Desta and Revised Brand 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.

9. Web Design Project Copyright.
The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, work-up files, and computer programs specifically are then transferred to the Client, and remain the property of the client. Ghebriele Desta and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects display a link to the Revised Brand Website. 

10. Payments.
Payments must be made promptly based on the terms of this Web Site Design Project. Revised Brand reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made prior to the completion of the Web Design Project by Website Designer. 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 the County of New York, New York, USA, and any dispute will be litigated or arbitrated in County of New York, New York and the Client hereby consents to the personal jurisdiction of the New York, USA State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.

11. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the proposal, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages. The Client agrees to pay Website Designer, Ghebriele Desta, a non-refundable 100% of the total cost to start the project since the work is completed by Ghebriele Desta once payment is received. Upon execution of this agreement, the Client agrees to pay to Ghebriele Desta the final non-refundable payment plus any additional costs that were incurred to complete the project. 

11a. Project Reactivation
We reserve the right to charge a $150 reactivation fee if there is no communication between Revised Brand and the client(s) for 30 days or more. This includes, but is not limited to: not receiving content in a timely manner, not receiving feedback in a timely manner, etc. Upon second occurrence the fee will be increased to $250. Upon third occurrence the contract will be terminated and any payment received will be forfeited in full.

12. Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither Ghebriele Desta nor any of its employees or agents, warrants 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 Ghebriele Desta and/or Revised Brand 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, your or your site visitor's computer or Internet software, even if Ghebriele Desta has been advised of the possibility of such damages.

13. This Agreement
This agreement constitutes the sole agreement between Revised Brand and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Revised Brand.

The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.


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

This agreement begins with {100%} non-refundable payment.

Last Revised 2/13/2018

 
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