A Little Unique Design Studio is a leader in creating and servicing web sites for Internet users throughout the United States. In order to effectively continue its purpose and create a business relationship between A Little Unique Design Studio and its clients, A Little Unique Design Studio has set forth the following terms and conditions which shall govern this Agreement between the parties. These terms and conditions are intended for the purpose of establishing operating principals.
TERMS
This Agreement between the parties, A Little Unique Design Studio and CLIENT, shall remain in effect between the parties unless otherwise canceled or modified by either party in accordance with the terms and conditions set forth herein.
BILLING/INVOICING
A Little Unique Design Studio billing policy
is a one time invoice when said agreed upon services are completed. Payment is
due in full by method of credit card, cashier's check, certified bank money order,
personal or business check. Delinquent bills will be assessed a US$20 charge
if payment is not received within 15 days of the due date. If
an amount remains delinquent 30 days after its due date, an
additional 10% penalty
will be added for each month of delinquency. If payment is not received after 60
days of said agreed upon services are completed any and all amounts
owing will be forwarded to a collection agency of our choice and further action
will be taken. A Little Unique Design Studio 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. The client agrees that for purposes of venue, this
contract was entered into in Denver County, Colorado, and any dispute will be
litigated or arbitrated in Denver County, Colorado. Please pay on time. A US$10.00 service
fee will be charged for all returned checks in addition to client being responsible
for all related service charges, charge back and bank fees incurred. A
Little Unique Design Studio shall invoice CLIENT for services rendered in
accordance with the terms and conditions set forth herein.
REFUND OF PAYMENT POLICY
If the CLIENT halts work and applies by registered letter for a refund within
30 days to:
A Little Unique Design Studio
10294 Waco Ct
Commerce City CO 80022
Work completed shall be billed at the hourly rate as stated in the signed "Web Design Contract", 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 as stated in the signed "Web Design Contract". No portion of this initial payment will be refunded unless written application is made within 30
days of signing the "Web Design Contract".
TERMINATION
Either party may terminate this Agreement without cause upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit A Little Unique Design Studio right to terminate CLIENT immediately and without prior notice for violations as set forth herein. In the event that A Little Unique Design Studio elects to terminate CLIENT as a result of its improper acts and breach of the terms and conditions contained herein, CLIENT shall not be entitled to a refund of the balance. In the event CLIENT elects to terminate this Agreement, same shall be considered a breach and CLIENT shall not be entitled to any refund. In the event that A Little Unique Design Studio elects to terminate CLIENT without cause, CLIENT shall receive a full refund of any balance. However, if CLIENT terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.
LIABILITY
CLIENT agrees that A Little Unique Design Studio shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies. CLIENT further agrees that A Little Unique Design Studio shall not be liable for any damages or losses sustained by CLIENT for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages. CLIENT agrees that it shall not hold A Little Unique Design Studio liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service. IN NO EVENT SHALL A Little Unique Design Studio LIABILITY EXCEED THE TOTAL VALUE PAID TO A Little Unique Design Studio BY CLIENT.
REPRESENTATION AND/OR WARRANTIES
A Little Unique Design Studio makes no representations
and cannot guarantee that CLIENT'S domain name or web site content does not infringe
upon any trademarks, trade names, service marks or other proprietary rights owned
by a third party. CLIENT shall not hold A Little
Unique Design Studio liable for any damages, injuries or losses incurred
by CLIENT as a result of any action instituted by a third party.
SECURITY
CLIENT understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. A Little Unique Design Studio MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL A Little Unique Design Studio BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CLIENT. IN NO EVENT SHALL A Little Unique Design Studio LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN A Little Unique Design Studio AND CLIENT.
APPLICABLE LAWS
CLIENT will ensure that its use of the Internet and any service provided by A Little Unique Design Studio to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, invasion of privacy, and pornography. In the event that CLIENT violates this provision, A Little Unique Design Studio shall have the right to consider same a breach of this Agreement by CLIENT which shall entitle A Little Unique Design Studio to terminate CLIENT immediately without prior notice. It shall be within the sole discretion of A Little Unique Design Studio to deem material as pornographic or inappropriate.
INTEGRITY OF INFORMATION
CLIENT is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
DOMAIN NAME OWNERSHIP/REGISTRATION
CLIENT shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving, registering, activating, or maintaining same. CLIENT shall make payment directly to the issuer. Under no circumstances shall A Little Unique Design Studio be responsible for this cost.
INTERNET SERVICE ACCESS
A Little Unique Design Studio does not provide Internet access or dial up features. CLIENT shall be responsible for all costs and fees associated with Internet access. CLIENT shall make payment directly to the issuer. Under no circumstances shall A Little Unique Design Studio be responsible for this cost.
LEGAL ACTION
CLIENT agrees to indemnify and hold A Little Unique Design Studio harmless in any legal action which arises as a result of CLIENT'S use of A Little Unique Design Studio services, without limitation or exception including, but not limited to any action brought against CLIENT by a third party.
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of Colorado and jurisdiction shall lie within the State of Colorado. CLIENT HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF COLORADO.
HEADINGS
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
MODIFICATION
The terms and conditions of this Agreement may be modified at the discretion of A Little Unique Design Studio with 30
days written notice to CLIENT. E-Mail shall be deemed adequate notice.
ENTIRE AGREEMENT
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements. Failure to properly notify A Little Unique Design Studio via e-mail, telephone or regular mail of your disagreement with the above terms and conditions will constitute CLIENT'S acceptance of same.
