Web Design Agreement

We want you to be completely comfortable before hiring us for your project. If you have any questions or reservations, please contact us prior to making a payment for our services.  Please also make sure to review our refund and cancellation policy. Thank you! 

These terms shall be construed in accordance with and governed by the laws of the State of Texas USA, without regard to principles of conflicts of law. Each party consents to the exclusive jurisdiction and venue of the courts of Harris County, TX for the resolution of any action arising out of these terms.

PRODUCTION SCHEDULE/DELIVERY OF PROJECT
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. The designer shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer. If such event(s) occur, it shall entitle the designer to extend the completion/delivery date by the time equivalent to the period of such delay. 

COPYRIGHT
The client guarantees that any text, graphics, photos, designs, trademarks, or other artwork furnished to Xonuox Communications for inclusion in the project are owned by the client, or that the client has express permission from the rightful owner to use each of the elements, and will hold harmless, protect and defend Xonuox Communications and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. 

THIRD PARTY SHIPPING
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the designer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party. 

CLAIMS PERIOD
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of fifteen (15) days after completion of project. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications. 

PROOFING OF FINAL PROJECT
The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public. 

CANCELLATION
In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be retained by Xonuox Communications, and a fee for work completed, based on the contract price and expenses already incurred shall be paid by the client. 

CONFIDENTIALITY
All correspondence and documents provided will be treated as confidential between the client and Xonuox Communications, unless consent has been granted by both parties involved. 

PROFESSIONAL PHOTOGRAPHY
If you submit professional photographs to us for use on your website or in print media, you will also need to supply a signed release from the photographer allowing us to use the photographs in any designs we create for you. 

COMMUNICATION
If client stops responding to email communication for a period of thirty (30) days during the design and development process, the project will be canceled without prior notice, any monies paid will be forfeited to Xonuox Communications and the contract will become null and void. Projects restarted after that time will be subject to the current availability of Xonuox Communications, and will be re-quoted based on current rates for the services remaining. 

OWNERSHIP OF ARTWORK
Xonuox Communications retains copyright ownership of all original artwork or parts contained therein, whether preliminary or final, until payment has been received in full. Upon receipt of full payment for all services rendered, ownership of the coding and images created by Xonuox Communications are transferred to the client for use for the business the website design was created. Client does not receive the right to redistribute such graphics or code.  Rights to photos, graphics, source code and software not owned by Xonuox Communications are specifically not transferred to the client, and remain the property of their respective owners (stock photo, graphics, shopping cart software, etc.)  Xonuox Communications retains the right to use the completed project for the purpose of marketing materials and portfolio. Any preliminary designs not used for client’s project may be used by Xonuox Communications in future projects for other clients.