Please read and review the terms and conditions carefully. By signing this agreement, the Client has acknowledges and verifies a full understanding of all terms and conditions of this agreement. If you do not accept the forth mentioned terms and conditions, please do not sign below or initial the following pages. Both parties will be held liable to all terms and conditions of this agreement once accepted.

Fee Terms:

This fee summary is based on work performed on a fixed cost basis. Should the scope of the project change after acceptance of terms and pricing, we will provide a detailed scope change to define additional work and associated costs.

The above pricing is effective upon confirmation and acceptance of this agreement. Payment for the project can be handled in two ways once approved. (1) One half of total project fee is due upon contract acceptance with remainder due upon project completion. (2) Payment can be made in phases, thus you pay for the phases before commencement of each individual phase, with phase IV fees due upon contract / project completion. Any additional payment option should be submitted and approved in writing by the Client and Service Provider. Monthly and yearly items such as hosting, SEO, etc., will be billed one billing cycle in advance. Unless otherwise arranged in advance, a deposit of the design, production, and expense estimates is required upon initiation of each project phase. The remainder of the costs for each phase will be invoiced upon its completion. Invoice terms are net 30 days. Invoices remaining unpaid after 30 days will be assessed interest at 1.5% per month (18% annually). If any phase of this project is delayed longer than 60 days, we will bill for work completed to date.

Costs:

The costs and expenses cited in this contract are our best estimates given the information provided. They include meetings, consultation time, design, programming, and production time, as well as a reasonable and customary amount of revisions. If additional information is forthcoming, project specifications change, or the scheduling changes, cost and expense estimates may also change. All changes will be submitted in writing in the form of a change order and will not be executed until approved by both parties. The effect of major changes, additional services, and delays can effect project costs and shall be documented and submitted for compensation.

Revisions & Alterations:

Work not described in this final contract, including but not limited to revisions, corrections, alterations and additional proofs, will be billed as an additional cost at the hourly labor rate of $75 per hour, which is our original design rate.

Responsibility:

EnterNet Designs, Inc. will make every reasonable effort to ensure the accuracy of what is produced, but is not responsible for the correctness of copy, illustrations, photographs, nor for obtaining clearances or approvals other than stock photos and graphics. Client shall assume full responsibility for any accepted graphic recommendations from EnterNet Designs, Inc. including, but not limited to trademark and patent searches, registrations, feasibility testing, and legal compliance responsibilities. Client shall indemnify EnterNet Designs, Inc. and hold it harmless from any damages, costs, or losses that might arise as the result of any action against either party regarding products and/or services performed with regards to this project.

EnterNet Designs, Inc. will take normal measures to safeguard any materials entrusted to us.

Each party shall use commercially reasonable efforts or fulfill its obligations hereunder, but shall in no event be responsible for any failure or delay in performance due to any catastrophe, act of God or government authority, civil strife, or any other cause beyond the control of such party. In no event shall our liability exceed the sum of payments received from the Client under this Agreement. Neither Client nor EnterNet Designs shall be liable to the other for any consequential, indirect, special or punitive damages, even if such damage were reasonably foreseeable.

Copyright notice:

Original copyrights are owned by EnterNet Designs. Upon completion of Work, the copyright will only be released to the Client upon receipt of the final payment or the remaining balance.

Limitation on liability:

The service provider, EnterNet Designs, shall not be held liable for monetary relief, or, except as provided by Federal Copyright Laws, for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate Copyright Infringement and Remedies § 512 156 Copyright Law of the United States and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which the material is made available online by the Client or person(s) other than the service provider.

Fees & Additional Services:

Changes in client input or direction or excessive changes will be charged at the current hourly rate designated by the EnterNet Designs. Any Work the Client wishes EnterNet Designs to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Service Agreement will be considered an additional service. Such work shall require a separate Agreement and payment separate from and above that specified in this Agreement.

Expenses:

All expenses such as fonts, messengers, proofs, props, research, software, stock photography, travel, telephone consultation, templates, modules, components, and extensions as agreed upon by the Client and EnterNet Designs are included in the initial agreement and pricing. Any changes that require additional funding not included in the initial agreement will be submitted to the Client in writing for approval in the form of a change order.

Permissions & Releases:

The Client agrees to indemnify and hold harmless EnterNet Designs against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

Terms of Service:

The service provider, EnterNet Designs, shall not be held liable for material made available online by the Client or person(s) other than the service provider. Publishing and temporary storage of adult related, offensive, or questionable material such as images, multimedia, written, or copied content is prohibited by the service provider. The use of copyrighted material is Copyright Infringement and is not permitted by the service provider. The previously listed terms apply to the Client or person(s) responsible for updating, maintaining, changing, uploading and downloading content for the website. Terms of Service directly and firmly apply all Clients with content management access and ftp access to their web platform.

Violation of Terms:

The service provider, EnterNet Designs, shall reserve the right to suspend or terminate services provided to the Client at any time with proper cause and reason. Such cause and reason may include violation(s) of the Terms of Service and as well as lack of payment(s) for services provided and rendered to the Client. For any and all copyright violation(s), the service provider will following a strict process to resolve the infraction. In regards to copyright violation(s) or infraction(s), service and access to content management and/or ftp could be suspended or terminated after proper notification. Notification of service suspension or termination will be provided by the service provider.

Forfeiture of Contract:

If the client has not provided material or approval necessary to complete the project to the developer within 45 days of the date this contract is signed, this action may be considered Cancellation. Forfeiture of Contract may constitute forfeiture of any deposit/monies remitted to EnterNet Designs.

Deadline Publishing:

If the client has not provided material and/or approval necessary to complete the project to the developer within 45 days of the date this contract is signed, EnterNet Designs reserves the right PUBLISH all Work AS IS and/or enforce the Forfeiture of Contract. Client will receive an invoice for the remaining balance within 10 business days of the Deadline Publishing. At the time of Deadline Publishing, all Work will be considered completed. Any additional work done on the project will be done for the current hourly rate until completed.

Termination:

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, EnterNet Designs shall have the right to bill pro rata for Work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by EnterNet Designs and the EnterNet Designs shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. The Client and EnterNet Designs are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor EnterNet Designs has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.