jolly moon, LLC.
website design Service Agreement

Website Design Service Agreement
  Parties. This agreement is between JollyMoon.com (Provider) and the party as specified in the on-line application (Customer).  
       
  1
This agreement covers the website design and maintenance services only.
 
   
 
  2
The flat fee website design services include your choice of template. These are discounted services based on pre-designed set of about 1,000 templates in about 40 categories. CUSTOMER has the right to choose from any of the pre-designed templates or available resources. However, the discounted price doesn't include any customizations or modifications to the chosen template.
 
   
 
  3
If Customer decides to order any website designs, software applications, website programming, or other additional modifications on a full custom basis, customer will need to pay per hourly fee. The hourly rate is $60/hour. The estimate might not be accurate, it is only an estimate. Customer pays per actual hours not per estimate. Customer may set limits and the work will stop when the limit is reached.
 
   
 
  4
Approximate turnaround time for each plan is 15 to 30 days depending on the work estimate and selected services. Program starts after the Customer submits all of the website content to Provider.
 
   
 
  5
Provider offers standard "add on" features at flat rate. Customer agrees to pay such flat rate for the feature "as is". If Customer requires additional features he agrees to pay for the extras on per hour basis. The hourly rate is $60/hour.
 
   
 
  6
Customer has the option to subscribe for web site maintenance services. Maintenance plans vary depending on the needs of the Customer. The maintenance plans and the monthly fees are listed in the website.
 
   
 
  7
Customer agrees the text and logo "Website Design by: JollyMoon.com" to be placed at the bottom of each and every web page designed by Provider, in an unobtrusive manner but completely visible.
 
   
 
  8
JollyMoon.com is the owner of the Copyrights of all designs respective to web pages. Customer is the copyright owner of the content (text, pictures, etc.).
 
   
 
  9
If CUSTOMER makes an on-line, paperless subscription for the services. CUSTOMER acknowledges that all the information he submits on-line is true and correct to the best of his knowledge. CUSTOMER agrees that the act of submitting his subscription form on-line is equivalent to his/her signature, which is legal and binding.
 
   
 
  10
PROVIDER has the right to change the price of the services anytime without further notice.
 
   
 
  11
Services will start within 48 hours after Customer submits the content and signs this agreement.
 
   
 
  12
Provider will accept all reasonable communication like e-mail, Postal Service, fax, etc. for content submission. It is Customer's responsibility to provide all the content in a timely manner.
 
   
 
  13
Provider will do its best to provide the best possible professional quality. After the home page is designed and approved by Customer, provider will start building the following websites according to Customer's instructions. Customer's approval deems customer's satisfaction and there is no refund for the approved web design works.  Customer is allowed to request changes to their web design up to 5 times for free.  Any changes that are requested after the initial five requests are subject to a $60 per hour rate.  The time required to complete these changes may increase turnaround time of the project, depending on the types of changes requested. 
 
   
 
  14
CUSTOMER agrees to pay for the services the fees as specified at the web site in full when this agreement is signed and executed by both parties.
 
   
 
  15
PROVIDER will deliver (install) the design to a valid web address instructed by Customer.
 
   
 
  16
Customer agrees to accept the design within 3 business days after the notification of delivery. Mechanical errors can be reasons for non acceptance (rejection). Examples: missing pages, broken links, missing content, etc. If Customer does not respond within 3 business days after the notification, this work will be considered accepted.
 
   
 
  17
This agreement is terminated upon the acceptance of the design work by the Customer. For a customer who has purchased a maintenance plan, the agreement still exists. In this case the Agreement will remain in full force as long as Customer has his maintenance account current.
 
   
 
  18
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROVIDE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, SERVERS GOING OFF-LINE OR BEING UNAVAILABLE FOR ANY REASON WHATSOEVER, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES RESULTING FROM THE CORRUPTION OR DELETION OF ANY WEB SITE FROM ONE OF PROVIDER'S INTERNATIONAL SERVERS, IN EXCESS OF PROVIDER'S LIST PRICE FOR A LICENSE TO THE WEB DESIGN SERVICE AND DOCUMENTATION, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE CUSTOMER'S RESPONSIBILITY FOR THE USAGE OF HIS CONTENT AND ANY CONSEQUENCES OF THIS USAGE.
 
   
 
  19
Customer agrees to release, indemnify, and hold Provider and its contractors, agents, employees, officers, and affiliates harmless from all liabilities, claims and expenses, including attorneys fees, resulting from your publications or use of illegal, abusive or unethical materials.
 
   
 
  20
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein.
 
   
 
  21
This Agreement may be modified upon mutual agreement of the parties. All
modifications, amendments, and new agreement between the parties shall be in writing, signed by both parties.
 
   
 
  22
If any provision or term (or portion thereof) of this Agreement is held to be invalid,
void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
 
   
 
  23
The right and obligations of each of the parties hereto may only be assigned or delegated with the written consent of the other party.
 
   
 
  24
This Agreement and the legal relationship between the parties shall be governed and
construed in accordance with the laws of the states of the United States Of America.
 
   
 
  25
Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
 
   
 
  26
No Partnership, agency or employment relationship are generated between the parties due to this agreement.
 
   
 
  27
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
 
   
 
  28
Arbitration. Any dispute arising under this agreement shall be resolved by binding arbitration of the American Arbitration Association.
 
       
    The foregoing is agreed to by:    
    By Provider By Customer  
    Company Company  
    Title Title  
    Signature Signature  
    Date Date  



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