Dana Barry Web Design

PAYMENTS
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50% of the total project cost is due at the start of the project, with the remaining balance due upon acceptance of the design/layout. All payments are non-refundable upon receipt. There are no exceptions.

For projects under $500, Dana Barry Web Design requires 100% of total payment up front before starting on the project.

All amounts must be in US Dollars (US$) and made through credit card (Visa, MasterCard or American Express) or PayPal.

COMPLETION DATE
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Dana Barry Web Design 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 no later than 90 days after client has submitted all necessary materials. If the client does not supply Dana Barry Web Design with complete text and graphic content for this web design project within 45 days of the date agreement was made, either signed or verbally, the contract is void and any deposits are forfeited. By submitting your deposit to Dana Barry Web Design you agree to the terms and conditions listed on our website.

PROJECT DELAY
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If circumstances change and you need to put your project on hold, you will be locked in to your quoted price for a period of 90 days from your estimated start date. After 90 days, your project will need to be reassessed at current rates. If you decide not to proceed, all deposits are forfeited and any graphics, layouts or mock-ups will remain the property of Dana Barry Web Design.

DESIGN PROCESS
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Once your deposit is made, you will be presented with a series of designs to choose from. From those concepts Dana Barry Web Design will work with your guidance to modify components from each concept into one final approved layout. Once a design is approved for your website layout, you are bound to this design. There is no changing once all of the coding has begun, links placed etc. If the client decides at any point they want a new layout, payment in full is required, and the original price estimate is void. An evaluation of current pricing will be done for the new layout.

COMMUNICATION & SUPPORT
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Once payment has been received and the design of your website has commenced, you must be available via e-mail, able to answer all questions and complete tasks daily throughout the design process. Almost all communication is via e-mail and not by phone, fax, postal mail or in person.

Once the site goes 'live', you enter a maintenance period which means any changes, additions, edits etc... all follow the 2009 price list. All communication continues and your support is free of charge as long as you continue a working relationship with Dana Barry Web Design.

AUTHORIZATION
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As the client, you authorize Dana Barry Web Design to install any scripts, software or programs relevant to the web design project and to access your website account through your hosting service panel and FTP. You will provide Dana Barry Web Design with the login information and passwords necessary to access your website.

CREDIT & USAGE
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All graphics, illustrations, and layouts are intended to be kept whole as given to you. All work done by Dana Barry Web Design may not be used by anyone else but the specified client on the domain for which it was originally designed. All preliminary mockups to include graphics, layouts, etc., which are not selected by the client remain the full property of Dana Barry Web Design and may be used in future projects for other clients.

Dana Barry Web Design retains all rights to display artwork in portfolios and advertising materials. E-mail testimonials from clients may be posted on www.danabarrywebdesign.com.

All website designs by Dana Barry Web Design require a text link back to Dana Barry Web Design unless other arrangements have been made. The client guarantees that links back to Dana Barry Web Design will remain in place until such time as that website design is no longer published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract.

PROJECT OWNERSHIP
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Ownership of final artwork designed by Dana Barry Web Design on behalf of the client will be transferred to the client upon final payment, unless otherwise specified by Dana Barry Web Design . This does not include code or software. Copyright on all software and code remains the property of Dana Barry Web Design or its otherwise respective owner.

INTELLECTUAL PROPERTY RIGHTS
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Any intellectual property rights on a worldwide basis, including, without limitation, patentable inventions (whether or not applied for), patents, patent rights, copyrights, work of authorship, moral rights, trademarks, service marks, trade names, trade dress trade secrets and all applications and registrations of all of the foregoing resulting from the performance of these Terms and Conditions of Sale that is conceived, developed, discovered or reduced to practice by Dana Barry Web Design, shall be the exclusive property of Dana Barry Web Design. Specifically, Dana Barry Web Design shall exclusively own all rights, title and interest (including, without limitation, all intellectual property rights throughout the world) in and to the Products and any and all inventions, works of authorship, layouts, know-how, ideas or information discovered, developed, made, conceived or reduced to practice, by Dana Barry Web Design, in the course of the performance of these Terms and Conditions of Sale.

CONFIDENTIALITY
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All correspondence and documents provide will be treated as confidential between the client and Dana Barry Web Design.

LIMITATION ON LIABILITY
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To the extent not prohibited by applicable law:

IN NO CASE SHALL DANA BARRY WEB DESIGN BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY DANA BARRY WEB DESIGN'S OWN NEGLIGENCE OR FAULT.

CONSEQUENTLY, DANA BARRY WEB DESIGN SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON THE USE OF THE PRODUCT IN COMBINATION WITH OR INTEGRATED INTO ANY OTHER INSTRUMENT OR DEVICE. HOWEVER, IF DANA BARRY WEB DESIGN IS HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE ARISING UNDER THIS LIMITED WARRANTY OR OTHERWISE, REGARDLESS OF CAUSE OR ORIGIN, DANA BARRY WEB DESIGN'S MAXIMUM LIABILITY SHALL NOT IN ANY CASE EXCEED THE PURCHASE PRICE OF THE PRODUCT WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST DANA BARRY WEB DESIGN.

AGREEMENT TO TERMS & CONDITIONS
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By submitting your deposit to Dana Barry Web Design you agree to the terms and conditions listed on our website.

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