The following general terms and conditions apply to all work undertaken by LanBlue which includes but is not limted to website development, online store development, website updates, hosting and software development.
DESCRIPTION OF PROJECT AND PROCESS
- LanBlue Inc., a United States Corporation (LanBlue) will plan, design, and code a project for the individual or business (the Client), to the specifications in the latest DESIGN BRIEF.
- The quoted charges covers only that which is described in the DESIGN BRIEF. Additional work will result in additional charges. Additional work is defined as the addition of pages, graphics, or other significant features, any graphic, page design, or actual page requiring more than two rounds of revisions, revisions to text content provided ready for publication, changes to elements which have been finalized, or significant changes in plan, scope, or direction of project. In this case, the Client will be provided with an updated DESIGN BRIEF including a quote for the additional work.
- In certain circumstances, we may also give an ESTIMATE in order to give a potential client a ballpark idea of our charges. The ESTIMATE is a good faith approximation of the likely quoted charges in any future DESIGN BRIEF. It is not a final quote of charges.
- The process for the creation of visuals, such as graphics and page designs, consists of LanBlue providing drafts and asking for feedback from Client; the feedback is then used to produce another draft. The DESIGN BRIEF assumes that a maximum of two rounds of this process for each design element will suffice.
- Text content will be provided by Client as final drafts ready for publication and in digital form. Graphic content will be provided by Client in an orderly manner and clearly labeled as to desired use on site.
- Once a significant proportion of the DESIGN BRIEF is complete (or sixty days whichever is the sooner), the website will be moved from "Development" status to "Pending Operational" status. At this point it will be published on the internet and will be available for visitors. After a short period for any fine tuning (typically 2-3 days) we will move the website to "Operational" status. "Operational" status ends the design and development detailed in the DESIGN BRIEF. At this point charges for (optional)Additional Services will apply.
- To maintain our portfolio credentials, and the integrity of any applicable copyrights, LanBlue shall be entitled to place an unobtrusive credit with a hypertext link on each page of the web site or software system. LanBlue is also entitled to reproduce samples of Client’s project in our portfolio and in any marketing materials.
QUOTATION AND PAYMENT ARRANGEMENTS
- LanBlue will quote the charges producing the site described in the DESIGN BRIEF. All prices quoted are in US$.
- For projects up to a value of $1000, full payment is due on acceptance of the DESIGN BRIEF (acceptance shall be indicated by the client with an email indicating their agreement with the content of the said brief).
- For projects over $1000, payment shall be made as follows: An initial payment of 50% of the quoted charge is due upon acceptance of the DESIGN BRIEF (acceptance shall be indicated by the client with an email indicating their agreement with the content of the said brief), before work begins; A final payment (adjusted for any changes to the DESIGN BRIEF) is due upon completion of project as specified, before web site is published on the Internet or software released to the client.
- If the production process takes longer than 30 days, billing will switch to monthly and will be based on hours expended, based on the hourly rate in the DESIGN BRIEF, with invoices sent at month's end.
- In the event of the cancellation of this assignment, or any delay of more than 60 days, we will invoice you for the greater of either: (1) all work completed up to the date of notification, based upon the percentage of the project finished, including expenses; or (2) 20% of the remaining agreed upon charge in the DESIGN BRIEF plus expenses, and this contract shall be considered fulfilled by LanBlue. All incomplete work will remain the property of LanBlue. All payments already made will first be applied to these charges.
- In the event of cancellation of the project before completion, LanBlue will bill you only for hours actually spent to the point of cancellation. Any excess of payment over billed hours will promptly be refunded. Any shortfall is due and payable immediately. All work completed will be packaged and delievered promptly by CD or by electronic means.
OTHER LEGAL AGREEMENTS
- LanBlue will maintain the confidentiality of Client’s source materials, technical and marketing plans and all other sensitive information.
- LanBlue and Client agree that any dispute arising out of this Agreement shall first be resolved by mediation, if possible. This contract was entered into in Collier County, Florida, USA and any necessary arbitration or litigation will take place in this county.
- Upon full payment of all invoices due, copyright to page designs produced by LanBlue for Client shall belong to Client. Secondary materials created by LanBlue during production, including drafts, plans, graphic source files, and templates, remain the sole property of LanBlue unless other arrangements are made.
- In the case of software development, upon payment of all invoices due, Client shall receive a limited use, non-exclusive, non-transferable licence to use the software. Unless specifically agreed otherwise, all material including drafts, source code and plans shall remain the sole property of LanBlue.
- Client is solely responsible for the editorial content of the material included on its web site or in it's software. Accordingly, Client agrees that it will defend and indemnify LanBlue from any suit, demand, or claim resulting from the editorial content of the project.
- Client represents to LanBlue and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to LanBlue for inclusion in Client’s project are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend LanBlue and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
- LanBlue will set up web hosting for Client if hosting is included in the DESIGN BRIEF. However, LanBlue makes no guarantees as to minimum "uptime", nor shall LanBlue be held responsible for any direct, indirect, special or consequential damages resulting from possible lapses in hosting services. Such possible damages include any lost profits or business interruption or loss of digital data.
- All development and services which include facilities for credit card processing will be secured by 256 bit SSL security.
- LanBlue will not be liable to Client or to any third party for any damages arising from the use of the web site or software.
- Errors and Omissions - LanBlue will use good faith to ensure websites and software authored by LanBlue are free of errors however, LanBlue may not be held responsible for any errors that may arise in the course of developing or in the operation any websites or software. LanBlue does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client’s responsibility to proof and test their own websites and software for errors.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.