All web design, ecommerce design, or general website/management related services provided by Aarc Media Group LLC are subject to the following terms and conditions…
This Agreement, is made on the date client paid a contract invoice, OR, ordered block time and is between (“Client”), and Aarc Media Group LLC.
In consideration of Client retaining Aarc Media Group LLC to develop a website for Client, it is agreed as follows:
Compensation and Terms
Client agrees to pay all invoices within 7 days of receipt unless otherwise noted. All invoices for “block time” related services are due upon receipt unless otherwise noted.
Aarc Media Group LLC will perform all services at Aarc Media Group LLC facilities, as directed by Client. Aarc Media Group LLC will perform the services at various times and for various durations as agreed upon by Client and Aarc Media Group LLC.
Reasonable and necessary business expenses actually incurred by Aarc Media Group LLC shall be reimbursed by Client upon submission of expense reports with back-up documentation. All such expenses in excess of $15 and all travel plans must be approved in advance by Client.
Aarc Media Group LLC shall provide detailed invoices and shall maintain, and provide, upon request, backup documentation for a period of one year from the date of the respective invoices. Client shall make full payment for services within 15 days of invoice. If Aarc Media Group LLC brings a legal action to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including reasonable attorney’s fees.
Warranties by Aarc Media Group LLC
Aarc Media Group LLC represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, Client will not determine or exercise control as to general procedures or formats necessary to have these services meet Client’s satisfaction.
Ownership of Artwork
Until full payment has been made, Aarc Media Group LLC retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. Aarc Media Group LLC retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
Production Schedule / Product Delivery
Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Aarc Media Group LLC shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, changes in clients needs, and additional requests by client, unforeseen illness, or external forces beyond the control of Aarc Media Group LLC. If such event(s) occur, it shall entitle Aarc Media Group LLC to extend the completion/delivery date, by the time equivalent to the period of such delay.
Proofing of Final Project/Updates
Aarc Media Group LLC 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 Aarc Media Group LLC 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.
Services purchased from Aarc Media Group LLC are provided “as is” without warranty of any kind that the web related project/tasks will be uninterrupted or error free. In no event shall Aarc Media Group LLC be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
Aarc Media Group LLC acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. Aarc Media Group LLC shall not enter into any contract or commitment on behalf of Client. Aarc Media Group LLC further acknowledges that it is not considered an affiliate or subsidiary of Client, and is not entitled to any Client employment rights or benefits. It is expressly understood that this undertaking is not a joint venture.
Aarc Media Group LLC recognizes and acknowledges that this Agreement creates a confidential relationship between Aarc Media Group LLC and Client and that information concerning Client’s business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as “Confidential Information.”
Aarc Media Group LLC agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client. Aarc Media Group LLC further agrees to bind its employees and subcontractors to the terms and conditions of this Agreement.
Conflict of Interest
Aarc Media Group LLC shall not offer or give a gratuity of any type to any Client employee or agent.
In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned and retained by Aarc Media Group LLC, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.
11. Governing Law
This Agreement shall be construed and enforced in accordance with the laws of the State of New York in the County of Broome.
Acceptance of Agreement
By paying contract invoices, or by ordering web service related block time, client agrees to and accepts the associated prices, specifications and conditions. Aarc Media Group LLC is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above. This agreement shall remain in effect until all obligations under this Agreement have been properly completed.