This document sets forth the additional terms and conditions that become part of your Web Hosting Agreement with NENCER in the event that you choose to purchase or otherwise receive Web Design or Web Development services from NENCER. Any terms set forth herein which may be in conflict with any of the terms in your Web Hosting Agreement shall be controlled by the terms of the Web Hosting Agreement and not this document.
You hereby grant full access to your NENCER Web Hosting account including all features, files and subfiles located therein to NENCER and/or its Web Design and Web Development partners for the purposes of designing developing and implementing a web site, web page, web pages or web application to be displayed to the public within your NENCER Web Hosting account and for any other purpose related to the provision of Web Design/Development services to you. You further authorize NENCER and/or its Web Design and Web Development partners to submit the completed Web Design Project to major Web Search Engines.
NENCER Web Design and Development services are sold on a pre-packaged basis. The specific items included in the package that you selected during your sign-up process are as indicated on the NENCER website at https://www.nencer.com. Pricing for each such service is as indicated on that page at the time of your request for this service. All packages are to be paid in advance of commencement of any work performed. NENCER expressly reserves the right to run promotional specials without undertaking any obligation to refund any service not eligible for such promotion.
3. Additional Services
To the extent that the requirements of your project exceed the products or services that are included in your Package you may purchase additional products or services at an additional cost. Please contact your NENCER representative for additional information in this regard. All such prices quoted are, in the absence of specific written agreement to the contrary, estimated only. All such quotations for design work are based upon projected working hours at the current studio rate, plus materials, and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer.
4. Customer Property
Customer text, graphics, photos, designs, trademarks, other artwork, and any other intellectual property (“Customer Property”) supplied to NENCER for use in or with the Design or Development services provided under these terms shall be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. All customer copy and artwork is either owned by you or you have the right to use it. All such Customer Property shall remain your property and will not be copied or otherwise used in any manner by NENCER or any NENCER design partner for any purpose not in furtherance of NENCER obligations under the terms of this Agreement. You agree to fully indemnify and hold NENCER and their design and development partners harmless of and from any claim against them or their officers shareholders, agents or affiliates arising out of any claim of right title or interest in or to any Customer Property or arising out of the alleged use or misuse of any such Customer Property.
Final proofs will be presented by NENCER to the Customer for approval prior to publishing. In most instances our web design projects are complete well within thirty (30) days of commencement. Customer revisions may be requested until final approval is given. Final Approval shall be accepted only in the following ways (a) by Customer’s written approval on the NENCER Final Approval form (b) After six (6) months from commencement of any design or development work Customer shall be deemed to have given Final Approval. (“Final Approval”) Any revision requests post final Approval will be charged to Customer at NENCER then prevailing hourly design work rate.
Error Identification Upon identification of any programming error, the customer shall notify NENCER of such error and shall provide with a problem report and enough information to reproduce the error. NENCER shall use its reasonable efforts to respond to problem reports. A bug report sheet will be provided and must be fully completed. Critical errors will need to be marked “Critical Error”.
NENCER shall not be responsible for correcting any errors not attributable to NENCER. Errors attributable to NENCER shall be those that are reproducible by NENCER on unmodified software.
Causes Not Attributable To NENCER Customer shall reimburse NENCER at the NENCER then current time and material rate for all work by NENCER investigating or repairing any error or malfunction which NENCER reasonably determines to have been caused by a modification to the Software that was neither made by nor authorized by NENCER including but not limited to any changes caused by any software process or product(s).
NENCER shall have no obligation to publish Customer’s website without Final Approval under subsection (a) in PROOFS as set forth above. Thereafter, NENCER shall transfer the Customer website to Customer’s hosted NENCER account and verify operation. This shall complete any and all NENCER Development and Design obligations to Customer under this Agreement. Any further work requested by Customer shall be charged to Customer at NENCER then prevailing hourly design work rate.
This Web Design Project will be developed using various commercial software products and proofed by hand.
Browser Compatibility - Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. NENCER represents and warrants that the website we design for you will work in:
Microsoft Internet Explorer versions 7 and up (PC Platform)
Firefox (Mac & PC Platforms)
While NENCER will make reasonable efforts to design a fully functional website compatible with the browsers set forth above, we cannot guarantee fully functional operations within any AOL Browser, any text-based, mobile or App based browsers.
NENCER may utilize the services of subcontractors to fulfill any or all of its obligations under this Agreement. NENCER my assign any or all of its rights and obligations to any third party without advance notice to you. In such event such third party shall be obligated to fulfill all terms set forth herein to the same extent as if this Agreement had not been assigned.
9. Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend NENCER and any partners and subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Notwithstanding anything to the contrary contained in these terms, neither NENCER nor any of its partners, subcontractors or agents, warrant that the functions contained in any Website produced under these terms will be or remain uninterrupted or error-free. The entire risk as to the quality and performance of any Website is with the Client. In no event will NENCER be liable to the Client or any third party for any damages, loss of services including, but not limited to, hosting service providers, domain names, domain name registrant services, ecommerce features including but not limited to: SSL certificate(s), Paypal™, payment gateway(s), merchant account(s), service interruptions caused by Acts of God, the Hosting Service, hacking, hack attacks or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate any Website, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitor’s computer or internet software, even if NENCER has been advised of the possibility of such damages. Development of CMS (Content Management Systems) do not include free upgrades or updates to that software. Development will be completed with the current stable release of that software at the time of development of the client’s site.
11. Search Engines
Basic Search Engine Optimization services are included in the development of the Website under this Agreement. No listing or ranking is promised or guaranteed under this Agreement. NENCER does have partners that offer SEO related services. Please contact your NENCER representative if you are interested in purchasing SEO services for your website.
12. Customer Responsibilities
Obligations. Customer shall cooperate with NENCER to provide any and all necessary information, and other Customer Property that may be required for the full design and development of any Customer Website and any Webpage contained therein. The failure to reasonably provide such requested information within 30 days of request by NENCER shall constitute a material breach of this Agreement by Customer and shall relieve NENCER of any further obligations hereunder. In such event, Customer shall not be entitled to any refund, credit or other reduction in fee for any unfinished work. Customer shall be entitled to a copy of the work completed to up to the point of the material breach.
Primary Contacts. The customer shall appoint one (1) individual within customer’s organization to serve as primary contact between the customer and NENCER for purposes of each Design or Development project. Contact information for this individual shall include email address and telephone number.
13. Refusal of Service
NENCER reserves the right to refuse any Design or Development assignment for any reason.
14. Other Documents Incorporated Herein
The applicable NENCER Terms of Service (Shared, Dedicated or otherwise) together with all other NENCER Legal documents located on the NENCER.com website are fully incorporated herein as though set forth at length. Any discrepancy between this document and the effective Terms of Service shall be controlled by the terms of the applicable TOS and not this document.