Contract for Website and Graphics Services

This agreement is between you, herein referred to as the "client" and South Shore Studio. This agreement becomes enforceable by both parties on the date of purchase of any service and is valid for all web design, graphics or social media projects. Web design projects, graphics projects and social media projects are all herein referred to as the "design project."

1. Authorization
The client is engaging South Shore Studio as an independent contractor for the specific purpose of designing a web site, creating a social media upgrade page (Facebook or Twitter) or designing a specific graphic image, to be published on the client's social media account, South Shore Studio's hosting account or provided via email at the client's request. The client hereby authorizes South Shore Studio to access any social media account necessary for publication of the design project and grants South Shore Studio permission to publish any web design files to the domain name chosen by the client. The client also authorizes South Shore Studio to submit any completed web design project to major web search engines.

2. Right of Refusal
South Shore Studio reserves the right to refuse any design project request that it deems inappropriate for any reason, including, but not limited to, inappropriate subject matter (illegal, gambling, pornography, etc), the inability to communicate with the client verbally or by email, the inability to effectively negotiate the details of the design project with the client or any other reason. In such case, South Shore Studio agrees to issue a partial refund of the initial purchase price depending on the amount of time spent working on the client's design project.

3. Development
This design project will be developed using high quality development software such as Adobe products as well as hand-coding. Designing a website to fully work in multiple browsers (and browser versions) is labor intensive. South Shore Studio warrants that any website we design for you will work in most current browser versions but makes no guarantee that the site will function in all browser versions. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors, including those with disabilities. South Shore Studio reserves the right, and you hereby agree, to assign subcontractors to this design project to insure that the terms of this agreement are met as well as on-time completion.

4. Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to South Shore Studio for inclusion in the web design, social project are owned by the client, or that the client has permission or license from the rightful owner to use each of these elements, and will hold harmless, protect and defend South Shore Studio and its subcontractors from any claim or suit arising from the use of such elements furnished by the client (including attorney's fees and court costs) .

5. Web Site Maintenance and Changes
This agreement allows for free minor web site and social media account changes and maintenance over a 14 day period to enable the client to test and approve the design and function of the design project. After the initial 14 day period, changes and maintenance will incur the current rate shown on the Changes page on the South Shore Studio website. The free period of 14 days begins on the date the client's design project has been published to South Shore Studio's hosting account or the client's social media account or delivered via email. Clients that have taken possession of website files will be solely responsible for delivery of the then current website files to South Shore Studio for changes to be made.

6. Completion Date
The client understands that he/she must submit various materials (text and images) to South Shore Studio in order for the design project to commence and that South Shore Studio and the client must work together to complete the design project in a timely manner. We agree to work expeditiously to complete the design project no later than 30 days after the client has submitted all necessary materials. If the client does not supply South Shore Studio with complete text and graphic content for this design project within 60 days of the date purchase, fifty percent of the original purchase price shall be retained by South Shore Studio as liquidated damages, fifty percent shall be refunded to the client and this contract shall become null and void, at South Shore Studio's option.

7. Domain Names
South Shore Studio agrees to secure a domain name for the client as part of any web design project and agrees to retain the use of the domain name for as long as the client hosts a website with South Shore Studio. The client understands that finding an appropriate domain name may be a time-consuming project and that if the requested domain name is not currently available, the client may be required to research the domain names registries for an available name. The client agrees that neither the client nor South Shore Studio owns any given domain name. Domain names are leased by the registrars and transferable once expired.

8. Hosting Account
The client understands that any hosting of the client's web design files is done as a courtesy by South Shore Studio. In no way shall the client have access at any time to South Shore Studio's hosting control panel, FTP information, passwords or any other part of South Shore Studio's hosting account, software or tools.

9. Blog Password and Lesson
When establishing a blog for the client, South Shore Studio will create a seperate username for itself in order to facilitate any maintenance or change requests. The client has the right to remove this username from the blog account at anytime with the understanding that doing so may eliminate the ability of South Shore Studio to assist with any future blog maintenance or instruction. The client agrees that by changing the configuration files for his/her blog may deem it impossible for the software to retrieve database information thereby rendering the blog useless. The client agrees to hold South Shore Studio harmless for any damage done to the blog files by any party other than South Shore Studio or its subcontractors. As part of the blog creation service, South Shore Studio agrees to provide up to one hour of instruction using the client's blogging account already established by South Shore Studio. It is agreed by the client that this instruction is intended to be entry level and it is not in any way intended to be an advanced coding or scripting class.

10. Project Delivery
The final design project will be published to the client's social media account, South Shore Studio's hosting account or delivered electronically once complete. The client understands that South Shore Studio offer's basic hosting service for one year in connection with web design projects. At the end of one year, the client will be offered the opportunity to renew the hosting service and website for another year at the then current price or take possession of the website files. Clients that take possession of website files assume all responsibility for the publishing, use, maintenance and functionality of the web design files.

11. Electronic Commerce Laws and PayPal
The client agrees that the he/she is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend South Shore Studio and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of internet electronic commerce. The client agrees, that with the direction of South Shore Studio, to create his or her own PayPal buttons for any products to be sold on the designed website. The client understands that South Shore Studio will not, under any circumstance, enter or gain access to the client's PayPal account.

12. Web Design Project Copyright
Copyright to the finished web design or graphic produced by South Shore Studio will be owned by South Shore Studio. The client will be assigned rights to use the web design or graphic once the design has been published. Rights to photos, graphics, source code, work-up files, and software programs are not transferred to the client, and remain the property of their respective owners. South Shore Studio and its subcontractors retain the right to display graphics and web design elements as examples of their work in their respective portfolios. All web design or graphic images will contain a copyright/legal statement with a link to South Shore Studio website or watermark. Removal of link or watermark will constitute theft of property on the part of the client.

13. Payments and Refunds
Payments must be made in advance of the project's commencement. South Shore Studio reserves the right to remove any web design project from viewing on the internet if renewal fees are not paid in advance of the one year termination date. All payments must be made in U.S. Dollars. Once an order for work is paid, no refunds will be given with the exception of those stated in sections 2 and 6 above.

14. Legal Notice
South Shore Studio does not warrant that the functions contained in the web design project will be uninterrupted or error free. The entire risk as to the quality and performance of the web design project is with the client. In no event will South Shore Studio be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by acts of God, the hosting service or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any internet servers, your or site visitor's computer or Internet software, even if South Shore Studio has been advised of the possibility of such damages. Client agrees to hold South Shore Studio harmless for any loss incurred due to the client's or the client's website visitor's response to any spam email generated by information contained on the client's website. Client agrees to hold South Shore Studio harmless for any loss incurred due specific changes or upgrades made by Facebook or Twitter that would render the graphics unsuitable for use on either site. Although, South Shore Studio will work diligently to maintain backups of all sites, graphics and databases, client agrees to hold South Shore Studio and its hosting provider harmless regarding any lost or corrupted files or database information.

15. Mailing Address
Mail shall be sent to South Shore Studio, PO Box 865, Dacula, Georgia 30019 and to you at the mailing address provided in your PayPal account or the front of your check. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day (Monday-Friday) and such delivery was made prior to 4:00 p.m. Eastern Time and otherwise on the next business day.

16. Amendments
This agreement may be modified or amended if the amendment is made in writing and is signed by both parties or made by email with confirmation from both parties.

17. Severability and Waiver
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.

18. Governing Law
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of Georgia and the Federal Laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Gwinnett County Georgia and you irrevocably consent to the jurisdiction of such courts.

19. This Agreement
This agreement constitutes the sole agreement between South Shore Studio and the client regarding this design project.