1. Authorization.
By placing an order with eKonstruct, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:

The Client : The company or individual requesting the services of eKonstruct.

eKonstruct: Primary designer/site owner & employees or affiliates.

2.Acceptable Use.
An acceptable use policy is part of these terms and conditions of hosting any information associated with the domain name. This is necessary because the proliferation of abusive electronic mail and practices generated by a minority of the Internet users can interrupt services. The exhibit with the description of the acceptable use policy is posted on our website and the exhibit is part of these terms and conditions.

3. Copyright and Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to eKontruct Web Developers for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend eKontruct Web Developers from any claim or suit arising from the use of such elements furnished by the client.

4. Web Site Maintenance.
While eKontruct Web Developers  may (and is likely to)  at its discretion, give such services free of charge to the client for a more extended period, this agreement in fact  allows only for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 month begins on the date the clients web design site has been hosted in its updated form. Major page code and/or database structural changes will be charged separately..

5. Completion Date.
eKontruct Web Developers and the client must work together to complete the web design project in a timely manner. eKonstruct Web Design understands the importance of completing projects in a timely manner. We agree to complete the web design project within 60 days from the date of contract signing. If the client does not supply eKonstruct Web Design with complete text,graphic content and other requested materials for the contracted client within 30 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to eKonstruct Web Design for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between eKonstruct Web Design andthe client.

6. Project Delivery.
The final payment for the web project shall be due within three days of completion of the web project at eKonstruct's end, which is to say that when eKontruct Web Developers  have completed the site development but there may be some material that needs to be delivered by the client and has been delayed. Typically, such material is easy to add to the site and only its transfer to eKontruct Web Developers  would be holding up completion in the true sense. web site design project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing to the web, or electronic transfer. The client will be solely responsible for all hosting service charges unless hosting is poart of the agreement. The client assumes all responsibility for the use and functionality of the web design project.

7. Electronic Commerce Laws.
The website, graphics and any programming code remain the property of eKonstruct until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by eKonstruct remain the copyright of eKonstruct and may only be commercially reproduced or resold with the permission of eKonstruct. eKonstruct cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the brief will be carried out at the discretion of eKonstruct and where no charge is made by eKonstruct for such additions, eKonstruct accepts no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to eKonstruct all materials required to complete the site to the agreed standard and within the set deadline. eKonstruct will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. eKonstruct will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site. eKonstruct will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. eKonstruct will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

8. Web Design Project Copyright.
Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. eKontruct Web Developers retains the right to display graphics and other web design elements as examples of its work in its portfolios.

9. Legal Notice.
eKontruct Web Developers 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 eKontruct Web Developers be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God 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 eKontruct Web Developers  has been advised of the possibility of such damages.

10. This Agreement.
This agreement constitutes the sole agreement between eKontruct Web Developers  and the client regarding this web design project. Any additional work not specified in this contract must be authorized independently. This agreement supersedes any prior written or oral agreements between the parties.

11. Amendment.
This agreement may be modified or amended if the amendment is agreed to by both parties.

12. No Liability for Consequential Damages
Neither between eKontruct Web Developers   nor anyone else who has been involved in the creation, production, or delivery of the website shall be liable to the client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement of programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use the website services, even if between eKontruct Web Developers   has been advised of the possibility of such damages or claim. In any case, between eKontruct Web Developers' entire liability under any provision of this Agreement is limited to the pro rated amount actually paid by client for the website. 

13. Force Majeure - "Greater Force" 
Neither party shall be liable for any delay in performing or failure to perform its obligations hereunder to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an "event of force majeure"), provided the same arises without the fault or negligence of such party and the affected party notifies the other party within three (3) working days of becoming aware of the same of such event of force majeure and the manner and extent to which its obligations are likely to be prevented or delayed, and provided also that the occurrence of any such event of force majeure shall not have the effect of discharging or postponing the affected party's payment obligations hereunder. 

14. Disclaimer of endorsement -
Reference herein to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by between eKontruct Web Developers  , its employees, sponsors, or contractors. Links from these pages are provided as a service to users of the World Wide Web. Their existence does not necessarily constitute an endorsement by between eKontruct Web Developers  . between eKontruct Web Developers   is not responsible for the contents of any off-site pages referenced. 

The data contained on this website is for informational purposes only and is not represented to be error-free. between eKontruct Web Developers  reserves the right to discontinue or vary offers without notice on this website. Prices subject to change without notice. 

15. Pricing Errors and Payment Terms:
Due to human error, our site may list an occasional incorrect price. While we make every effort to ensure these mistakes do not happen, between eKontruct Web Developers  cannot honor incorrect prices. In the event an error is found, we will inform the customer before the order is placed. At that time the customer will have the option to place the order with the correct pricing, or to cancel their order completely.
Payment is in three equal installments; the first installment is required as deposit before a project is initiated, the second installment at around the time when significant progress has been made on the project (and the client agrees) , and the last installment is due at completion. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done.

16. Accepting Terms  
By placing an order eKontruct Web Developers' design services acknowledges that you have read this Agreement, understand it, and agree to be bound by its terms and conditions, and you further agree that this Agreement is the complete and exclusive statement of agreement between the parties and that it supercedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 
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