1. Authorization.
The named client is engaging eKontruct Web Developers, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as "web design project" which may be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service" if required to perform services. If required to perform services the client hereby authorizes eKontruct Web Developers to access this account and authorizes the Hosting Service to provide eKontruct Web Developers with "full access" to the client's account and any other programs needed for this web design project that are included as part of the client's service agreement/level.

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. We agree to work expeditiously to complete the web design project no later than 45 days after the client has submitted all necessary materials. If the client does not supply eKontruct Web Developers with complete text and graphic content for this web design project within 60 days of the date the initial payment was made by the 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 understands that eKontruct Web Developers may not be providing any hosting services in connection with this web design project. Hosting services may require a separate contract. 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 client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend eKontruct Web Developers from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.

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:
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.

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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