theMediaWorx (PRODUCTION)
Privacy Policy and Term and Conditions

1. Authorization. The Client is engaging theMediaWorx Web Design agency (hereinafter referred to as "theMediaWorx"), as an independent contractor for the specific purpose of designing a web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider's (ISP) computer (hereinafter refer to as "Hosting Service") or to be hosted by theMediaworx agency for monthly maintanance fee. If Client's personal hosting service is used for hosting services the Client hereby authorizes theMediaWorx to access this account, and authorizes the Hosting Service to provide theMediaWoorx and its employee, theMediaWorx representative, 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. Development. This Web Design Project will be developed to no specific standard nor does it conform to any particular www requirement. The Client has viewed theMediaWorx Web Design Websites prior to signing this document.

• Browser Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort.
It could also involve creating multiple versions of code/pages.
theMediaWorx warantees that the web site we design for you has been tested and will work in:

▪ Microsoft® Internet Explorer
▪ Mozilla Firefox (Win)
▪ Google Chrome
▪ Safari

While theMediaWorx will make reasonable efforts to design a fully-functional web site, theMediaWorx agency's warrantee does not cover AOL, text-based browsers, e-commerce components, linked pages from 3rd parties, webcams, speed of page loading or requested special effects that we have advise you against.

3. Assignment of Web Design Project. theMediaWorx reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.

4. Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to theMediaWorx representative and/or theMediaWorx 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, indemnify and defend theMediaWorx representative and theMediaWorx and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

5. Web Site Maintenance. This agreement allows theMediaWorx access for minor web site maintenance to pages. For any minor or major changes the Client will pay maintanance fee if no long term maintnanace service is puchased from theMediaWorx agency. If the maintanance plan is purchased the minor changes will be covered (this does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs) and for any other major changes the maintenance will be provided to the client at our standard professional rate of compensation or per service fee (upon verbal agreement).

6. Completion Date. theMediaWorx 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 after Client has submitted all necessary materials. If the Client does not supply theMediaWorx with complete text and graphics content for this Web Design Project within 45 days of the effective date this agreement, the entire deposit amount of the agreement may be retained by theMediaWorx as liquidated damages and the contract shall become null and void, at theMediaWorx agency's option. After signing this agreement the deposit amount is not refundable, unless decided by theMediaWorx agency.

7. Project Delivery. The final web site design project will be published to the Client's hosting service or theMediaWorx agency's hosting service upon receipt of final payment or delivered via CD upon the receipt of full payment. The Client understands that theMediaWorx itself does not provide any hosting services, but may suggest one. Hosting services may require a theMediaWorx to electronically pay the annual payment for hosting. The Client agrees to reimberse theMediaWorx the full cost of the separate contract with the hosting service of theMediaWorx's choice. theMediaWorx will provide necessary passwords and user names required to access the website. theMediaWorx is not responsible for providing any special security measures relating to the Client's hosted space. The Client will be solely responsible for any and all hosting service charges. The Client may provide their own servers or alternate hosting service. The client is responsible for any and all charges related to such changes.

• Publishing: 1) theMediaWorx makes no claims of suitabilty or correctness to any standard of publishing or Internet Standard. theMediaWorx may charge at its current hourly rate or employ subcontractors for the effort involved to resolve whatever problems may arise related to problems arising from any damage to the website content. theMediaWorx does not warranty that the website is immune to 3rd party damages, hacking, presence of virus, spyware, etc. and is not responsible in any way for it's presence or removal.
• Publishing/Work-In-Progress: theMediaWorx may at it's sole descretion publish the in-progress Website Design Project in other than it's final form to allow the Client the benefit/partial use of the Project. This courtesy does not in any way alter the terms of payment or other terms of this agreement.
• CD: The Client assumes all responsibility for the use and functionality of the Web Design Project.

8. 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 theMediaWorx representative and theMediaWorx and its 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.

9. Web Design Project Copyright. Copyright to the finished web design site produced by theMediaWorx will be owned by theMediaWorx representative and/or theMediaWorx. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. theMediaWorx and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to theMediaWorx Web Design internet website.

10. Payments. Payments must be made promptly based on the terms of this Web Site Design Project. theMediaWorx reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective only when signed by theMediaWorx. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in California, and any dispute will be litigated or arbitrated in jurisdiction convenient to theMediaWorx, and the Client hereby consents to the personal jurisdiction of the California State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating (if paid for) occur only after the full final payment is made. All payments will be made in U.S. Dollars.

11. Legal Notice. Notwithstanding anything to the contrary contained in here, neither theMediaWorx nor any of its employees or agents, 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 theMediaWorx representative and/or theMediaWorx 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 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 this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if theMediaWorx has been advised of the possibility of such damages. theMediaWorx does not guarantee page download speed, website bandwidth levels, presence of firewalls, security of any type.

Close