Policies

Warranties

STADIA STUDIO LLC represents and warrants to the CLIENT that it has the experience and ability to perform the services required by the Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform the Agreement; and that its performance of the Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT’s satisfaction. The CLIENT represents and warrants to STADIA STUDIO LLC that it will provide CLIENT Materials as required in a professional, competent and timely manner; that it has the power to enter into this Agreement on behalf of CLIENT; and that its performance of the Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.

Fees

STADIA STUDIO LLC will execute a website design as specified by the CLIENT requirements as terms of the Agreement. Unless specified otherwise in the Agreement, the website includes up to ten Web pages. In case the CLIENT desires additional standard Web pages beyond the original number of pages specified, the CLIENT agrees to pay STADIA STUDIO LLC an additional $150.00 for each additional Web page. Graphics or photos beyond the allowed average of two per Web page shall be billed at an additional $25.00 each. Where custom graphic work (beyond the scope of the "Custom Graphics" detailed above) is requested, it will be billed at the hourly rate of $50.00.

Maintenance

A web design Agreement does not include our maintenance contract. Web page maintenance will be the responsibility of the CLIENT. If a maintenance service agreement is entered into between STADIA STUDIO LLC and the CLIENT, it will be contained within its own document and not connected to the original Agreement. However, the Agreement does include minor modifications and corrections requested within a two-week period up to an average of one hour per page, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the CLIENT or an agent other than STADIA STUDIO LLC attempts to update the CLIENT’s pages during this time, time to repair the Web pages will be assessed at the hourly rate of $50.00, and is not included as part of the modification time.

Payment

All services agreed to shall be sold for the price specified in the Agreement. Payment shall be by PayPal, cash, check, or money order, in US dollars, and made payable to “Stadia Studio”.

Payment Terms

Unless otherwise stated in the Agreement, the following standard terms apply. A minimum deposit of fifty percent (50%) of the design cost and the total amount of hosting is required to commence work. The site will then be put online on a draft directory of the CLIENT’s ISP or of STADIA STUDIO LLC for the CLIENT’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. The annual web hosting timeframe begins when the initial deposit is made and the draft site is put on-line. Payment for the site must be made in full before the site will be moved to the main directory of the CLIENT’s ISP. Marketing of the site in the top ten search engines and directories will occur only after the final payment is made.

Completion Date

STADIA STUDIO LLC and the CLIENT must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate images and text from the CLIENT. We agree to work expeditiously to complete the website in a professional and timely fashion.

Assignment of Project

STADIA STUDIO LLC reserves the right to assign subcontractors to any project to insure the right fit for the job as well as on-time completion. STADIA STUDIO LLC will be responsible for the final results of the project.

Additional Expenses

Client agrees to reimburse STADIA STUDIO LLC for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Additional Services

Any revisions, additions or redesign CLIENT wishes STADIA STUDIO LLC to perform not specified in the original Agreement shall be considered "additional" and will require a separate Agreement and payment.

Copyrights and Trademarks

The CLIENT represents to STADIA STUDIO LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to STADIA STUDIO LLC for inclusion in Web pages 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 STADIA STUDIO LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.

Limited Liability

CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.

CLIENT hereby agrees to indemnify and hold harmless STADIA STUDIO LLC from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless STADIA STUDIO LLC in any claim resulting from the submission of illegal materials.

If STADIA STUDIO LLC shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against STADIA STUDIO LLC, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by STADIA STUDIO LLC for any reason. Under no circumstances, including negligence, shall STADIA STUDIO LLC, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use STADIA STUDIO LLC’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to STADIA STUDIO LLC’s records, programs or services. Client maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on STADIA STUDIO LLC’s services. Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses and causes of actions, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid and any reasonable attorney’s fee and court costs.

Indemnification

CLIENT agrees that it shall defend, indemnify, save and hold STADIA STUDIO LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against STADIA STUDIO LLC, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless STADIA STUDIO LLC against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with STADIA STUDIO LLC’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold in the Web Design.

Laws Affecting Electronic Commerce

The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend STADIA STUDIO LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.

Copyright to Web Pages

Copyright to the finished assembled work of Web pages produced by STADIA STUDIO LLC is owned by STADIA STUDIO LLC. Upon final payment, the CLIENT is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. 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. STADIA STUDIO LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Authorship Credit

STADIA STUDIO LLC will include a byline and link on the bottom of the CLIENT’s Web Page establishing authorship credit. This byline may be removed at any time upon written request by either party.

Non-Disclosure

STADIA STUDIO LLC, its employees and subcontractors agree that, except as directed by Client, it will not at any time disclose any Confidential Information to any person whatsoever.

Cancellation

In the event that work is postponed or cancelled at the request of the Client by registered letter, STADIA STUDIO LLC shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under these policies. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by STADIA STUDIO LLC and STADIA STUDIO LLC shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

Refund Policy

If the CLIENT applies by a registered letter for a refund within 15 days of commencement of a project, work already completed shall be billed at the hourly rate of $50.00 and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed at the hourly rate of $50.00.

Arbitration

Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of STADIA STUDIO LLC.

Payment of Fees

In order for STADIA STUDIO LLC to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $15.00 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. STADIA STUDIO LLC reserves the right to remove Web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process.

Revised 09/30/08

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