Terms and Conditions
Confidentiality. During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Designer in order for Designer to complete the Website in its final form. Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. Designer also will not use any of this proprietary information for his/her personal benefit at any time, even after the Agreement is fulfilled.
Ownership Rights. Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the project. Designer has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, Client will own the final website design.
While Hart Web Services will customize Client’s Website to Client’s specifications, Client recognizes that websites generally have a common
structure and basis. Designer continues to own any and all template designs it may have created prior to this Agreement. Hart Web Services will further own any template designs it may create as a result of this Agreement.
Representations and Warranties.
Designer. Hart Web Services represents and warrants that he/she has the right to enter into and perform this Agreement. Designer further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Designer’s knowledge. In the event that Designer does not have these rights, Designer will repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.
Client. Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Hart Web Services to be included in this Website. In the event that Client does not have these rights, Client will repay any associated damages Hart Web Services may experience or will take responsibility so that Hart Web Services does not experience any damages.
Disclaimer of Warranties. Hart Web Services shall create a Website for Client’s purposes and to Client’s specifications. HART WEB SERVICES DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. HART WEB SERVICES HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED SALES OR FINANCIAL RESULT(S).
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY. HART WEB SERVICES MAINTAINS THE RIGHT TO CANCEL THE CONTRACT AT ANY TIME IF A CRITICAL EVENT ARISES THAT WILL PREVENT THE SITE FROM BEING COMPLETED. AMOUNT PAID WILL BE REFUNDED AT 100% IN THE EVENT OF THIS OCCURRING.