#4 Web Hosting
The Client understands that any web hosting services require a separate contract with a hosting service. The Client agrees to select a web hosting service which allows ASAP Marketing full access to the website. The Client understands that certain features may need to be activated and/or purchased from the web hosting service in order for the web site to function properly. ASAP Marketing will work with the Client to ensure the correct features are installed on the hosting server. If needed, ASAP Marketing can also provide a list of web host providers who support the technology required for the Client’s website.
#5 Website Maintenance
The Client understands that once the website is completed and approved, the Client takes on the responsibility of maintaining all aspects of the site, such as text, images, video ad sound files. ASAP Marketing will make changes to the site per the Client's request which will be billed at a minimum rate of $50 per hour. The Client could choose to continue with ASAP Marketing SEO plan which includes website maintenance.
#6 Assignment of Project
ASAP Marketing reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
#7 Company Warranties
ASAP Marketing does not warrant that the functions contained in the website will be uninterrupted or error-free. ASAP Marketing SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS, LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
#8 Copyrights and Trademarks
The Client represents to ASAP marketing and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ASAP Marketing 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 ASAP Marketing and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. In case the Client doesn’t have images, ASAP Marketing will provide Images for the Client.
#9 Copyright to Web Pages
ASAP Marketing though an agreement had been provided the use of a 3rd party website template. The template may be used by ASAP Marketing to build a website for the Client. These templates are owned by the 3rd party provider and the Client agrees they may not put them on a CD, USB, or any other medium and offer them for redistribution or resale.
It is Client's responsibility to review any and all content created by ASAP Marketing. It is possible that inaccurate, misleading or inappropriate content may be created. ASAP Marketing will modify any Company-created content, for any reason, based on being notified in writing by Customer.
Upon final payment of this contract, 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, source files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. ASAP Marketing and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.