Project Purchase Terms and Agreement:

Please Note these are liable to change without notice at any time.  Please read these carefully as it is your responsibility to read what you agree to. If you have any questions please do not hesitate to contact us.

1. Authorization: The above-named Client (hereinafter referred to as "Client") is engaging TWS Services, Inc. (hereinafter referred to as "Company").  as an independent contractor for the specific purpose of designing an Internet Website, herein after referred to as "Web Design Project", to be published on the Client's account on an Internet Service Provider (ISP) refer to as "Hosting Service". The Client hereby authorizes TWS Services, Inc..  to access this account, and authorizes the Hosting Service to provide TWS Services, Inc..  and its agents with "full access" to the Client's account, and any other programs needed for this Web Design Project .The Client also authorizes TWS Services, Inc..  to submit the completed Web Design Project to major Web Search Engines.
 
2. Assignment of Web Design Project: Company 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.
 
3. Copyrights and Trademarks and Site Content: The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TWS Services, Inc..  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 TWS Services, Inc..  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 & Support: Will be completed at an agreed rate between the client and Company. Company may revoke said services of the website for overdue Payments.

6. Completion Date: Company 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 within the time frame noted on the Work Order.

The entire initial payment amount of the agreement shall be retained by Company as liquidated damages and the contract shall become null and void, at Company’s option, upon any of these conditions:

• the Client does not supply Company with complete formatted text and graphics content for this Web Design Project within 60 days of the effective date of this agreement.
• the Client does not supply Company with the required information and permission to move a completed project onto either Client’s or a 3rd parties hosting server within 20 days of such request, when Client is not purchasing said Hosting Service from Company.
• the Client decides to cancel or discontinue the purchase.

If a design specification has been created and agreed upon prior to project purchase, the Company will make it’s best effort to meet all of the requirements of said design specification.  While every effort will be made to implement a design that client agrees to, there are in exceptional cases situations where Company will deem the achievement of an acceptable design within the project timeline not feasible.  In this case we will refund deposits, terminate the contract, and return all materials and information belonging to the client.  If a design specification has not be created prior to project purchase, then the design process will be an on-going, interactive process with client.  If at any point in time, Company deems that Client’s design requests are beyond the scope of the initial purchase understanding, and Client is not willing to adjust its design requests or the payment terms to meet Company’s recommendations, then Client may terminate the purchase Agreement in writing and no further monies will be due to company.
 
7. Project Delivery: The final web site design project will be published to the Client's hosting service (either Company’s service or 3rd party) upon which final payment will be due and charged.
 
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 TWS Services, Inc.. 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, tariffs or loss of earnings.
 
9. Web Design Project Copyright: The Client will be assigned rights to use the Web Design Project as a single web site, once final payment under this agreement and any additional charges incurred have been paid. Ownership rights to photos, graphics, all non-encrypted source code, work-up files, and computer applications specifically are not transferred to the Client, and remain the property of their respective owners. Client shall have full use rights to the website and all its contents; photos, graphics, all non-encrypted source code, work-up files, and computer applications.  Company 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 link to Company and Company shall be noted as the creator.
 
10. Payments: Payments must be made promptly based on the terms of this Web Site Design Project. Company reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 30 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. All payments will be made in Euros.
 
11. Payment Schedule: Payment schedule follows the terms as specified on the associated Work Order.
 
12. Legal Notice: Notwithstanding anything to the contrary contained in this contract, neither Company 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. All legal responsibility for the site rests with the Client. In no event will Company 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, monetary losses or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project even if Company has been advised of the possibility of such damages. On delivery of the site the client accepts responsible for all content appearing on their website for the life span of the site. This Agreement maybe transferred to another Party by Company. This Agreement may be transferred by Client to another Party if Client sells its business to said new party.

13. This Agreement: This agreement constitutes the sole agreement between Company and the Client regarding this Web Design Project. The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties.