'You' refers to the client, also known as the END USER, or reseller, or other
intermediary, receiving Etchedweb’s services and/or products. 'We', 'our'
and 'us' refers to The Etched Web, LLC also known as Etchedweb.com and Etchedweb.
A. Time Frame or Schedule
The length of time or schedule that the provided services will take for completion
is equal to the amount of time stated in the agreement. If there is no written
agreement or no specific time stated in the agreement, then the project will
be completed as soon as possible.
Etchedweb’s services and/or products for new web sites will be delivered
as follows. If the services are performed on an existing web site, only the
modified files will be delivered as follows.
We will upload all files created onto the hosting server designated by the client
unless specified otherwise in the contract.
The following will be provided on request within 30 days after completion:
1) Computer printed copy of all files on paper.
2) Copy of computer files provided on a floppy disk.
3) All materials you handed to us.
Ownership of all illustrations, photographs, buttons, banners, files, logos,
and other graphics created by us will become your property upon the fulfillment
of the written agreement or when your balance is paid in full if there is no
written agreement. We will hold and return all materials you provided us upon
request within 30 days of contract termination. After 30 days of the written
agreement or project completion if there is no written agreement, we may or
may not destroy any and all copies of documents, files, photographs, and/or
other information provided to us in conjunction with said services in our possession.
You agree to hold us harmless if you request for any of these files after 30
days and we have destroyed any or all of them. If we still have documents in
question, we will gladly provide available copies or originals of documents.
You agree that you are responsible and hold us harmless for any claims to all
copyrights, trademarks, patents and all other rights on materials and documents
that you provide us whether or not you are the original creator. We transfer
ownership of all graphical work we created and its copyrights to you upon the
fulfillment of the agreement or upon a balance paid in full for such services
and/or products if no written agreement exists.
E. Licensing Code
· END USER
o The end user of our work, also known as the web site owner, shall have rights
to use and modify all programming code we originally created. However, the end
user may not copy, distribute, reuse, or make available, any of our programming
code to others. End user shall hold us harmless to any third party licensing
claims and agree to use and follow third party licensing agreements as they
· RESELLER OR OTHER INTERMIDIARY
o The approved reseller shall have rights to resell and/or transfer any licensed
work created by Etchedweb, LLC to the end user. However, the reseller may not
copy, distribute, reuse, or make available, any of our programming code to anyone,
other than the intended end user, unless reseller has prior written consent
or reseller purchases a separate software license for each end user. Reseller
shall hold us harmless to any third party licensing claims and agree to use
and follow third party licensing agreements as they put forth.
o Reseller understands that it is the reseller’s responsibility to explain
the End User’s Software Licensing Restrictions to the end user and shall
obtain said agreement in writing.
F. Client Responsibility for Changes after Approval
All changes after your final approval of our work will be done at additional
G. Specific Services Not Provided
The following services are NOT included unless specifically stated within a
2) Web site hosting
4) Text editing
7) Search engine or directory submitting
H. Portfolio Credits
· END USERS DEALING DIRECTLY WITH ETCHEDWEB
o You agree that we may place a credit at the bottom of the main page with a
hyperlink to www.etchedweb.com unless stated otherwise within written agreement
or prior written statement if no written agreement exists. You also agree that
we may include your web site in our portfolio for future demonstrations.
· RESELLERS OR OTHER INTERMEDIARIES
o You agree that a credit at the bottom of the main page with a hyperlink to
www.etchedweb.com is NOT required unless stated otherwise within a written agreement
or prior written statement if no agreement exists. You also agree that we may
include any work in our portfolio for future demonstrations. Work developed
in conjunction with a reseller or intermediary will be appropriately labeled
as such in the portfolio.
I. Limited Liability
You agree that you are liable for any and all information content within your
web site and hold us harmless from any content that may be stated or implied
within your site.
J. Locality for Legal Purposes
You agree that in case of any legal action arises between either party, all
legal action will take place in Boulder of county of Boulder within Colorado
in the USA.
You are responsible for paying all fees in a timely fashion. All invoices will
be paid with the credit card on file unless other special arrangements are made.
You agree that you are responsible for all third party fees incurred such as
but not limited to domain registration, encryption certificates, hosting, and
advertising unless specifically stated otherwise within a written agreement
or written statement if no agreement exists.
L. Availability for Approvals and Signoffs
You agree that you will have 20 business days to test and approve our final
work. If you fail to contact us and report any discrepancies with our work,
you agree that we have your approval and our work has been completed.
M. Our Copyrights and Trademarks
All of our logos are copyrighted or trademarked and you agree not to modify,
edit, distribute, or tamper with them in any way. You have the right to continue
using them as we have designed them and placed them on your web site if applicable.
N. Technical Support
You agree that you will have six (6) months of technical support from the date
of development completion at no additional cost. Technical support includes
help with technical questions related to web site functionality of all work
that we have performed. Support not directly related to our work such as, but
not limited to, third party software is not covered and should be directed to
the appropriate party for support.