Standard Terms and Conditions

Welcome to Untapped Designs. If you continue to browse and use this Web site you are agreeing to comply with and be bound by the following terms and conditions of use, which together with my privacy policy govern Untapped Designs relationship with you regarding this Web site.

The term “Untapped Designs” or "The Untapped Designs" or "I" or "me" refers to the owner of the Web site. The term "you" refers to the user or viewer of my Web site.

The use of this Web site is subject to the following terms of use:

• The content of the pages of this Web site is for your general information and use only. It is subject to change without notice.
• Neither I nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Web site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials in this Web site is entirely at your own risk, for which I shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Web site meet your specific requirements.
• This Web site contains material that is owned by or licensed to me. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
• All trademarks reproduced in this Web site, which are not the property of, or licensed to the operator, are acknowledged in the Web site.
• Unauthorized use of this Web site may give to a claim for damages and/or be a criminal offence.
• From time to time this Web site may also include links to other Web sites. These links are provided for your convenience to provide further information. They do not signify that I endorse the Web site(s). I have no responsibility for the content of the linked Web site(s).
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Limitation of Our Liability

1. We, our employees, agents or sub–contractors will not be liable under any circumstances to compensate you for any loss, injury or damage arising directly or indirectly from any act, omission, error, default or delay by us in the performance of the Assignment, except in the case where we are proven negligent, for which the following clause will apply.
2. We will accept liability to damage to physical property or data where we are proven to be negligent or in omission. Our liability for negligence will be limited to the value of services that we were to provide as outlined in the proposal. In the case of damage to data, our liability will be limited to the cost of replacement media only.

Intellectual Property Rights

1. Unless otherwise agreed Untapped Designs will retain all intellectual property rights, including worldwide copyright, to any web site designs or associated materials developed for and on behalf of clients.
2. Clients will be provided with source code for web sites developed, and will retain the right to use and modify the source code for their own purposes. Unless otherwise agreed in writing, clients will not have the right to on-sell any web site product developed by The Untapped Source, or use the source code provided as the basis for development of future products for anything other than the client's own use.
3. Any copyright attributed to the client on the web site developed for the client will have reference to the content and business of the site, and not to the design or code for the site delivered by Untapped Designs.
4. Where it is agreed (by separate written agreement) that clauses 1 and 2 above will not apply, Untapped Designs  retains the right to levy a fee, at our discretion, for the relinquishment of sole copyright and distribution rights of any web site design and associated materials developed.

Web Site Development

1. All web site development projects will be the subject of a written specification prepared by Untapped Designs and agreed to by the client. The cost of the specification shall be borne by the client unless otherwise agreed by Untapped Designs.
2. Testing and evaluation by the client of the delivered product must be completed within one month of installation. Any elements identified during this period that do not comply with the original specification will be rectified by Untapped Designs at no cost to the client. Any enhancement outside the original specification will be chargeable to the client at standard hourly rates.
3. Untapped Designs will not accept any liability for any elements not found to comply with the original specification after the two-month warranty period has expired, but modifications will be made at standard hourly rates.
4. Untapped Designs warrants that all web sites developed under this agreement will be Year 2000 compliant. Untapped Designs will not be liable for any third-party software used by the client in conjunction with the web site that is found to not be Year 2000 compliant. Untapped Designs will not be liable when a non-compliant third party application prevents the web site developed by Untapped Designs from being Year 2000 compliant. Where non-compliant software components (other than that developed by Untapped Designs) is supplied to Untapped Designs, the liability for non-compliance will rest with the manufacturer.

General

1. Unless otherwise specified, any estimate or quote provided by us is for the hourly-rate equivalent of our services only, and may not include the cost of disbursements (communications, mileage, accommodation etc.). Where disbursements are incurred during the course of a project Untapped Designs will on-charge these to the client at cost price.
2. We will perform the assignment as an independent consultant, and shall not be, or hold ourselves out to be, your employee, agent or partner.
3. This agreement shall be deemed to be accepted when either verbal or written agreement to proceed is received from the client or the client's representative.
4. Georgia law shall govern these terms and conditions and the proposal. Any dispute arising from this agreement shall be heard in a Georgia court, or by another Georgia arbitrator.
5. These terms and conditions, plus the proposal, form the entire agreement between you and us. The agreement can only be varied by mutual agreement by both parties.
6. We will not accept responsibility for any communication sent by you to us in relation to this agreement, where we did not receive it due to failure in the delivery mechanism.

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Agreement

My desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

1. Authorization. The client is engaging, Untapped Designs for the specific project of developing and/or improving the client’s website. The client hereby authorizes Untapped Designs to access this account and the web hosting service provided by the client.

2. Payment of Fees. Fees to be due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed according to the client's original written specifications.

3. Website Development & Hourly Service Refund Policy. Fees for all web design/development are billed half upfront and the next half upon service completion. If you are unsure of the hours or total amount stated on your invoice/contract, you may dispute the invoice prior to payment. Once the first payment is made, you have accepted the invoice/contract as correct and accepted the Standard Terms and Conditions displayed on the Untapped Designs website. There are no refunds on payments made for web development or any other hourly service. ALL SALES ARE FINAL.

4. Copyrights and Trademarks. The client represents to  and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Untapped Designs 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 Untapped Designs from any claim or suit arising from the use of such elements furnished by the client

5. Copyright to Webpages. Copyright to the finished assembled work of web pages produced by Untapped Designs is owned by Untapped Designs. 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, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Untapped Designs retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.