Updated on February 21, 2008

This Agreement made this day between existing Elite Designs Client requesting support or services to their website, hereinafter called the “Client”, Elite Designs, LLC, hereinafter called the “Developer”, whereas the Developer is prepared to undertake a project entitled client support, hereinafter called the “project”;

 

The Client and the Developer hereby agree as follows:

 

1. In consideration of the Developer carrying out the Project, the Client shall pay the Developer the sum of their hourly rate as specified on the support page of the website, hereafter called the “Contract Value”, for the costs of the work, as well as any of the Developer's expenses incurred while performing the Project all generally in accordance with the attached budget .

 

2. The Developer shall not start on Project work until the prerequisites requested on the support board or via email have been met.

 

3. The Client shall have two weeks (14 days), hereafter called the “Grace Period”, after the Completion Date to notify the Developer of errors and omissions or additional fees may apply.

3.2. The Developer, at no additional expense to the Client, shall remedy the reported errors and omissions.

3.3. Any errors or omissions reported after the Grace Period are not the responsibility of the Developer, and shall require a new agreement.

 

4. Any equipment or material purchased by or provided to the Developer as part of the Project shall remain the property of the Developer.

5. Upon completion of the Project the Developer shall submit to the Client the results of the Project as requested on the support board.

 

6. The Developer may publish or disclose the Project results arising from performance of the Project and shall acknowledge the support of the Client in all such publications.

 

7. Ownership of the intellectual property, including technical information, know-how, copyrights, models, drawings, specifications, prototypes, inventions, and custom functionality developed by Developer personnel in performance of the Project shall vest with the Developer. The Client shall have the right of first refusal on license to use such intellectual property, on terms to be negotiated.

 

8. The Client shall indemnify and save harmless the Developer and its servants and agents against all costs, suits, or claims on account of injuries (including death) to persons participating in the Project or damage to property, caused by agents or personnel of the Client during the performance of this Agreement or resulting from the use by the Client or its affiliates, its customers, or licensees of any deliverable or intellectual property developed by the Developer or the Client under this Agreement.

 

9. Either party may terminate this Agreement by giving 30 days written notice to the other of such termination and the Developer will be entitled to credit for work performed hereunder prior to termination including the Developer's termination and severance costs, and the Client will be entitled to a return of the balance of any advance payment.

 

10. The Developer shall not be liable for any delays in the performance of its obligations under this Agreement resulting from circumstances or causes beyond the Developer's control, and in no case shall the Developer be liable for loss of business or profit or other indirect or consequential damages.

11. The Client and the Developer are independent parties and nothing in this Agreement shall constitute either party as the employer, principal, or partner of joint venture with the other party. Neither the Client nor the Developer has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

12. The Client may not sell, assign, encumber, license or otherwise transfer any of its rights, duties, or obligations under this Agreement without the prior written consent of the other party which consent may not be unreasonably withheld.

 

13. Elite Designs reserves the right to temporarily disconnect clients’ services and to withhold future service for delinquent or outstanding balances for any services provided to the client by Elite Designs. Elite Designs also reserves the right to remove any discounts and add a 3% late fee onto any past due balances anytime after an invoice due date.  If clients account is in default, client is responsible for all collections costs including but not limited to court costs, reconnect fees, late fees, and attorney's costs.

 

14. Developer may market the Clients website and product offerings by using their photographs, content and logo as the Developer best finds a fit.  Developer may also use Clients website in conferences as a case study.

 

15. This Agreement shall be binding upon and ensure the benefit of the parties hereto and their respective heirs, successors, and assigns.

 

16. This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the laws of the State of Illinois applicable therein. The venue for any legal action arising under this agreement shall be in the Circuit Court of Cook County, Illinois.

 

17. GUARANTEE OF PAYMENT AND ASSIGNMENT: For value received, the
client promises to pay to Elite Designs all
charges incurred for services rendered to the Client.
It is, however, understood and agreed that the Client is responsible for all monies due and owing for services rendered by
Elite Designs. In the event this account is turned over to an attorney for collection, the client hereby agrees to pay all costs
of collection including, but not limited to, court costs, attorney's fees, late fees, collection costs, reconnect fees. The client authorizes use of this form on all
service request submissions. 

 

In witness whereof the parties agree to be bound by the terms of this Agreement.  

Acknowledgment

I,  having read this Agreement, hereby agree to act in accordance with all the terms and conditions herein and further to agree to ensure that all participants I involve in this Project are informed of their obligations and confidentiality under such terms and conditions.   I hereby authorize Elite Designs to bill my credit card upon the terms of this agreement.  You are in full agreement with this contract upon submitting the work to our support board, our telephone lines, our personal emails, or to support@elitedesignsltd.com or in writing to Elite Designs.