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”;
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.
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
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.
Forms of Payment
- Check (Initial orders only; Credit Card or Automatic Withdrawals required for recurring payments)
- Money Order (Initial orders only; Credit Card or Automatic Withdrawals required for recurring payments)
- Credit Card (Visa, MasterCard, American Express)
- ACH Credits
- Bank Wire Transfer (Domestic Free / International $20.00)
- PayPal; a 5% fee will be assessed for all payments and quarterly (3 months) advance payment is required throughout the entire term of service.
Payments are due on or before the Due Date. By providing Elite Designs with your credit card information, you authorize Elite Designs to automatically charge your credit or debit card for all recurring and one time fees which apply to your account. Recurring fees will be charged to your credit card until you formally cancel your account in accordance with Elite Designs cancellation policy (see Cancellation Policy below). You are responsible for updating or notifying Elite Designs of any changes to your credit card such as card number, expiration date, billing address or any other change.
Customers not paying by credit card agree to make payment of their balance due within no more than five (5) days of their due date.
Accounts that are five (5) days past due will be automatically suspended and services shut off. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for the costs of collection including collection agency fees, attorney's fees, court costs and any related fees.
In the event that services are suspended there is a $500.00 fee to reactivate the services. This is non-negotiable and must be paid immediately.
Automatic Payment Requirement
As part of an ongoing effort to decrease our collection costs, we are no longer accepting checks as a form of payment. For accounts currently paying by check, payment must be received on or before your due date. If your payment is late at any given month, Elite Designs reserves the right to demand that your account be setup on automatic payment schedule via Credit Card or ACH. You will receive a notice of our intent to change your payment method. If you fail to respond to our notice within two (2) business days, and you do not voluntarily change your payment method, your accounts will be SUSPENDED and may be subject to a reactivation fee.
In order to insure uninterrupted service to your website, all Hosting plans will automatically renew at the end of the Hosting plan's Billing Cycle. Hosting plans will automatically renew until a Hosting plan is formally cancelled. You may elect to change your billing cycle at any time. That change will take effect at the start of your next Hosting plan renewal.
Changes and Updates
For security reasons, any change or update done to your account must originate from the email account we have on file. If you request changes via telephone, you will be required to provide private account information with which we will verify your identity prior to performing changes.
Elite Designs only mails paper invoices or statements to accounts paying by check. Invoices or statements may be emailed at your request.
- • Bank Wire Payments: Elite Designs does NOT charge fees for accepting payment via bank wire, however, international wire transfers will be assessed a $20.00 USD processing fee. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Elite Designs or the amount credited to your account will be less than your intended payment.
- • Returned (NSF) Checks: Elite Designs charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check could be required to submit future payments with a certified check or money order.
- • Credit Card Chargeback's: A $25.00 non-refundable chargeback fee will be assessed for each credit card chargeback request which is received by Elite Designs.
- • Reactivations: Customers who wish to reactivate a closed account will be assessed a $500.00 reactivation fee.
- • Hosting Plan Changes: Customers electing to change to a lower priced hosting plan on the same platform will be charged a $10.00 downgrade fee for Shared and $25.00 downgrade fee for Dedicated. There is no fee for upgrading to a higher priced plan.
- • Platform Change: Customers who elect to change plans to a different operating system platform will be charged a $50.00 platform change fee.
In order to cancel your service, you must send a 30 Day written/typed letter to Elite Designs at 1145 S. Route 31, Suite I-181, Crystal Lake, IL 60014, unless otherwise stated in your contract with Elite Designs. Elite Designs's Billing Department's representatives will then complete the cancellation process during normal business hours. Billing Department hours are Monday through Friday, 9:00 A.M. to 5:00 PM CST.
Cancellation requests must be received by Elite Designs a minimum of thirty (30) days prior to the end of your Billing Cycle for all services. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective at the end of your next billing cycle.
Elite Designs does not monitor, and will not automatically cancel accounts for issues related to non-usage, domain name transfers, your ISP, Internic, or any other issues not directly related to Elite Designs services. Cancellation of services does not relieve the customer from paying any outstanding balance owed. Elite Designs reserves the right to cancel any account, without notice.
Responsibility of Data upon Cancellation
Upon cancellation of your account, Elite Designs is no longer responsible for maintaining a copy of your data. Please ensure that you secured a copy of your data prior to canceling your account.
In the event of a service outage exceeding one (1) hour, credit will be issued to the customer for twenty five (25) times the actual downtime exceeding the allowance. Credit will be applied to the customer's account. Credit will be calculated based on the customer's current monthly lease rate, and will not exceed one (1) full month of credit per calendar month using the following formula: total minutes outage, divided by the total monthly lease rate (in cost per minute), times twenty five (25).
Transfer of Account Ownership
In the event that you transfer the ownership of any or all of your accounts at Elite Designs over to a different person or Company, any and all outstanding balances on the account are the responsibility of the original account owner. If there are no outstanding balances on the account, the new account owner will be responsible for all future one time and recurring charges. No prorating of charges will be allowed during the transfer process.
Credit Card Disputes or Charge-backs
Elite Designs has a zero tolerance policy for charge-backs. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Elite Designs's discretion. A fee of $25.00 per chargeback will be assessed to all accounts that receive a chargeback. By using our services, you agree to pay until your service is formally cancelled. To dispute a charge, you must contact Elite Designs's Billing Department and or your credit card provider within 90 days from the date of the charge. Any disputes after 90 days, will not be accepted.
Right to Refuse Service
Elite Designs reserves the right to refuse service to anyone for any reason. Client will have (72) hours from the date of the termination notice to retrieve and safeguard their data. All data will be deleted from Elite Designs servers (72) hours after notice is given. Upon your request, Elite Designs will make a backup of the data. The cost of this service $150 per CD of data and includes the cost of mailing. Multiple CD's may be required depending on the amount of client data.
Occasionally, Elite Designs may offer temporary promotional prices on products and/or services to attract new clients. These promotional prices are limited to new purchases only. Existing clients may not purchase these new products and/or services at the promotional prices for the sole purpose of replacing comparable products and/or services which they had previously purchased, within 90-days of the date of the promotion. Existing clients may not request a reduction in price for existing products and/or services to the promotional sale price.
Elite Designs's policies and prices are subject to change without notice.
No refunds are provided for any prepaid services or setup fees. Refunds are not provided for domain registrations.
***For your protection, your e-mail notification to us must be sent from the contact e-mail address that we have on file for your account. If you fax your notification to us, your fax must be on letterhead.
In witness whereof the parties
agree to be bound by the terms of this Agreement.
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 firstname.lastname@example.org or in writing to Elite Designs.