Includes:

The client's signed invoice, signed agreement or electronically confirmation or approval to contract work from Xperience LLC (herein after Xperience Marketing Solutions or Xperience) signifies the client has read, understood and agrees to the following terms and conditions..
Client agrees to pay in full for all work designed and/or produced by Xperience Marketing Solutions for which they have placed an order.
Xperience Marketing Solutions requires 50% of the total order to be paid in advance before work is started on any project. This deposit is non refundable once work has begun. Payment terms may change and they will be reflected on the proposal or invoice.
The remaining 50% balance must be paid in full upon completion of the work contracted. All payments must be made in U.S. Dollars unless specify otherwise on the invoice. (Only applicable for approved countries where Xperience has an office.)
Xperience Marketing Solutions will do everything possible to make sure Client is 100% satisfied with the work contracted. Xperience Marketing Solutions will make changes if applicable as stated on the terms agreement. After the final approval of the work completed, the job will be considered done and any new requests or changes will be new orders.
Xperience will not turn in all the files until the balance has been paid in full.
Client understands that Xperience will design, develop or complete the work based on the directions or outlined stated on the signed invoice or terms agreement. Xperience will perform the work the best of their ability on understanding the client’s desires.
If Xperience fails to follow the written website outline or written directions provided by Client, Xperience will redesign the work to the specification of the client.

Additional terms for changes will be stated on the signed invoice or working agreement.
Xperience may choose to make any additional changes on the website design, only with prior approval from Client and Xperience management. Any additional changes or additions to the website outside the scope of work contained herein will have to be paid by the client. Xperience shall notify the client about the costs of the additional changes or additions prior to making any of these changes or additions. Xperience will use its own professional stock photos if needed. If client desires to use other specific professional photos, client will be responsible to pay all applicable fees.

Payment.

Client shall pre-pay Xperience the fees listed and as set forth in Xperience’s invoice. Monthly dues may be pre-paid via credit card on a monthly basis. If Client decides to use credit card payment, Client authorizes Xperience to charge the client’s credit card once a month for the total amount listed on the Invoice and for the total amount of months listed on the Invoice or credit card authorization form. If client is granted payment terms, client is responsible for the full payment of all the fees due no later than the date agreed upon and listed on the invoice. Invoices not paid within terms agreed are subject to a 9.5% monthly finance charge." Any pending invoices that have not been paid within 60 days of the terms agreed on the invoice will be sent to a collection attorney. The client will be responsible for all collections and all legal fees related to the collection of the amount due on each pending invoice.


Completion Date.
Xperience Marketing Solutions and the Client must work together to complete the work requested in a timely manner. Xperience Marketing Solutions agrees to work in a professional and expeditious manner to complete the work requested once the Client has submitted all necessary materials and information. If the Client fails to supply Xperience Marketing Solutions with materials and information needed to complete the work requested within 30 days of the effective date listed on the signed invoice, proposal or agreement, the entire deposit amount of the agreement shall be retained by Xperience Marketing Solutions and the project will be considered as liquidated, unless the work requested is canceled in writing by the Client prior to 30 days of the effective date of the signed invoice, proposal or agreement. Any project cancellation is subject to a 10% cancellation fee or a minimum of $250. (If any of work has begun the deposit is not refundable.)


Project delivery.
The final web site design project will be published to the Client's hosting service upon receipt of final payment. Hosting services require a separate contract with the hosting service of the Client's choice, whether us or another provider. The Client agrees to select a hosting service which allows Xperience Marketing Solutions full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.


Work requested Copyrights.
Copyright to the finished work produced by Xperience Marketing Solutions will be owned by client once payment is made in full. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. Xperience Marketing Solutions and affiliates companies will b able to display graphics and other elements as examples of their work in their respective portfolios. All Work requested by client may contain a link to Xperience Marketing Solutions' Design Services Web Site.

Web Solutions Pack - Hosting
Our Web Solutions Pack, includes services for hosting, a single domain registration or renewal, up to 10 emails accounts and related services. Additional updates are available for additional fees as stated on invoice that Xperience will provide.
In the case the client decides to transfer a domain name they had originally transfer to Xperience, name or cancel hosting services, Xperience will provide authorization code for the domain name and transfer the website files to the client. There will be a processing fee to transfer the domain name and website files.
In the case Xperience decides to register additional domains names, Xperience will be the owner of those domain names.

After we transfer the files or we provide access to the control panel and the server where all their website files are located, the domain name, email accounts and other related web tools. Xperience will no longer manage the hosting, domain, emails and other related services offered under the “Web Solution Pack”.

Xperience will have no control over any changes made by any third party that accesses the server. Xperience will not keep any files from the client. Therefore, the Client shall indemnify, defend, and hold Xperience harmless from and against any liabilities (including all reasonable costs, expenses and attorneys’ fees actually paid) arising from or in connection with any of the following:

Future malfunction of the website designed by Xperience for the Client, due to any missing files or modifications made by the Client or any other third party that Client allows to access the server where the files are located. Any errors or technical problems with the emails, domain names, hosting and other related services offered under the “Web Solution Pack”.


Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither Xperience Marketing Solutions nor any of its employees or agents, warrants that the functions contained in the Work requested will be uninterrupted or error-free. The entire risk as to the quality and performance of the Work requested is with the Client. In no event will Xperience Marketing Solutions 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, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Work requested, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, client's visitor's computer or Internet software, even if Xperience Marketing Solutions has been advised of the possibility of such damages.


The Agreement.
The original agreement constitutes the sole agreement between Xperience Marketing Solutions and the Client regarding their Work requested. Any additional work not specified in the contract or any other amendment or modification to this contract must be authorized by a written request signed (or electronically signed) by both Client and Xperience Marketing Solutions.


Other
Any legal action due to violation of this contract and or copyright violations will result in financial cost, fines, court costs, and miscellaneous expenses, and will be the sole responsibility of the client as set by the laws of the United States. Client hereby releases Xperience Marketing Solutions from any and all legal actions or monetary settlements arising from violation of this contract. Xperience shall not be liable for delays in performance of this Agreement occasioned by any natural causes or any other causes beyond its control.

NO OTHER WARRANTIES

XPERIENCE REPRESENTS AND WARRANTS THAT IT SHALL PERFORM ALL ITS DUTIES HEREUNDER IN GOOD FAITH AND IN A PROFESSIONAL, WORKMANLIKE MANNER, COMPLIANT IN ALL RESPECTS WITH APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, NEITHER PARTY MAKES ANY WARRANTY WHATSOEVER. XPERIENCE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES THAT COULD BE IMPLIED IN CONTRACT, IN LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

Limiation of liability

In no event shall Xperience be liable for any special, indirect, incidental, punitive, or consequential damages (including lost profits), even if it has been advised of the possibility of such damages. Xperince’s liability for any material breach of this agreement shall be limited to the actual cost incurred by Client for completing and/or correcting Xperience’s work under this Contract.

 

 
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