Terms and Conditions | Privacy Policy

Terms and Conditions

Lonzo Designs will endeavor to operate in a fair and reasonable manner at all times, and it is part of our ethos to ensure we maintain a positive relationship with our clients. However, it is important to have certain contractual aspects agreed upon in order to protect both parties. By undertaking a Web Site design or Graphic design project with Lonzo Designs, you are agreeing to the following terms and conditions, hereafter referred to as "TC's".:

(1) Relationship of the Parties

The parties, being Lonzo Designs, Inc, hereafter known as "We" or "US" and the potential customer, hereafter known as "The Client", intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.

(2) Project Process

We cannot always guarantee to start work immediately on a project but will arrange a date with The Client as to when work can and will commence.

The project will be run according to Lonzo Designs Web Design Process, hereafter referred to as "LDWDP" or the Lonzo Designs Graphic Design Process, hereafter referred to as "LDGDP". Our simple guides to the LDWDP can be found in the Web Design Process and the LDGDP can be found in the Graphic Design Process portion of our website, www.lonzodesigns.com.

If We have produced a proposal document for the project, We will endeavor to work within the time frames scheduled, provided The Client supplies us with:

• Data, information, logos, designs, images and other graphic and related materials to be incorporated into the Web Solution by the scheduled data collection delivery date
• Payment of the initial 50% of the quoted project price to begin the project as specified in the quote and/or agreement (sending in the initial payment assumes acceptance of the TC's by The Client)
• All Web hosting information and/or passwords.
• All information pertaining to the project.
• Confirmation of backup of ALL The Client's old files, softcopy and/or files on the servers.

During the web site development cycle, We may, at intervals, place versions of The Client's web site on one of Our demonstration servers. This will allow The Client to view and comment on the web site's progress, and approve design concepts and prototypes. When both parties agree that the web site meets the criteria established during the LDWDP, We will invoice The Client for the remainder of the amount due for the project.

(3) Acceptance Testing

After installation, acceptance tests will be performed by The Client in a time frame outlined in the LDWDP to ensure that the web site performs in accordance with the initial proposal or any addendum to that proposal. If any deliverable does not pass the acceptance test, We will correct the failure and The Client will then repeat the acceptance test. This process shall continue until all deliverables pass the acceptance testing process.

(4) Copyright

All materials, both text and images, supplied by The Client and used in the construction of The Client's web site will remain The Client's property. All such material will be assumed to be the property of The Client and free to use by Us without fear of breach of copyright laws.

The copyright for all material provided by Lonzo Designs, such as HTML code, graphics, photographs and text, but excluding software code, will remain the property of Lonzo Designs until such time as payment has been made in full whereupon they will become the property of the client.

All software code provided as a part of the web site will remain at all times the property of Lonzo Designs. The Client will be granted a single use, single site source code license to the software code. The Client may not sell or redistribute the software code. The Client may not use the software code in more than one installation. The Client will be given access to the source code and may take the code to another developer for purposes of maintaining or extending upon the system.

The parties acknowledge that We may accept jobs from other clients to develop Web Solutions with the same or similar functionality to The Client's Web Solution, and that We may replicate and exploit all techniques, structures, designs and individual modules of program code used in the creation of The Client's Web Solution.

(5) USD

All prices are quoted exclusively in USD and are payable by United States residents. This pricing does not apply to overseas orders.

(6) Terms of Payment

An initial invoice for a proto type design fee for will be submitted to The Client upon acceptance of the proposal. This invoice must be paid in full before the project commences. This is a non-refundable fee, but it will be applied to purchase of a design by Us.

Once the LDWDP and LDGDP project prototypes are approved, 50% of the project price is due to start development. When the projected is completed and approved by The Client, the remaining 50% of the quoted price will be invoiced. This invoice must be paid in full before the project or services are released, unless otherwise pre-arranged.

If The Client is responsible for withholding information critical to the completion of the project, the proposal pricing is then deemed payable in full after 30 days from initial start date.

If We are forced to hand your account over to a debt collection agency for collection, The Client will be liable for any collection costs incurred.

(7) Blocks of Time

Blocks of time can be purchased and used over a 3 month period. It could include graphic design, online marketing, web page edits and/or maintenance. The agreement allows for "minor maintenance" of the web site. "Minor maintenance" is defined as the updating of individual lines of text or making minor changes to a sentence or paragraph. Minor maintenance will take place over a 30-day period, and will include up to four hours of billable for a standard website. "Minor maintenance" does not include significantly altering the graphic look or text of the web site such as editing or replacing large blocks of text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, repairs due to attempted updates by The Client, or web design projects delivered to The Client via CD. The period of 3 months, begins on the date that the agreement was accepted and/or services begin. All unused time will expire after the 3 month period has past and will NOT be credited to future services. Please note: Web development code and/or database structural changes will be charged at current hourly rates and will require a service agreement that will be billed separately.

(8) Validity of the Agreement

Either party may terminate the agreement via written notification seven (7) working days in advance of termination.

We reserve the right to cease all activities immediately without liability, should The Client go into liquidation, bankruptcy, disolve the business, or if The Client fails to meet any obligation in accordance with the initial agreement or any amendments to the agreement, or if The Client fails to provide accurate information for the completion of the project.

If at any point during the Web Site Development Cycle a client wishes to cancel, they may do so in accordance with the termination process as noted above, but will be invoiced an amount that We judge to be proportional to the amount of work completed on the project. If it is agreed by both parties that the amount of work completed is less than half of the project, 25% of the full project cost will be refunded, if project was paid in full. If the project is more than 50% completed no refund shall be provided.

(9) Assignment and Delegation

We may assign or transfer our rights and responsibilities under this contract to another party.

We may subcontract the performance of any of our responsibilities under this contract to another party.

The Client may not assign or transfer any of its rights or responsibilities under this contract to anyone else without prior written consent by Us.

The contract applies to the specific quote and is not transferrable in any way.

(10) Liabilities

The Client agrees that We will not be liable for any indirect or consequential damages, including but not limited to, loss of profits for any claim made to The Client by any other party, even if We may have been notified of such claims. The Client is responsible for having back up of all files and/or databases from prior projects.

We shall not be liable to The Client for any loss or damage directly or indirectly arising out of, or in connection with, any delay in the delivery of the goods or from failure to perform the obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or manufacturing facilities, server errors, server accidents, interruptions of, or delay in transportation or any other cause beyond our control.

The Client agrees to defend, indemnify and hold Us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Us to The Client under this agreement, including without limitation claims made by third parties (including The Client's customers) related to any false advertising claims, liability claims for products or services sold by The Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by The Client for publication by Us.

If, despite the other provisions of this agreement, We are found to be liable to The Client, then the liability for any single event or series of related events is limited to the Fees incurred by Us.

Due to the public nature of the Internet, all material submitted by The Client for publication will be considered publicly accessible. We do not screen in advance customer material submitted to Us for publication and/or transfer. Our publication and/or transfer of material submitted by The Client does not create any express or implied approval by Us of such material, nor does it indicate that such material complies with the terms of this agreement.

(11) Cross Browser Compatibility

We strive for excellence and assure The Client that the final phase of the Web Development project will look its best in these major releases of the following browsers: Internet Explorer 6 & 7 on PC's, Firefox 3.0.4, and Safari 2. We strive to meet the highest standards within W3C Recommendations. However, on occasion, validation of web pages is not possible due to other previously-established code initially provided by The Client and/or other tracker links.

(12) Transferring of Files

We cannot guarantee that the transferring of files from one server to the next will go smoothly. Transferring OLD files designed or created by other designers/coders could be locked, hidden or password protected. Therefore, We do NOT accept liability for other developers' code or files. Backing up original work must therefore be done by The Client PRIOR to the start of work by Us, as outlined in section 2 of the TC's. If we choose to assist The Client in the transferring of The Client's files from one server to the next, We recommend AGAINST the cancellation of The Client's former Web Hosting plans until all transfers have been successfully completed and approved by The Client. After a successful transfer of files, We will bill The Client accordingly by an hourly rate, as file transfer is not included in the Lonzo Designs Standard Agreement. If the transfer does NOT go smoothly, The Client will not be billed.

Privacy Policy

Your privacy is respected!

We do NOT use visitor information for any purpose other than to respond to inquiries or to help improve the Web Site. Email addresses submitted through our forms and any other visitor information from our server logs are never sold or used for any other purpose. Information allows us to respond to inquiries if needed, improve our Web Site, and ban spammers and hacking attempts.

At the end of any projects, all username and/or passwords will be deleted from our systems and/or databases. If you request future work, you will need to resend all ftp, usernames and/or passwords.

No information is ever shared with third parties except as required by law or to investigate abuse of website.

NOTE:

Information about spammers, potential hackers, and others conducting questionable behavior will be provided to appropriate law enforcement officers for possible prosecution. Spammers, hackers, and others conducting questionable behavior (such as those using site-ripping software and spambots) will also be banned from this Web Site and reported to appropriate authorities, solely at the discretion of the Web Site owner and server owner.

Last updated: November 25, 2008