At any time an agreement is made between kimtown and a client, these are the terms of our agreement together:

1. AUTHORIZATION
The above-named client is engaging kimtown, a sole proprietor, located at 5004 Croydon Terrace, Frederick, MD 21703, as an independent contractor for the specific project of developing and/or improving a Splash Page and/or website for the world wide web to be installed on the client’s web space on a web hosting service’s computer. The client hereby authorizes kimtown to access this account, and authorizes the web hosting service to provide kimtown with “write permission” for the client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes kimtown to publicize their completed splash page and/or website to Web search engines, as well as other Web directories and indexes.

2. SPLASH PAGES
If you are purchasing a custom Splash Page: The content of the splash pages will be supplied by the client and fully customized by kimtown.

This page includes a custom designed splash page for your site, uploaded to your server via ftp, verification it is in working order and minor changes for 3 days. Should you require any changes, they must be made within those 3 days.
Any changes made after the 3 day mark will incur a $75 revision fee.

Splash Page design is for ONE design and includes up to 3 revisions of that one design. After the 3rd revision, you will incur a $75 charge for each additional revision. If a completely different design is wanted, the full design fee will be incurred and billed before any new designs are made.

Please note once the page has gone “LIVE” the project will be considered finished. Should you wish to make any changes a new design fee will be billed at the current rate.

3. BLOGS AND HEADERS
If you are purchasing a header: The content of the blog & header will be supplied by the client
and fully customized by kimtown. This includes a custom designed header for your blog and delivery
of the final image, in jpg format, via email for you to upload. Should you require any changes, they must be
made within 3 days. Any changes made after the 3 day mark will incur a revision fee. If you are purchasing a custom blog installation, the blog header is included as is a custom background of your choice and text/colors to match your branding.

4. PRE-DESIGNED WEBSITE TEMPLATES.
If you are purchasing a template: The template will be provided by kimtown and completed by the client.
This includes uploading to your server via ftp, verification it is in working order and full kimtown support. Should you require any changes to your template, they must be made within 5 days at a charge of $75 per change. This template is not exclusive to your site; it can be used again.

REMEMBER TO BACK UP YOUR SITE.We are not responsible for sites that are lost or overwritten. You will be required to purchase a new template at that time.

5. FAVICONS
If you are purchasing a favicon: Your favicon will be designed from an element or full design of your current logo.
kimtown will add the appropriate code to your page and upload your favicon to your server.
***Internet Explorer does not always show the favicon next to your web address.
This is a glitch with Microsoft and cannot be avoided. Firefox,
Safari and Opera have been found to be reliable 99% of the time. kimtown does not warrant the functionality of the icon.

6. LOGOS
If you are purchasing a LOGO: 3 initial designs are created. You can choose from these 3 or make up to 3 revisions on one. Any revisions after 3 will incur a $100 revision fee per additional revision. A merged png file with a transparent layer will be provided upon completion of the logo. A brush from your logo is offered at an additional fee of $35.
THERE ARE NO REFUNDS, UNDER ANY CIRCUMSTANCES.

7. STANDARD CUSTOM WEBSITE & BLOG+SITE PACKAGE ELEMENTS
kimtown includes the following elements in the Standard Website Packages:

•Words of text supplied by the client (200 words per page approximate maximum if not supplied via email.
Web pages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting.)

•Links to external pages, up to an average of 2 per page.

•Custom Graphics Package. Masthead graphic on first page (simple custom graphic incorporating company logo).
Top-of-page graphic for all other pages in your website.
Colorful lines and bullets, and colored and textured background.

•Gallery Photographs supplied by client (up to 20 included per gallery, up to 5 Galleries Included)
Images must be sized according to the template purchased and web ready (sharpening etc).

•Installation of web pages on the client’s web hosting service.

•Pages Included-Home Page, up to 5 text pages, up to 5 galleries with 20 images each, contact page.

•Instructions on how to update your site
This agreement includes ONE design and includes up to 3 minor revisions of that one design. After the 3rd revision, you will incur a $75 charge for each additional revision. If a completely different design is wanted, a full design fee will be incurred and billed before any new designs are made.
•Any changes, after 10 days of the site going live, will be charged $35 for each update.

Please note once the site has gone “LIVE” the project will be considered finished. Should you wish to make any changes a new design fee will be billed at the current rate.

7a. STANDARD BLOG PACKAGE ELEMENTS
kimtown includes the following elements in the Standard Blog Packages:
• Blog Database Creation
• WordPress Database Upload and Installation
• Customized Blog Header (Flash or Static)
• Customized BLog Background
• Overall Customized Look
• Minor updates and changes to existing web pages for 5 days, subject to the limits outlined below.
—-Additional changes billed at the revision rate.
• Links and page creation up to 5 of each
• Import your current posts from TypePad or Blogger (please inquire about other blog types)
• Instructions on how to update your site
This agreement includes ONE design and includes up to 3 minor revisions of that one design. After the 3rd revision, you will incur a $75 charge for each additional revision. If a completely different design is wanted, a full design fee will be incurred and billed before any new designs are made.

Please note once the site has gone “LIVE” the project will be considered finished. Should you wish to make any changes a new design fee will be billed at the current rate.

8. MAINTENANCE AND RATES
This agreement includes minor maintenance to regular splash pages over a 3 day period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text or changing photographs.

If the client or an agent other than kimtown attempts updating the client’s pages, time to repair webpages will be assessed the full design rate, and is not included as part of the updating time.

The 3 day maintenance period commences upon the date the client approves the final product. Any revisions after the 3 day maintenance period will be at a rate of $35 per image swap, text revision or link additions.

This agreement does not include any maintenance to blog headers. If the client or an agent other than kimtown attempts updating the client’s header, time to repair headers will be assessed the full design rate of $75, and is not included as part of the updating time. All prices specified in this contract will be honored for 60 days after both parties sign this contract.

8a. WAITING LIST AND LACK OF CONTACT (on commissioners part)
–All prices specified in this contract will be honored for 60 days this contract.
After 60 days any original monies paid will be applied to the current design rate and the current design rate will be charged to complete the design.
If there is no communication to kimtown to commence design, you understand that the monies you have paid will be forfeited
and a new commission and agreement will be required at the time of services.

Please do not expect after months of no contact to be able to proceed with your project. You will be placed at the end of the current waiting times list. You will be charged the current design rate and a new agreement will be required.

9. CHANGES TO SUBMITTED TEXT
Please send me your final text. Time required to make substantive changes to client-submitted text after the webpages have been
constructed will be additional, billed at the redesign rate. I can make suggestions on keyword use for your splash page.

Revisions for splash design will be allowed up to 3 times after the initial mock up is viewed. On the 4th revision a charge of $75 will incur for this and each additional revision which will be payable upon completion of the page(s).

10. WEB HOSTING
The client understands that any web hosting services require a separate contract with a web hosting service.

The client agrees to select a web hosting service which allows kimtown full root access to the website via FTP. The client MUST be running PHP5 or greater on a Linux server if purchasing a website. IF YOU NEED HOSTING VISIT KIMTOWN HOSTING FOR MORE INFORMATION.
Terms of Service for hosting is found at http://kimtownhosting.com/terms.html This is available by clicking the link from the kimtown Hosting home page at any time.

11. Completion Date
kimtown and the client must work together to complete the website in a timely manner.
We agree to work expeditiously to complete the page(s) within 30 business days.
This time is not guaranteed and can change at any time.
If the client does not supply kimtown complete text and graphics content within 5 days of request, kimtown reserves the right to work with another client until above client supplies the necessary information.

Time is of the essence for you and for me.

12. Legal
kimtown does not warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will kimtown be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages
arising out of the operation of or inability to operate these webpages or website, even if kimtown has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

13. Copyrights and Trademarks
The client represents to kimtown and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to kimtown for inclusion in webpages 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 kimtown from any claim or suit arising from the use of such elements furnished by the client. Removing the kimtown credit link at the bottom of your design is against the terms of this agreement. If you are found in violation, our design may be removed from your site and withheld until the credit link is replaced. Should you continue to violate this agreement, our legal team will be contacted and will handle all further issues.

14. Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce.
The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend kimtown (fka Simply Splash) from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

15. Copyright to Webpages
Copyright to the finished assembled work of web pages produced by kimtown is owned by kimtown for all eternity.
Upon final payment of this agreement, 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, psd files, png files and computer programs are specifically not transferred to the client, and remain the property of kimtown for all eternity.
kimtown retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

16. Payment of fees.
The design fee is due and payable at the time of contract. Any remaining fees to kimtown are due and payable when the webpages have been constructed according to the client’s original written specifications. In case the client has not secured Web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the client on cd or attached to an e-mail message. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds via Paypal to billing@kimtown.com PRIOR to completion of any projects.
kimtown reserves the right to remove webpages from viewing on the Internet until any and all payment is made.
In case collection proves necessary, the client agrees to pay all fees incurred by that process.
This agreement becomes effective only when signed by kimtown . Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Maryland, and any dispute will be litigated or arbitrated in Maryland. Please pay on time. THERE ARE NO REFUNDS GIVEN UNDER ANY CIRCUMSTANCES; this includes deposits and/or final fees.

17. Sole Agreement
The agreement contained in this “kimtown AGREEMENT” constitutes the sole agreement between kimtown and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 60 days. After 60 days the original monies will be applied to the current design rate and the current design rate will be charged to complete the design. There will be no refunds given under any circumstances for any reason.
A digital agreement is legally binding just as a physical signature is binding. Continued services after that time will require a new agreement.

18. SEO
kimtown does not guarantee search engine placement. Generic keywords with your information provided will be included, if you want them, in the metatags at no charge. You will need to send me the text and keywords that you wish to have on your page. Search Engine Optimization is not offered at this time.

19. Backups and Data Loss
Your use of this service is at your sole risk. kimtown is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on kimtown servers. Backups will not be provided for any accounts.

20. Viruses
kimtown will not be held responsible for websites that become infected with viruses cause by a weaknesses on a shared or private server. If your template becomes inoperable due to a server virus, you will be required to purchase repair services. Your server must be virus free before a repair is completed.

These terms are subject to change at any time and without notice.

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