Universal Terms of Service
The above-named Client (hereinafter referred to as “Client”) is engaging Herophy LLC (“Herophy”) for the purpose of providing services such as web design, graphic design, tech support, and/or any other service or consultation requested by Client. The Client hereby authorizes Herophy full access any accounts related to a requested project. The Client also authorizes Herophy full access to any third-party accounts with any relevance to a project which may be reasonably necessary to satisfactorily complete the project. Herophy will not make unauthorized withdrawals or purchases using financial accounts owned solely by Client.
Web Design Compatibility
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Herophy represents and warrants that the web site we design for you will work in the current versions of the following web browsers:
- Microsoft Internet Explorer
- Mozilla Firefox
- Apple Safari
- Google Chrome
While Herophy will make customary industry standard efforts to design a fully functional web site, Herophy’s warranty does not cover browsers not listed above, nor does the warranty guarantee compatibility with future versions of said web browsers.
Assignment of Projects
Herophy reserves the right to assign subcontractors to projects to insure that the terms of this agreement are met as well as on-time completion.
Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Herophy for inclusion in any project 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, indemnify and defend Herophy and its approved subcontractors from any liability (including reasonable attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Herophy and the Client agree to cooperate and work together to complete projects in a timely manner. However, if the Client does not supply Herophy with complete text and graphics content for the initial project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Herophy as liquidated damages and the contract shall become null and void, at Herophy’s option, unless the project is canceled in writing by the Client prior to 45 days of the effective date of the agreement, at which point hours billed and expenses incurred are not reimbursable.
Any web design project will be published to the Client’s hosting service upon receipt of final payment or delivered via alternative media upon the receipt of full payment. The Client understands that although Herophy offers hosting services, they are not automatically provided in connection with web based projects. The Client agrees to select a hosting service that allows Herophy full access to the Client’s account. The Client will be solely responsible for any and all hosting service charges.
Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to any project or any other services to be performed by Herophy as contemplated herein, and will hold harmless, protect, and defend Heropy and its approved subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Copyright of the finished project is owned by the Client. Rights to source code, work-up files, and computer programs owned by Herophy shall remain the property of Herophy and are not intended to be transferred to the Client. Herophy and its subcontractors may display graphics and other design elements as examples of their work in their respective portfolios. Projects may contain a link to Herophy’s websites.
Payments must be made promptly in accordance with the terms of this Contract. Herophy reserves the right to remove any web project from viewing on the Internet or suspend any service related to the Client’s account if at any time payment due hereunder is more than thirty (30) days past due. Any balance carried over 30 days is subject to a penalty equal to 2% of the balance plus the agreed hourly rate for administration of said past due account. Herophy will not be responsible for any loss of business, real or perceived, occurring from a web project being taken off line. If Client suspends progress of a project for any reason, Client is still responsible for payment in-full within 15 days of issue of statement. In the event the payment by Client remains delinquent for thirty (30) days past its due date and this matter is referred to a third party for collection, the Client agrees to pay reasonable collection costs and fees (including reasonable attorney’s fees and court costs) actually incurred by Herophy. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was made according the law of the Republic of Lithuania, and any dispute will be litigated or arbitrated in a court of Lithuania, and the Client hereby consents to the personal jurisdiction of the Republic of Lithuania.
If Client chooses a package price for a service, a deposit of 40% of the total package price is due at signing, and the remaining balance due upon delivery. If Client chooses a package price and fails to provide adequate materials and correspondence required to complete the project, the remaining balance will be due 3 months from the execution of this agreement, regardless of the state of the project.
Client and Herophy agree that services outside a package price and/or after launch of website shall be completed at a rate of $26 per hour with a 15-minute minimum and may require a deposit of 50% of the estimated total cost. Hourly rate subject to change effective 6 months after the signing of this agreement. Subsequent payments will be due within 15 days of issue of statement, typically at the beginning of each month.
If client imposes a tight deadline on an hourly based project, it may be subject to a rush fee rate of $35 per hour at Herophy’s discretion. Heropy will clear rush fees with client before proceeding.
Refunds will only be given at the discretion of Herophy. Any authorized refund is subject to a fee equal to 2 administrative hours at the current hourly rate plus any time spent on the project including but not limited to travel, consultation and project administration.
Notwithstanding anything to the contrary contained in this contract, neither Herophy nor any of its employees or agents, warrants that the functions contained in any project or service will be uninterrupted or error-free. The entire risk as to the quality, accuracy, and performance of any project is with the Client. In no event will Herophy 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 a project or service provided by Herophy, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if Herophy has been advised of the possibility of such damages. Furthermore, in no event will Herophy be held liable for loss of data or service interruption due to hacking or any other type of attack on your website or server. Any service restoration, data recovery and/or rebuilding of website is the sole financial responsibility of the Client.
Termination of Services
The Client retains the right to obtain a digital copy of project files which Herophy has created so long as Client’s balance is paid in full. This does not include license to any third-party software or Herophy proprietary software unless license has been paid by the Client.
The user asserts that he/she is an authorized agent of the Client and is conducting business with Herophy with the full knowledge and permission of the Client’s company owner(s). It is the Client’s sole responsibility to authorize or deny communication between Client and Herophy by a member of Client’s company. Any communication, consultation, or project request from Client, employees of Client, or representatives of the Client will be considered billable by Herophy at the current hourly rate.
This agreement, together with all attachments hereto, constitutes the sole agreement between Herophy and the Client. Any amendment or modification to this contract must be authorized by a written request signed by both Client and Herophy. Use of this site and services provided by Herophy signifies agreement to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties.