Thanks for reviewing the fine print stuff that is part of our working relationship:
Fees and terms of payment: The total not-to-exceed amount of this contact is indicated in the pricing
section of this proposal. Tonbo Digital will not exceed this amount as long as the services requested do not extend beyond the scope of this proposal. If additional services are needed, Tonbo Digital and Client agree to addend this contract with change orders or renegotiate the estimate. All invoices are payable fifteen days from date of invoice.
Use of Material: Client grants Tonbo Digital a non-exclusive license to use content from the Client’s web site or other literature for the purposes of promoting the Client’s interests only. The Client retains an absolute right to prevent Tonbo Digital from using any material that remains copyright of the client should it see fit provided the client informs Tonbo Digital of its wishes at that time. Tonbo Digital has the right to publicly name Client as being a client of Tonbo Digital. Tonbo Digital has the right to provide site credits indicating that it is the web designer of the website.
Copyrighted Material: The Client unconditionally guarantees that any elements of text, graphics,
photos, designs, trademarks, or other artwork furnished to Apokrisis for inclusion in the web design
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 and defend Apokrisis and its subcontractors from any
claim or suit arising from the use of such elements furnished by the Client.
Assignment of Project: Tonbo Digital reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on time completion.
Limitation of Liability: Client agrees that our entire liability, and your exclusive remedy, with respect to
any services(s) provided under this agreement and any breach of this agreement is solely limited to the
amount you paid for such Service(s). Tonbo Digital and any contractors used shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from the use or inability to use
any of the services or for the cost of procurement of substitute services. Because some states do not
allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our
liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from,
but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of
God; (4) loss or liability resulting from errors, omissions, or misstatements in any and all information or
services(s) provided under this agreement; The client agrees that we will not be liable for any
interruption of business, or any indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in contract, tort (including negligence),
or otherwise, even if we have been advised of the possibility of such damages. In no event shall our
maximum liability exceed five hundred ($500.00) dollars.
Indemnity: Client agrees to release, indemnify, and hold us, our contractors, agents, employees, officers,
directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of
third parties relating to or arising under this agreement, the services provided hereunder or your use of
the services, including without limitation infringement by you, or someone else using your computer, of
any intellectual property or other proprietary right of any person or entity, or from the violation of any
of our operating rules or policy relating to the service(s) provided.
Termination: This contract may be terminated by either party upon fourteen days of written notice.
Adjucation: This contract is executed under the laws of the state of Alaska. If arbitration is necessary to
resolve disputes, each party of this contract will select one arbitrator and the two selected will choose a
third. A ruling by two-thirds majority of arbitrators will be binding on both parties.
