We: AY4WEB

Agreement
This agreement represents the complete agreement and understanding between AY4WEB, (hereinafter called "AY4WEB") and the customer (hereinafter called "CUSTOMER") and supersedes any other written or oral agreement. Placement of CUSTOMER Purchase Order (written or verbal) or submission of pre-payment /payment shall constitute acceptance of these Terms and Conditions.

Web services.
AY4WEB provides web design, marketing, advertising, and consulting services to CUSTOMERS in exchange for payment of fees and compliance with the terms and conditions of this document.
All services require a written contract signed by CUSTOMER and AY4WEB.

Web site - Content Copy - Custom Graphic  ownership
When project is completed and paid for in full, it becomes a property of the Customer. Customer can request one complete final copy of website and/ or custom graphic at no extra charge. Additional copies can be ordered at $50 each. If web site/ custom graphic design project is not paid in full, all elements of custom design such as concept pages design, custom graphics, logo, layout, cods, scripts, colors combination, title and meta tags, content created by AY4WEB remains the property of AY4WEB, and cannot be copied and used by the Customer for any application.

Charges
AY4WEB will submit the quote for each CUSTOMER per project. We require 50% pre-payment with each order over $1000 and 100% pre-payment for orders below $1000. Pre-payment is refundable, if order is cancelled within 24 hrs of receipt. Written cancellation notice must be submitted to AY4WEB via Fax or e-mail. If the customer wishes to cancel project development 24 hrs after the order was placed, the customer will be charged for the development and/or consulting time at the rate of $50 per hour. 
The site will be published on our server for customer's review and approval. The site will reside on our server for 5 days awaiting Customer's review and approval.
If customer requires, that project will be published on customer's server during development stage, we require 100% pre-payment.

Web site maintenance / site modification orders must be 100% pre-paid.

Domain name registration and web site hosting require 100% pre-payment. Domain name registration and web site hosting fees are not refundable.

Remaining 50% of the quoted price is due after completed project is approved by customer and prior to publishing it on the customer's server. After project is paid in full, it will be published on Customer's server within (2) business days. AY4WEB will send written acknowledgment of full payment by Fax or e-mail.
Third party software purchased on behalf of the customer to support website functions requires 100% pre-payment. Third party software orders are not refundable.

Web Development Process
Web page demo will be developed for the customer to choose colors, pages layout, categories, links, etc. AY4WEB will assist Customer in defining project requirements (specification), if needed. After project specification is defined and approved by customer, we will start working on the project. Change order to approved project specification will require a new price quote and timing.

Order Cancellation
Customer order (written or verbal) can be cancelled within 24 hrs of receipt. Written cancellation note must be submitted by e-mail or Fax. AY4WEB reserves the rights to charge customer for the web development and/or consulting time at the rate of $45 per hr. Refunds will be made by check and mailed to customer within 10 (ten) business days.

Approval By Customer
Completed project will be published on AY4WEB server (or Customer's server). The Customer agrees to complete project review within (5) business days. If more time is needed to review the project, please inform us in writing.  After (5) business days, the project will be removed from AY4WEB server (or Customer's server). Customer can submit (1) written request to content change/modification without cost. AY4WEB will make change/modification within (3) business days after request for change is received. Change order to approved project specification (layout, colors, images, links, graphics, logos) will require a new price quote and timing.

Completed and approved website will be published on Customer's server within (2) business days after final payment is received. All subsequent changes after publishing on Customer's server will be treated as modifications, which require a new price quote and timing.
If Customer will not reply to AY4WEB within (5) business days after final project was submitted for approval, the project is considered automatically approved.  Final invoice will be sent to the customer promptly.

Completion Time
AY4WEB will dedicate time and resources to complete your project according to the project specification and schedule. Lead time will be included in the project quote to CUSTOMER. All customer's supplied material (pictures, images, graphic and text) must be submitted to AY4WEB within (5) business days after order is placed. AY4WEB will send a written confirmation to the Customer about the project start day. Change order after project start day will require a new price quote and timing.

Method of Payment
We accept checks, money orders and PayPal. There will be a $50 charge for returned or stopped checks.

Copyright
The Customer is unconditionally guarantees that any supplied material such as text, graphics, photos, images, trademarks, or other artwork submitted to AY4WEB for use on their web site, print design and other advertising projects are owned by the Customer. The Customer agrees to hold harmless, protect, and defend AY4WEB and its subcontractors from any claim or suit arising from the use of Customer's supplied material.

Format of material supplied by Customer
The customer shall supply material in the following electronic format: 
a) pictures, images, graphics must be in .JPEG, .GIF or .PNG format; 
b) text for the web site must be in. txt or MS Word format. 
Files conversion to acceptable format will be charged at the rate of $25 per hour.
If pictures / text are not available in electronic format, they will require scanning and editing. Pictures scanning / editing, and text scanning / typing will be charged at the rate of $25 per hour.

Submission to the search engines
AY4WEB manually submits the web site to the major search engines and ODP. Search engines and ODP do not guarantee that web site will be listed or predict the time frame of the listing. 

Search engines optimization
Our unique search engines optimization method will help your site generate free traffic from the search engines. We cannot guarantee (nobody can) your web site appearance in #1 place on all search engines. You can contact search engine's sales department to ask about your advertisement options.  Be advised that your web site may disappear from the search engines listing due to the circumstances beyond our control.
Due to the differences in search technologies, your site rank variation on different search engines is normal. Ever changing Internet environment, search engines technologies modernization, growing competition may effect your website position in the future. We advise to do search engines evaluation and web site adjustments on semi-annual or annual basis. 

Design Credit
A link to AY4WEB site will appear in small type at the bottom of each page of the customer's web site.

Post-Production Alterations
AY4WEB will not accept responsibility for any alterations made by a third party or by Customer to the web site once published on the server. There is a $100 fee for re-publishing of web site to it's original condition. There is a $200 fee for a backup copy of the web site from the server. There is a $20 fee for a copy of any backup file.

Indemnity
The customer agrees to indemnify and hold harmless AY4WEB from any and all claims resulting from the customer's use of AY4WEB services which cause damage to the customer or third party.

General
These Terms and Conditions supersede any and all verbal or "handshake" agreements, representations, and understandings. The customer's Purchase Order constitutes agreement to and acceptance of these Terms and Conditions. AY4WEB reserves the right to change these terms and conditions of acceptance.


Warranty
AY4WEB MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICE IT IS PROVIDING, INCLUDING, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AY4WEB BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.