I have paid for the final balance of the website development costs associated with this website.* All payments are due within 5 days of website launch. Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, NOW Marketing Group reserves the right to freeze all work until accounts are settled. Payments will be made via Online Payment or Check to:
NOW Marketing Group
PO Box 3085
Elida, Ohio 45807
NOW Marketing Group will provide a Finished Product(s) to the Client in the form of source, rendered and asset files. These files become the exclusive property of the Client upon acceptance of delivery, however these files are partially based on a non-exclusive code base created and maintained by NOW Marketing Group and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.
NOW Marketing Group will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. NOW Marketing Group requires this person be available to answer questions arising from the project within 24hrs on work days (subject to reasonable exceptions), and to have authority to make design and related decisions on the system. Upon completion and approval of work the client will be given a one-hour training session. Additional training may be arranged for a price of $100/ hour.
The Client’s Point of Contact, stakeholders, and collaborators will all have appropriate access to the project and all associated assets. This system will serve as a primary mode of communication, documentation, and reporting. Any approval marked within the system by the Point of Contact will be considered official written approval.
NOW Marketing Group will be handling your contract in-house, however, we may retain the rights to subcontract any portion of the Contract should there be a service needed/requested that would warrant consulting another team.
The benefit of a flexible team is rapid scalability and a diverse set of services. Due to the nature of the business model, NOW Marketing Group is not set-up to support on call services. Within the duration of this Contract NOW Marketing Group will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. NOW Marketing Group will respond in good faith but cannot guarantee any specific action within a given time frame.
In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. NOW Marketing Group is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.
NOW Marketing Group does not provide Hosting services beyond temporary internal development environments. The Client is responsible for choosing, paying for, and maintaining any required Hosting solutions and associated services. As a courtesy, NOW Marketing Group may offer suggestions, however, NOW Marketing Group is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider. Additionally, NOW Marketing Group is not responsible for any bug caused by changes on the Host after the Acceptance of this Contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations. Domains must be purchased via the client's existing domain services.
NOW Marketing Group maintains internal backups of active project code and design files during the initial project build. This backup system is not intended as a solution for The Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data.
Although NOW Marketing Group makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, NOW Marketing Group can in no way guarantee that the Finished Product(s) will not be subject to security breaches. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract.
The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respective copyright for any and all third party assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.
The Client agrees that any liability of NOW Marketing Group relating to this agreement and the services performed shall be limited to the amount of fees actually received by NOW Marketing Group, from the Client under this agreement regarding the services in question. In no event shall NOW Marketing Group be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.
NOW Marketing Group will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client is given in the Website Launch Agreement. If the Website Launch Agreement is not signed by the client within 30 days of being presented to the client it will be considered signed by the client. All bug fixes and site updates outside of the project scope or after the grace period are the responsibility of the client.
NOW Marketing Group retains the right to use the Client within its roster of clients. A link to the The Client website/application website will be placed on the NOW Marketing Group website as part of its business portfolio.
This Contract is valid for the calendar year in which it was signed, upon which point it expires. Upon expiration, both parties may review and amend the Contract and decide whether or not to renew. This Contract may be terminated by either party with a full 30 day written notice. All payments will be due and all work will be submitted upon the termination of Contract.
Acceptance* By checking this box The Client acknowledges that the outlined project has been completed and that any additional changes are the responsibility of The Client. Any change to this contract shall be subject to mutual written agreement of the parties.
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