Sigma Solutions Group

Sigma Solutions Group, LLC. ("SSG")
Terms and Conditions

Contact Name:
Company/Client ("the Client"):
Address:
Phone:
Fax:
E-mail:
Present WWW URL (if any):

The express purpose is to provide the Client with a professionally designed project. It is imperative that we both understand and agree to the work being contracted. These are the terms of our agreement:

1. Authorization
The Client is engaging SSG in a specific project including, but not limited to developing and/or improving a World Wide Web site to be installed on the Client's web space on an Internet Service Provider's computer. The Client hereby authorizes SSG to access this account, and authorizes their Internet Service Provider to provide SSG with "write permission" for the Client's web page directory, cgi-bin directory and any other directories or programs that need to be accessed for this project. The Client also authorizes SSG to publicize their completed website to search engines, as well as other web directories and indexes.

2. Process
This process can be modified based on the needs of SSG and/or the Client. This process does serve as the basis for all projects undertaken by SSG.

2.1 SSG and the Client will discuss the scope and intent of the project during an initial briefing. Additional discussions will take place throughout the duration of the project.

2.2 SSG will submit a Statement of Work ("SOW") for the project; outlining the elements of the project including but not limited to the number of pages to be designed, the intent of each page, any items that the Client is authorizing SSG to obtain from a third party (e.g. domain name registration, website hosting, etc.), and/or additional deliverables related to marketing and/or business planning consultation. This document may take on many forms including but limited to text and graphical sketches. The SOW will also contain the project bid and invoice for initial deposit. Work will not commence in earnest until the SOW has been signed by the Client and the initial payment has been received.

2.3 Incremental approvals will be obtained throughout the duration of the project. The timing of the incremental approvals is described in the "Terms and Conditions" document unless otherwise agreed upon by SSG and the Client and described in the SOW.

3. Design (Web or Print)
3.1 Each separate page will be submitted to the Client for approval.

3.2 The Client is allowed 2 (two) revisions per page, prior to their approval at no additional cost. If the Client requires more than 2 (two) revisions prior to approval additional charges will apply. Should the Client request further changes to a page after approval of the design has been given, those changes will be charged for at a rate quoted by and at the discretion of SSG, according to the amount of changes requested.

3.3 When the project is completed, all outstanding monies will be paid prior to the website being uploaded to it's server and/or a copy of the design being sent to the Client on CD-ROM.

3.4 Every web page designed by SSG will carry an acknowledgement to that fact with a link to the SSG website.

3.5 Website content, with regard to information about the Client's business, will be provided by the Client. Any graphic work will either be provided by the Client in .gif or .jpg format, or designed by SSG, according to the Client's wishes.

3.6 Website pages are equivalent in size to one sheet of 8.5" x 11" paper when printed. Content exceeding this amount will be classed as an extra page and charged for accordingly.

3.7 The website may or may not be included in SSG's portfolio.

4. Website Hosting
4.1 SSG does offer hosting through a resellers agreement with a third party. SSG is only the reseller and has no ownership or influence over the actual hosting environment. Clients who wish to use our hosting service will be authorizing SSG to create an account with our third-party partner on their behalf.

4.2 Any decisions to be made with regard to selecting a hosting company are up to the Client.

4.3 SSG will not be held responsible for any problems which may or may not occur with regard to the web hosting company chosen by the Client.

5. Domain Name Registration
5.1 SSG does provide domain name registration through a reseller agreement with a third-party. By agreeing to purchase a domain name through SSG, the client is authorizing SSG to purchase and register the name, through the third-party on their behalf.

5.2 Any decisions to be made with regard to selecting a domain name registrar are up to the Client.

5.3 SSG will not be held responsible for any problems that may or may not occur with regard to the domain name registration company chosen by the Client.

5.4 The Client is responsible for the domain name and future registration renewals.

5.4 Domain names registered by SSG on behalf of its clients will be registered using SSG as the contact in all categories. This is to provide privacy for the client and to provide ease of maintenance for SSG. The client may specify to have the contact information changed at anytime. The client may also transfer their domain to another company at anytime and SSG will do what is necessary on its end to help with that process.

6. Website Maintenance
All work carried out by SSG as part of a website maintenance service agreement will be regarded as updates to information only. Any structural changes will be charged for at a rate quoted by and at the discretion of SSG, according to the amount of changes requested.

7. Additional Consulting Services
SSG provides additional services that are not limited to website design and maintenance. All maintenance carries an additional fee, not included in the initial website design unless otherwise agreed upon in writing. These services include but are not limited to: marketing strategy consultation and general business planning consultation.

7.1 Additional services are scoped, bid, and billed separately from website design services.

7.2 Additional services are still governed by all pertinent terms and conditions as outlined in the most current "Terms and Conditions" document.

8. Completion Date
SSG and the Client must work together to complete the website within the timescale as agreed between SSG and the Client in writing. Any lead times or completion dates, given by SSG are estimates only. SSG will not be responsible for any reasonable delays or late completion.

9. Payment
9.1 For each individual project: 1/2 of the total payment is due after the SOW is submitted and agreed to by the client. The second 1/2 of the total payment is due after all parts of the SOW (example: web pages, analysis, etc.) have been completed, approved, and delivered to the Client. Each payment is non-refundable. This payment structure can be adjusted if both parties agree to changes in writing.

9.2 Work will not commence until the SOW is signed by the Client and the initial payment has been received.

9.3 Payment shall be made in US dollars by way of cash, check, money order or cashier's check.

9.4 Payment terms are due upon receipt of the invoice, unless otherwise agreed upon by both parties in writing.

9.5 Late payments will be assessed a 10% finance charge every 30 (thirty) days. This charge will compound until the entire outstanding balance has been paid.

9.6 Clients with checks that are returned NSF, will be charged a $25 fee. If the Client does not make the check solvent within 2 business days of notification by SSG, the invoice will be considered "unpaid" and the standard finance charge will begin to apply and accrue based on the invoice's original due date.

9.7 If SSG determines that a project is stalled due to circumstances with the Client (including but not limited to: lack of response, slow response, lack of content, inability to deliver necessary content in a timely manner, etc.) SSG will submit a supplemental invoice for any portions of the project that have been completed above and beyond the initial 50% payment. This means that if a project stalls and the project is deemed to be 80% complete, the client will be invoiced for the additional 30% of the total project cost.

10. Indemnity
The Client agrees to indemnify and hold SSG and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against SSG arising out of any breach of these Terms and Conditions or other liabilities arising out of this project.

11. Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the state of Oregon and you hereby submit to the exclusive jurisdiction of the Oregon courts.

13. Consequential Loss
SSG does not warrant that the functions contained in these web pages will meet the Client's requirements or that the operation of the web pages will be uninterrupted or error free. The entire risk as to the quality and performance of the web pages, website and/or consulting project is with the Client. In no event will SSG 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 web pages or website, even if SSG has been advised of the possibility of such damages. Despite the best efforts of SSG errors in web page information will occur. At no time will SSG's responsibilities for accidentally including erroneous information extend beyond correcting the error. In addition, despite the best efforts of SSG, consulting projects may not deliver the desired outcome, even with perfect execution. The Client understands that SSG provides the best advice, guidance and expertise it can, but the world of business is ultimately risky and unpredictable and as such, SSG will not be held responsible in any way if a project does not produce the desired outcome or impact.

14. Copyrights and Trademarks
The Client represents to SSG an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SSG for inclusion in web pages or other design collateral are owned by the Client, and will not hold SSG responsible for any lawsuit or other action from arising from the use of such elements furnished by the Client.

15. Copyrights to Web Pages
Copyright to the assembled work produced by SSG is owned by SSG. Upon completion of this contract, SSG will retain the rights to use the design, graphics, and text of the website/project in its portfolio and in promotional material. All other rights owned by SSG as to the use of the design, graphics, and text of the website/project are assigned to the Client.

16. Sole Agreement
The agreement contained in this "Terms and Conditions" constitutes the sole agreement between SSG and the Client regarding this website/project. Any additional work not specified in this contract must be authorized by a written change order.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

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