All services provided by Chameleon Technologies to the Customer are subject to the
following terms and conditions.
1. Acceptance. A copy of these terms and conditions must be signed by
all new customers at the time of submission of work to Chameleon Technologies, indicating
agreement to and acceptance of these terms and conditions.
2. Charges. Charges for services to be provided by Chameleon
Technologies are defined in the attached project proposal. All web site design
services require an advanced payment of a minimum of one-half (1/2) of the invoice total
before the work is supplied to the customer for review. The remainder of the invoice
total will be due upon completion of the work, as will payment of the first three (3)
months of any hosting and/or maintenance services. Chameleon Technologies reserves
the right to change the rates for ongoinf maintenance and hosting services with thirty
(30) days advance notification to the Customer. Payment for services is due by cash,
check or money order, and should be remitted to Chameleon Technologies, 12765 S. Saginaw
St #303, Grand Blanc MI, 48458.
3. Customer Review. Chameleon Technologies will provide the Customer
with an opportunity to review the appearance and content of web site materials once they
are completed. Such materials will be deemed to be accepted and approved unless the
Customer notifies Chameleon Technologies otherwise within ten (10) days of the date the
materials are made available to the Customer.
4. Turnaround Time. Chameleon Technologies will install and publicly
post the Customer's web site by the date specified in the attached project proposal, or if
no such date is specified, within three weeks of the date initial payment is recieved from
the Customer, unless a delay is specifically requested by the Customer.
5. Payment. Invoices will be provided by Chameleon Technologies upon
completion of the work for wbe site design services, and at three month intervals for
hosting and maintenance services. The Customer may elect to recieve either e-mail or
hard copy invoices. Invoices are due upon receipt. Accounts that remain upaid
thirty (30) days after the date of invoice will be assessed a service charge in the amount
of one and one-half percent (1.5%) per month of the total amount due.
6. Default. Accounts unpaid thirty (30) days after the date of invoice
will be considered in default. If the Customer in default maintains any information
on Chameleon Technologies web space, Chameleon Technologies will, at its discretion,
remove all such material from its web space. Removal of such material does not
releive the Customer of the obligation to pay any outstanding charges assessed to the
customer's account. Checks returned for insufficient funds will be assessed a return
charge of $25 and the Customer's account will be immediately considered to be in default
until full payment is recieved. Customers with accounts in default agree to pay
Chameleon Technologies resonable expenses, including attorney fees and costs for
collection by third-party agencies, incurred by Chameleon Technologies in enforcing these
Terms and Conditions.
7. Termination. Termination of services by the Customer must be
requested in a written notice and will be effective on receipt of such a notice.
E-mail or telephone requests for termination of services will not be honored until and
unless confirmed in writing. The Customer will be invoiced for design work
completed to the date of first notice of cancellation for payment in full within thirty
(30) days.
8. Legal Restrictions. Chameleon Technologies services may be used for
lawful purposes only. Submission, transmission, of maintenance of any information or
materials in violations of any provincial or federal statutes and/or regulations is
prohibited. This includes, but is not limited to, material legally judged to be
threatening or obscene. Chameleon Technologies reserves the right to refuse service to the
customer without providing reason or cause.
9. Copyright. Customer retains the copyright to data, files and
graphic logos provided by the customer, and grants Chameleon Technologies the rights to
publish and use such material. Custom artwork and graphic logos designed by Chameleon
Technologies for use in the customer's web presentation will remain the property of
Chameleon Technologies; at its discretion, Chameleon Technologies will grant the customer
rights to use such material in formats other than web presentations. The customer must
obtain permission and rights to use any information of files that are copyrighted by a
third party. The customer is further responsible for granting Chameleon Technologies
permission and rights for use of the same and agrees to indemnity and hold harmless
Chameleon Technologies from any and all claims resulting from the customer's negligence or
inability to obtain proper copyright permissions. Every contract for web site design
and/or placement shall be regarded as a guarantee by the customer to Chameleon
Technologies that all such permissions and authorities have been obtained. Evidence of
permissions and authorities may be requested.
10. Standard Media Delivery. Unless otherwise specified in the
attached project proposal, this Agreement assumes that all text will be provided by the
customer in electronic format (ASCII text files delivered on floppy disk or via e-mail or
FTP) and that all photographs and other graphics will be provided physically in high
quality print suitable for scanning or electronically in .gif, .jpeg. or .tiff format.
Additional expenses may be incurred and will be invoiced according for corrective work,
conversion of media or outside facility charges. Although every reasonable attempt shall
be made by Chameleon Technologies to return to the customer any images or printed material
provided for use in creation of the customer's web site, such return cannot be guaranteed.
11. Licensed Code. The customer's web site may include code elements
created for the customer based on "tool boxes" of techniques and pre-developed
code which are the property of Chameleon Technologies. This software technology is
licensed to the customer for a one-time fee and is limited to installation and usage by
the customer only on one site of connected documents on one server. Such code may not be
distributed, modified or re-licensed without the express written consent of Chameleon
Technologies.
12. Design Credit. A link to Chameleon Technologies will appear in
small type at the bottom of the primary "home" page of the customer's web site.
13. Access Requirements. If the customer's web site is to be installed on a third-party
server, Chameleon Technologies must be granted temporary read/write access to the
customer's storage directories, and those directors must be accessible via FTP. Depending
on the specific nature of the project, other resources might also need to be configured on
the server.
14. Right To Pull. By signing this Agreement, the customer agrees to
give Chameleon Technologies "on demand" access to the customer's installed web
site, and further agrees that Chameleon Technologies shall have the right to remove that
site from public posting for failure to adhere to the terms of this agreement, including
violation of any licensing agreements or failure to pay fees duly assessed.
15. Post-Placement Alterations. Chameleon Technologies cannot accept
responsibility for any alterations caused by a third party occurring to the customer's
pages once installed. Such alterations include, but are not limited to additions,
modifications, or deletions.
16. Indemnity. The customer agrees to indemnify and hold harmless
Chameleon Technologies from any and all claims resulting from the customer's use of
Chameleon Technologies services which cause damage to the customer or a third party.
17. Disclaimer. Chameleon Technologies makes no warranties of any
kind, whether express or implied, for the services it provides. Chameleon Technologies
also disclaims any warranty of merchantability or fitness for a particular purpose.
Chameleon Technologies will not be responsible for any direct, indirect or consequential
damages which may result from the use of its services including loss of data resulting
from delays, non-delivery or interruption in service. The customer acknowledges and agrees
that Chameleon Technologies cannot guarantee the absence of service interruptions caused
by Acts of God or other circumstances beyond its control including, but not limited to,
telecommunications problems.
18. General. These Terms and Conditions supersede all previous
representations, understandings or agreements and shall prevail notwithstanding any
variance with terms and conditions of any order submitted, save only for any exceptions
specifically outlined in the attached project proposal. The customer's signature below
constitutes agreement to and acceptance of these Terms and Conditions. Chameleon
Technologies reserves the right to change the terms and conditions of the acceptance of
future orders for authoring and placement of the customer's pages.
19. Governing Law. This agreement shall be governed by the laws of the
State of Michigan which shall claim venue and jurisdiction of any legal motion or claim
arising from this Agreement. This Agreement is void where prohibited by law.
I have read and understood the Terms and Conditions for service provided by Chameleon
Technologies, and agree to abide by them.
Authorized Signature:____________________________________
Title:_________________________________________________
Company Name:__________________________________________
Date:__________________________________________________
