Website Proposal Agreement Terms and Conditions. 

 

ENDING THIS AGREEMENT

This agreement can be cancelled by either party giving 30 days written notice. No refund will be applicable and no further payments will be required.

INDEMNIFICATION

Client (as an indemnifying party) shall indemnify Morningstar Digital (as an indemnified party) against all losses and expenses arising out of any proceeding

  • brought by a third party, and
  • arising out of Clients’ breach of its obligations, representations, warranties, or covenants under this agreement.
CONFIDENTIALITY

Both parties agree to respect and keep each other’s trade practices, trademarks, proprietary information, and intellectual property confidential.

DISPUTES

Any dispute or difference whatsoever arising out of or relating to this agreement shall be submitted to mediation in accordance with, and subject to, Resolution Institute Mediation Rules.

If the dispute or difference is not settled within 30 days of referral to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules. Notwithstanding the existence of a dispute or difference each party shall continue to perform the agreement.

Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute.

OWNERSHIP OF DESIGN SERVICES

Upon payment of balance, copyright is automatically assigned as follows:

  • Client own the graphics and other visual elements that are created for the project. Copies of all files will be provided to the client. Morningstar Digital are not required to keep them
  • Client owns any text content, photographs, and other data provided by client, unless owned by a third party
  • Morningstar Digital owns the XHTML markup, CSS and other code and it provides a license to the client for use on this project only.
MARKETING RIGHTS

Morningstar Digital reserves the right to display and link your completed project as part of our portfolio and to write about the project on web sites, in magazine / news articles, and in books about web design.