Terms & Disclaimer
2. Limited Right to Use. This web site is owned and operated by NovusForum.net. Unless otherwise specified, all Materials on this web site are the property of NovusForum.net and are protected by the copyright laws of the United States of America and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by NovusForum.net on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from NovusForum.net. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
3. Communications. Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to NovusForum.net ("Feedback") will be deemed, at the time of communication to NovusForum.net, the property of NovusForum.net, and NovusForum.net shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.
4. Access to Password Protected or Secured Areas. Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.
6. Links to Other Sites. The linked sites are not under the control of NovusForum.net and NovusForum.net is not responsible for the content of any linked site or any link contained in a linked site. NovusForum.net reserves the right to terminate any link at any time. NovusForum.net may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. NovusForum.net DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
8. Indemnity. You agree to indemnify, defend and hold NovusForum.net harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.
9. Limitation of Liability. IN NO EVENT SHALL NovusForum.net OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF NovusForum.net OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Disclaimer. NovusForum.net assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. NovusForum.net is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.
12. Copyright. The client represents that all graphics and text including logos, trademarks and photos provided to web designer do not violate United States copyright law. All images displayed on the client’s web site will only be used after authorization by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client, they will be the sole responsibility of the client. Client agrees to hold NovusForum.net harmless from any and all liability, claims or causes of action arising out of use of the content provided to her by client. All content created by web designer and/or her subcontractors for client are the property of client. Client hereby grants to the web designer the right to use the work for demonstration of past work performed and/or advertising purposes only. The web designer represents that any graphics originally created by NovusForum.net and added to the website that were not supplied by the client are owned by NovusForum.net and do not violate United States copyright law.
13. Sole Agreement and Amendment. This contract constitutes sole agreement between the web designer and the client and hereby voids any prior verbal contracts. This agreement may be amended, in writing, by the parties at any time.
14. Guarantee. Web designer makes no representations or guarantee as to the amount of traffic to the client’s site or interest generated in the client’s site. Web designer makes no representations and does not guarantee an increase in client sales nor promise top listing in any search engine or directory. Web designer will use her best efforts to perform under the contract.
15. Electronic Commerce Law. The client agrees that the client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their web site and will hold harmless the web designer and her subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from the client’s use of electronic commerce.
16. Confidentiality. Web Designer understands that she will be working with confidential client information and will only release this information to parties directly involved in web site creation. Client authorizes designer to release information to third parties requiring access for site creation. This includes, but is not limited to, web site and email address user ids and passwords, trade information, and banking information should the client request online shopping. Upon web site completion, client will change any banking passwords web designer has had access to. If client chooses not to retain web designer for web site maintenance, client will change ftp, email, and any other passwords web designer has had access to. Client will hold web designer harmless should breach of security occur if client has not changed business passwords.
17. Continuing Web Site Maintenance. Once the site is complete, if the client needs continuing web site maintenance, (edits, changes, additions, removal or changes of products or graphics) this will all be done for a monthly fee.
18. Changes. NovusForum.net is not responsible for other contractors, developers or designers who may edit the Clients web site or change code that is authorized by the client. There will be a fee to restore the site in case of loss or corruption of original design.
19. Domain name. It is the responsibility of the client to renew their domain names when due. If a domain name expires, NovusForum.net can not be held liable for this.
20. Web Hosting Services. The management and hosting of the domain name are the full responsibility of the client.
21. Loss or Damage. NovusForum.net is not liable for loss, damage or corruption to files or information stored on servers or individual PC’s relating to a client’s web site. The client is solely responsible for any information or files relating to their web site. There will be a fee to restore the site in case of loss or corruption of original design.
22. Payment. Client shall pay NovusForum.net the agreed-upon total project cost (“Proposed Total,” above) immediately upon project completion (defined as the “Go-Live” date), unless the project duration exceeds two (2) weeks, in which case, the client shall be invoiced and pay NovusForum.net 50% of the agreed-upon total project cost (“Proposed Total,” above) at the two (2) week mark and the remaining 50% upon project completion. Project start date shall be considered the date of the acceptance of this proposal.
Should the project duration exceed four (4) weeks, the client shall be invoiced and pay NovusForum.net 50% of the remaining amount owed at the four (4) week mark and the remaining 25% of the total project cost (“Proposed Total,” above) upon project completion.
Graphic design, logo design, or any peripheral services will be invoiced separately and at the time of delivery.
Payment terms are net five (5) days from the date of each invoice.