Terms & Conditions

By utilizing the Pearse Street Consulting web sites (www.pearsestreet.com, www.mawebsitedesign.com, www.pswebdesign.com, www.nhwebsitedesigner.com), design services and/or submitting a project via e-mail, quote request form, phone, fax or in person, to Pearse Street Consulting, Inc. you (“THE CLIENT”) agree to the Terms and Conditions of Use (“TERMS AND CONDITIONS”) as outlined below. Please acquaint yourself with our TERMS AND CONDITIONS before submitting any order for web site, flash animation or multi-media design (“THE PROJECT”). If you do not accept these Terms and Conditions, you may not use Pearse Street Consulting design services, studio or web site(s).

* Authorization. The client is engaging Pearse Street, a corporation, located at 271 Western Ave, Suite 301, Lynn, MA, as an independent contractor for the specific project of developing and/or improving a website or MySpace to be installed on the client's web space on a web hosting service's computer or on client's MySpace profile account. The client hereby authorizes Pearse Street to access this account, and authorizes the web hosting service to provide Pearse Street with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Pearse Street to publicize their completed website to Web search engines, as well as other Web directories and indexes.

* Maintenance and Hourly Rate. Changes requested by the client after the design complete per original specifications will be billed at an hourly rate of $70 for general maintenance, and $80 for Flash maintenance. These rates shall also govern additional work for such services as general Internet orientation education, hosting setup and coordination, webpage design, content editing, and art, photo, graphics services. If the client or an agent other than Pearse Street attempts to update the client's webpages, time to repair webpages will be assessed at the hourly rate. Pearse Street is not obligated to provide ongoing to maintenance or services to client following the completion of agreed projects.

* Payment of Fees. Fees to Pearse Street are due and payable on the following schedule: a) for projects less than $1000, full balance upon project commencement; b) for projects of $1000 or more, 50% deposit and balance upon mockup approval; or c) for select projects, 50% deposit and agreed upon payment schedule until completion. With project completion and receipt of final payment, content will be uploaded onto the client’s host server. All payments will be made in US funds. Delinquent bills will be assessed a late charge. Pearse Street reserves the right to remove webpages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

* Conceptualizing. Conceptualizing is the process of producing website/design concepts for clients. Concepts can include site mock ups, graphics and design proposals. Unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred color scheme and design requirements beforehand. If you don’t do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.

* Completion Date. If the Client does not supply the complete text and graphics content for the Design Project within 45 days of the effective date of their Project Agreement, 50% of the entire deposit amount of the agreement shall be retained by Pearse Street as liquidated damages and the contract shall become null and void at Pearse Street's option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement.

* Assignment of Project. Pearse Street reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. Pearse Street will not be held responsible for the interruption, expiration or deletion of third-party domain and hosting services, including MySpace pages.

* Unprofessional Conduct. Pearse Street reserves the right to refuse service to the client should the client engage in unprofessional conduct with Pearse Street or its subcontractors. Unprofessional behaviors may include but are not limited to profanity, discrimination, harrassment, threats of slander, libel or blackmail, or unethical practice. If a client engages in any of these or other unprofessional practices, Pearse Street will halt work immediately and resolve unfinished work per the Refund Policy.

* Legalities. Notwithstanding anything to the contrary contained in this contract, neither Pearse Street nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will Pearse Street 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 the website, even if Pearse Street has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. That said, Pearse Street will take all reasonable action to ensure that the client’s web service needs are fairly met. Any dispute will be litigated or arbitrated in Essex County, Massachusetts.

* Electronic Commerce Laws.The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Rebecca Gallant and Gallantry Web Design and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

* Browser Compatability. Pearse Street tests web design functionality on Internet Explorer, Mozilla/FireFox, and Netscape via PC. Pearse Street cannot accept responsibility for incompatibility on dated browsers or lack of plug-ins/helper programs if more advanced (non standards-compliant) technology is used.

* Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Pearse Street for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Pearse Street and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

* Design Credit. A link to Pearse Street will appear in either small type or by a small graphic at the bottom of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.

* Copyright to Webpages. Copyright to the finished assembled work of webpages produced by Pearse Street is owned by the client. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Pearse Street and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

* Sole Agreement. This agreement constitutes the sole agreement between Pearse Street Consulting, Inc. and the client regarding this website and design work.

* INITIAL PAYMENT & REFUND POLICY. If the client halts work and requests a refund at any time, 271 Western Ave, Suite 301, Lynn, Massachusetts, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the designer's current hourly rate. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract. If the client halts works after 14 days, a $100 kill fee will be applied to the refund. Refunds requested after 3 months of contract signing cannot be completed.