Terms of Service

General

By submitting a payment using this payment form, the customer (hereafter referred to as “you” or "the Client") agrees to hire the Provider (Leighton Enterprises LLC, d/b/a Envision, hereafter referred to as “we”, “us”, or "the Provider") to provide web design and development services. By submitting a payment, the Client agrees to the terms and conditions as set forth in this Agreement.

The Provider agrees to perform web design and development assignments to be determined by the Client. Work priority and scheduling will be at the discretion of the Client.

Description of Services

The services included in this Agreement include custom website design and website development on the Shopify platform. In addition, this Agreement includes time spent on phone calls or in meetings with the Client.

The specific tasks to be completed and the hourly estimates for those tasks may be agreed upon in writing via email or other online services between the Client and the Provider. Any such tasks and estimates will be under the terms of this Agreement.

Any materials, intellectual property, or other assets furnished by the Client will remain the property of Client and will be returned upon request, or no more than 10 days from the termination of this Agreement.

The results of any and all work performed by the Provider for the Client, including original creative work, will remain the property of the Client upon payment for that work. The Provider reserves the right to retain ownership for any work that remains unpaid past the invoice due date.

Ownership of the Work

All work produced or developed under this agreement is “work made for hire” to the extent applicable. Leighton Enterprises LLC and its agents, contractors, and representatives (hereafter referred to as “we”, “us”, or "the Provider") assigns to the customer (hereafter referred to as “you” or "the Client") all right, title and interest in the work, including all trademark rights, and, to the extent any work does not qualify as a “work made for hire,” copyrights. This assignment is conditioned on us being paid the full amount of this agreement.

Payment

Payment for these services will be made to the Provider at the rate of $125 per hour. For projects estimated at eight hours of work or more, the balance will be split into installments with the first installment to be paid before the work has begun. Time logs for work done will be rounded up to the nearest quarter-hour (15 minutes). The Provider will send invoices to the Client approximately once per month if services have been rendered and payment will be due within 15 days of the invoice date.

Any expenses exclusive of normal overhead are not included in this Agreement and will be billed separately. Examples of such expenses include: stock photography, website templates, and third-party applications or services.

Confidential Information

Any information supplied by one party to the other marked as “Confidential” must be used only for the purposes of this agreement and must not be disclosed to other parties without the discloser’s written consent. This does not apply to information that is publicly available or that the recipient already properly knew, developed, or received independently. When the agreement terminates, {my_company} must return to {client_name} any materials containing confidential information. Confidentiality obligations survive termination of this agreement.

Independent Contractor Relationship

We are an independent contractor, not an employee or partner of you, the customer. We are solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor.

LIMITED WARRANTY

WE WARRANT THAT NO OBLIGATION TO A THIRD PARTY PROHIBITS US FROM ENTERING INTO THIS AGREEMENT, AND THAT TO OUR KNOWLEDGE, WORK PRODUCED UNDER THIS AGREEMENT WILL NOT VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

LIMITATION OF LIABILITY

UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES IS LIMITED TO THE AMOUNT OF OUR TOTAL FEES UNDER THIS AGREEMENT.

Miscellaneous

This agreement is between you and us and neither is allowed to delegate, transfer or assign it to a third party without the written consent of the other.

This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements. It can only be changed by mutual written consent.

The laws of the state of South Carolina govern this agreement and any disputes arising from it must be handled exclusively in courts in South Carolina. The prevailing party in any dispute will be entitled to recover reasonable costs and attorneys’ fees.

By submitting payment you agree to these terms of service.

This page was last updated on October 2, 2016.

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