Sixöt Design Please read our complete terms of use for our designs. By purchasing services from our website or by contracting our services, you agree to these terms and conditions. This agreement is between ' Client' (Purchasee) and Sixöt Design, Inc.

SECTION [1] AUTHORIZATION:

The named client is engaging Sixöt Design, Inc. as an independent contractor for the specific service project of developing and/or improving a web site, hereinafter referred to as "service project" which may be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service" if required to perform services. If required to perform services the client hereby authorizes Sixöt Design, Inc. to access this account and authorizes the Hosting Service to provide Sixöt Design, Inc. with "full access" to the client's account and any other programs needed for this service project that are included as part of the client's service agreement/level. The client also authorizes Sixöt Design, Inc. to submit their completed website to Web search engines.

SECTION [2] HOSTING:

The client understands that any web hosting services require a separate contract with the web hosting service. The client agrees to select a web hosting service which allows Sixöt Design, Inc. full access to the website via FTP. The client hereby authorizes Sixöt Design, Inc. to access this account, and authorizes the Internet Service Provider to allow Sixöt Design, Inc. with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.

SECTION [3] MONITORING:

Information from this server resides on a computer system that is not owned by Sixöt Design. Anyone using this system consents to monitoring of their use, by the server owners.

SECTION [4] COPYRIGHTS AND TRADEMARKS:

The 'Client' represents to Sixöt Design, Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Sixöt Design, Inc. for inclusion in web site 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 Sixöt Design, Inc. from any claim or suit arising from the use of such elements furnished by the 'Client'.

Sixöt Design, Inc. guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both 'Client' and Sixöt Design, Inc. that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless 'Client' receives direct authorization from the 3rd party.

Copyright to the finished assembled work of individual web site produced and designed by Sixöt Design, Inc. is owned by Sixöt Design, Inc.. This ownership is to include rights to the design, any photos or graphics supplied by Sixöt Design, Inc., source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the 'Client' is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.

All graphics, photos and text provided by Sixöt Design, Inc. are property of Sixöt Design, Inc. and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between Sixöt Design, Inc. and 'Client'.

SECTION [5] COMPLETION DATE:

Sixöt Design, Inc. and the client must work together to complete the service project in a timely manner. We agree to work expeditiously to complete the service project no later than 45 days after the client has submitted all necessary materials. If the client does not supply Sixöt Design, Inc. with complete text and graphic content for this service project within 60 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the service project is published or the client cancels the service project in writing.

SECTION [6] PROJECT DELIVERY:

The web site design project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer, or physical media. The client understands that Sixöt Design, Inc. may not be providing any hosting services in connection with this service project. Hosting services may require a separate contract. The client will be solely responsible for all hosting service charges. The client assumes all responsibility for the use and functionality of the service project.

SECTION [7] INTERNET ETIQUETTE:

Sixöt Design, Inc. is a developer of ethical web sites. As such, Sixöt Design, Inc. will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will Sixöt Design, Inc. design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.

SECTION [8] ELECTRONIC COMMERCE LAWS:

The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Sixöt Design, Inc. and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.

SECTION [9] PROJECT COPYRIGHT:

Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Sixöt Design, Inc. and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

SECTION [10] PAYMENTS:

Payments must be made promptly based on the agreed schedule. Delinquent bills can be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty can be added for each month of delinquency. Sixöt Design, Inc. reserves the right to remove any service project 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. This agreement becomes effective only when signed by an authorized representative Sixöt Design, Inc.. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in Tipp City, Ohio, US and any dispute will be litigated or arbitrated in Miami County, Ohio. Please pay on time. All payments will be made in US dollars unless agreed upon in writing by both parties.

• By service projects under $500.00; payment by ordering
• By service projects over $500.00; 50% by ordering and 50% by publishing.
• By service projects over $5,000.00; agreed in writing a down payment and payments by milestones.

Payments will be accepted via cash, check, PayPal, Visa, Mastercard and Discover. Credit Card transactions will appear as SIXOT on credit card statement.

SECTION [11] LEGAL NOTICE:

Sixöt Design, Inc. does not warrant that the functions contained in the service project will be uninterrupted or error-free. The entire risk as to the quality and performance of the service project is with the client. In no event will Sixöt Design, Inc. be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this service project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if Sixöt Design, Inc. has been advised of the possibility of such damages.

SECTION [12] THIS AGREEMENT:

This agreement constitutes the sole agreement between Sixöt Design, Inc. and the client regarding this service project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.

SECTION [13] AMENDMENT:

This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.

SECTION [14] SEVERABILITY:

If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.

SECTION [15] WAIVER OF CONTRACTUAL RIGHT:

The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.

SECTION [16] GOVERNING LAW:

This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of Ohio and the Federal Laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Miami County, Ohio and you irrevocably consent to the jurisdiction of such courts.

SECTION [17] NOTICES:

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to contact us or an authorized representative, in the case of notice to you, at the e-mail address provided by you in this agreement, in your WHOIS record for the website domain name or as updated from time to time. Mail shall be sent to Sixöt Design, Inc., 135 E. Main St., Suite 201, Tipp City, Ohio 45371 and to you at the mailing address provided in this agreement or as updated in writing. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. Eastern Standard Time and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.

SECTION [18] SUPPORT:

If you have an enquiry or concern about these Terms and Conditions, please contact us, or phone (937) 506-0796 Monday through Friday between the hours of 8 a.m. and 5 p.m. Eastern Standard Time.

Effective date: February 01, 2010