The rights granted to Client are for the usage of the Final Design in its original form only. Client may not modify the Final Design. Client shall have: Nonexclusive rights, unlimited duration, worldwide, electronic use, this website only. All other rights to be negotiated separately.
1. Reservation of Rights: All rights not expressly granted above are retained by the Pinnacle Website Designs. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.
2. Revisions: Revisions may be made only by the Pinnacle Website Designs at the Preliminary Design phase. Additional fees will be charged for revisions made after 72 hours after release of website, and for additions to project scope.
3. Payment Schedule: Fifty Percent (50%) is due upon project commencement, the remaining fifty Percent (50%) upon project completion and release of site.
4. Payment Terms: Payment is due on day issuance of invoice. A one and one half percent (1.5%) late fee charge will be billed against late payments of more than 5 days. Grant of copyright is conditioned upon receipt of final payment, and upon Client's compliance with the terms of this agreement.
5. Cancellation Fees: In the event of Cancellation, Pinnacle Website Designs will retain the full amount of the deposit for services performed. Upon cancellation all rights to the website revert to the Pinnacle Website Designs and all original art must be returned, including sketches, comps, or other preliminary materials.
6. Credits and Promotion: A credit line suitable to the design of the pages will be used. Client agrees to pay an additional fifty percent (50%) of the total fee, excluding expenses, for failure to include credit line. Pinnacle Website Designs reserves the right to include screen shots of the completed work in his portfolio.
7. Preliminary Works: Pinnacle Website Designs retains all rights in and to all Preliminary Designs. Client shall return all Preliminary Designs to Pinnacle Website Designs within thirty (30) days of completion of the project and all rights in and to any Preliminary Designs shall remain the exclusive property of Pinnacle Website Designs.
8. Permissions and Releases: The Client agrees to indemnify and hold Pinnacle Website Designs harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Design at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
9. Miscellaneous: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by a writing signed by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Nevada and courts of such state shall have exclusive jurisdiction and venue.