The Legal Stuff

These terms and conditions govern the relationship between you and The Frankenstein Design Company, doing business as The Frankenstein Design Company (hereinafter referred to as “the Company” or “The Frankenstein Design Company”). By signing, you agree to be bound by these terms and conditions, which outline, among other things, our policies and certain limitations of liability.  These terms and conditions affect your rights and designate, the governing law and forum for the resolution of any and all disputes.

The Frankenstein Design Company will carry out work only where an agreement is provided either by email, telephone, mail or fax. The Frankenstein Design Company will only enter into a contract for clients who are 18 years of age or above.

Website Design:

While the Frankenstein Design Company will make every effort to ensure that the website and any scripts or programs are free of error’s, however the company cannot accept responsibility for any losses incurred due to malfunction with the website or any part of it due to any error’s. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to the Frankenstein Design Company for use on the website or project 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, indemnify and defend the Frankenstein Design Company and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. The Frankenstein Design Company cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. The Frankenstein Design Company and its subcontractors retain the right to display graphics and websites that the Company has designed as examples of the Companies work in their respective portfolios.

Completion Date:

The Frankenstein Design Company and the Client must work together to complete the website or project in a timely manner. We agree to work expeditiously to complete the website or project no later than 30 days after Client has submitted all necessary materials, unless otherwise agreed by the Company and the Client. If the Client does not supply the Frankenstein Design Company with complete text and graphics content for the website or project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by the Frankenstein Design Company as liquidated damages and the contract shall become null and void, unless the website or project is canceled in writing by the Client prior to 45 days of the effective date of the agreement.

The Frankenstein Design Company will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Payment:

A deposit of 50% is required for any project, unless otherwise agreed between the company and the client. There are no exceptions to this policy.

Once a website or project has been designed and completed the final balance of payment is then due in accordance with our payment terms. Late payments are subject to a 1.5% interest rate. If the client decides they no longer want the website or project, they are still obliged to pay for the work that has been done and no refunds will be issued for the deposit paid. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website or project, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.

The website, graphics and any programming code remain the property of the Frankenstein Design Company until all outstanding accounts are paid in full. There are no exceptions to this policy. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by The Frankenstein Design Company remain the copyright of The Frankenstein Design Company and may only be commercially reproduced or resold with the permission of The Frankenstein Design Company.

Web Site Updates:

This agreement allows for minor web site maintenance at no charge, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbook’s, discussion webs, navigation structure changes, attempted updates by the Client or repairs. The period begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at our regular rate of $40.00 per hour. (Notice: This rate is subject to change at any time.) Continuous maintenance will be billed when $200.00 has been reached, or in 30 day increments, which ever comes first. Late payments are subject to a 1.5% interest rate.

Compatibility:

The Frankenstein Design Company will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer, Firefox, Safari & Chrome’s latest versions. However the Frankenstein Design Company can offer no guarantees of correct function with all browser software as this is based upon the complexity of the Website that the Company has created for you and the application of new web technologies.

Website Hosting:

While The Frankenstein Design Company provides Third Party hosting to host websites, no guarantees can be made as to the availability or interruption of this service. The Frankenstein Design Company cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Website Optimization:

All of the websites that the Frankenstein Design Company creates does so with the basic Search Engine Optimization elements in mind. However, due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself is designed to bring in more traffic and hits.  We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites. We use 'white hat techniques' when optimizing websites. Advanced Search Engine Optimization Packages are available at an extra cost. Due to the work involved with the Advanced SEO Package, payment for this service is required in advance and no refunds will be provided to the Clients with relation to this type of work.

Your Privacy:

The Frankenstein Design Company has adopted a privacy policy in order to advise our clients of our commitment and dedication to privacy. The Frankenstein Design Company collects information that our clients voluntarily submit and it is our intent to inform our clients of why this information is being requested and how it is going to be used. We may collect personal information from our clients including phone, email address, mailing address and any other information that is relevant to the design process. The Frankenstein Design Company protects and secures the personal information that our clients provide. We will not sell, distribute, or give any personal information to any third party without our client’s knowledge and consent. The Frankenstein Design Company shall not be liable for any personal information that our clients submit to external vendors or to any web site linked to this site.

Applicable law and choice of forum:

This Agreement shall be governed by the laws of Alberta.  Each party hereto irrevocably submits to the exclusive jurisdiction of the Queen’s Bench of Alberta at Calgary, Alberta, Canada, in respect of any action or proceeding relating in any way to this Agreement.

This Agreement:

This agreement constitutes the sole agreement between the Frankenstein Design Company and the Client regarding the design project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and the Frankenstein Design Company. All prices specified in this contract will be honored for 3 months after both parties sign this contract. Continued services after that time will require a new agreement. The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.