Terms and Conditions for Use of Mystic Design and Print's Web Site
This Web site may not be used for your own private purposes and must be in accordance with
You may print and download material from this Web site provided that you do not modify or reproduce any content without our prior written consent; or certifiy that artwork was created by any other company or individual other than Mystic Design and Print.
Online Site Availability
All reasonable measures are taken by us to ensure that this Web site is operational all day,
every day. However, occasionally technical issues may result in some downtime and accordingly
we will not be liable if this web site is unavailable at any time. Where possible we always try to
give advance warning of maintenance issues that may result in Web site down time but we shall
not be obliged to provide such notice.
Material Provided by Visitor
When using this Web site you shall not post or send to or from this Web site any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred,
in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others,
which encourages or constitutes conduct that would be deemed a criminal offence, give rise
to a civil liability, or otherwise is contrary to the law in the United States;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Web site, or using the artwork provided by this Web site without prior written consent, in breach of our terms and conditions.
Links To and From Other Web Sites
Throughout this Web site you may find links to Partner and client online materials, provided as samples of Mystic Design and Print's work. You may also find third party web site links, not placed by our web design team. The provision of a link to such a Web site does not mean that we endorse that Web site. If you visit any Web site via a link on this Web site you do so at your own risk.
Any party wishing to link to this web site is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this web site; and
(c) the Web site from which you link to this Web site does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of
a third party.
By linking to this Web site you shall indemnify us for any loss or damage suffered to this Web site as a result of such linking.
Terms and Conditions for Web Design Provided by Mystic Design and Print
Client Information Authorization
You (hereinafter referred to as "Client") is engaging Mystic Design and Print of MysticDesignAndPrint.com. (Hereinafter referred to as "Mystic Design and Print"), as an independent contractor for the specific purpose of designing, re-designing or editing a Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider(ISP)/Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service", or provided as a zip file or on CD at the Client's option. The Client hereby authorizes Mystic Design and Print to access this account, and authorizes the Hosting Service to provide Mystic Design and Print with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service
agreement/level. Upon authorization (unless included in quote and approved) Mystic Design and Print will submit the completed Web Design Project and description to major Web Search Engines.
Mystic Design and Print performs freelance/contractor work remotely from a home office. Mystic Design and Print is fully skilled to perform the project work and has the adequate skills to perform web design work.
Mystic Design and Print represents and warrants that the web site we design for you will work in: Mozilla Firefox, Internet Explorer, Google Chrome, and Safari.
Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Mystic Design and Print for inclusion in the Web Design 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 Mystic Design and Print 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.
Web Site Maintenance
Updates are billed at the hourly Web Design rate. When providing multiple updates, a discount
is offered or a monthly arrangement can be made.
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 Mystic Design and Print 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.
Web Design Project Copyright
The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to actual computer programs, software applications used and source code are specifically not transferred to the Client, and remain the property of their respective owners. Mystic Design and Print retains the right to display a sample of clients Web design elements as examples of Mystic Design and Print's portfolio. All Web Design Projects will have a small text link, logo if approved for usage, toMystic Design and Print Web Site at the bottom of the webpage.
The Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 90 days after Client has submitted all necessary materials. If the Client does not supply Mystic Design and Print with complete text and graphics content for this Web Design Project within 45 days of the effective date this agreement, the entire deposit amount of the agreement shall be retained by Mystic Design and Print as liquidated damages and the contract shall become null and void, at Mystic Design and Print' option, unless the Web Design Project is cancelled in writing by the Client prior to 45 days of the effective date of the agreement.
The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via CD by mail or e-mail in a ZIP file upon the receipt of full payment. The Client understands that Mystic Design and Print does not provide any hosting services in connection with this Web Design Project.
Payments must be made promptly based on the terms of the Web Site Design Project Quote which is provided to client via e-mail. Mystic Design and Print reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when the quote has been accepted by client and client pays initial deposit. The Client agrees that for purposes of venue, this agreement was entered into in Sparks, Nevada, and any dispute will be litigated or arbitrated in Sparks, Nevada, and the Client hereby consents to the personal jurisdiction of the Nevada State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.
Mystic Design and Print requires a deposit up front and then the remaining balance is due after project completion or launching live to the web. Up front deposit is determined per project, client deposit amount will be shown when quoting for the project. Mystic Design and Print accepts all major credit cards, visa/mc, paypal, debit cards online or regular checks & money orders via mail. By making a deposit you are accepting Mystic Design and Print's quote and the agreement terms on this page. All amounts must be in U.S. Dollars. On some occasions a payment plan on the balance due may be accepted by Mystic Design and Print, but must be requested by client prior to project commencement and must be confirmed and arranged by Mystic Design and Print.
If you make a deposit payment and then cancel the project before Mystic Design and Print begins working on your project then Mystic Design and Print will refund your deposit via return check payment within 30 days. Deposits are non-refundable once the project has started or is in progress.
Client is encouraged to use our domain names and hosting Partner 1&1 or GoDaddy.
Search Engine Ranking
Mystic Design and Print does not guarantee where the clients' web site ranks in search engines and directories.
Assignment of Web Design Project
Mystic Design and Print reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
Accessibility and Validation
Mystic Design and Print develops Web site and web pages so the content and functions built into the web site are available to the majority of visitors. Mystic Design and Print does not guarantee the sites to be error free or to pass any 3rd party validation or disability compliance check tools. If the Client needs the Web site coding to pass W3C or Disability complains and validations the client must request to Mystic Design and Print that disability compliance or validation coding be included in the quotation as an add-on service.
While Mystic Design and Print does advise client in the web design project, it is not Mystic Design and Print's responsibility to teach client of web design and development techniques, practices or coding.
Not withstanding anything to the contrary contained in this contract, neither Mystic Design and Print nor any of its employee's or agents, warrant 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 Web Design Project is with the Client. In no event will Mystic Design and Print and/or it's employee's be liable to the Client or any third party for any damages, including, but not limited to, service interruptions due to unforseen circumstances, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if Mystic Design and Print has been advised of the possibility of such damages.
The Client shall indemnify Mystic Design and Print against and hold Mystic Design and Print harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities including attorney's fees, claimed by any person, organization, association or otherwise arising out of, or relating to, the web pages and the Web sites creation or hosting, use, possession, operation and/or condition. The provisions of this paragraph shall survive the termination of this agreement and terms of service.
This agreement constitutes the sole agreement between the Client regarding this Web Design Project. Any additional work not specified in the quote or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Mystic Design and Print (e-mail is permittable).
This Agreement constitutes the entire understanding of the parties.