Terms and Conditions

  1. Authorization
    1. CLIENT is engaging SPINCASTER as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on CLIENT’s web space on SPINCASTER’s web hosting server or on a web hosting server of a third-party hosting service. CLIENT hereby authorizes SPINCASTER to access this account, and authorizes the web hosting service to provide SPINCASTER with “write permission” for CLIENT’s webpage directory, cgi-bin directory, databases and any other directories or programs that need to be accessed for this project.
  2. Webpage and Website Development
    1. CLIENT agrees to supply all text, image, video, photo, documents or any other content in an electronic format and placed on CD, Zip disk, floppy disk or transmitted by email or FTP. Content that requires re-typing, OCR scanning, image scanning or audio/video encoding are subject to additional charges.
    2. SPINCASTER reserves the right to cancel or terminate this contract in the event CLIENT breaches the terms listed within.
    3. CLIENT is responsible for obtaining permission of copyright materials that will be included in their website.
  3. Copyrights and Ownership
    1. Any image, graphics, sound, music, video, custom coding or scripts, text and any other material supplied by CLIENT to SPINCASTER will remain the property of it’s owner, whether it’s CLIENT’s or a 3rd party.
    2. SPINCASTER assumes, that any items or materials supplied by CLIENT, for its web pages or Website, are legally and lawfully obtained by CLIENT. CLIENT shall assume all the legal rights and responsibilities of obtaining any materials that it supplies to SPINCASTER for its webpages.
    3. Copyright to the assembled work of Web pages produced by SPINCASTER is owned by SPINCASTER. Upon final payment of this contract, all rights owned by SPINCASTER as to the design and text in this Web site transfer to CLIENT.
    4. CLIENT shall be held responsible for any unlawfully obtained materials and related fees, it supplies to SPINCASTER for its webpages. This would include, but not limited to; legal fees, court fees, lawyer fees, copyright violation fees, and all fees that would apply from a copyright infringement lawsuit.
    5. CLIENT represents to SPINCASTER and unconditionally guarantees that any elements of text, graphics, photos, video, designs, trademarks, or other artwork furnished to SPINCASTER for inclusion in Web pages are owned by CLIENT, or that CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend SPINCASTER from any claim or suit arising from the use of such elements furnished by CLIENT.
  4. Authorship Credit and References
    • CLIENT agrees to display, on their website, design and development credits consisting of one line of text, with a link to www.spincaster.com
    • CLIENT authorizes SPINCASTER to publicize their completed website as part of SPINCASTER’s online portfolio at www.spincaster.com.
  5. Refund Policy
    1. If the client applies by a registered letter for a refund within 15 days of signing this contract, work already completed shall be billed at the hourly rate of $100.00 and deducted from the initial payment.
    2. If the work that has been completed is beyond the amount covered in the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $100.00
  6. Trademarks & Copyrights:
    1. CLIENT represents to SPINCASTER and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SPINCASTER for inclusion in Web pages are owned by CLIENT, or that CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend SPINCASTER from any claim or suit arising from the use of such elements furnished by CLIENT.
    2. CLIENT shall be held responsible for any unlawfully obtained materials and related fees, it supplies to SPINCASTER for its webpages. This would include, but not limited to; legal fees, court fees, lawyer fees, copyright violation fees, and all fees that would apply from a copyright infringement lawsuit.
  7. Term and Termination
    1. Either party, without cause, may terminate this Agreement by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. SPINCASTER will not accept terminations over the telephone. Notwithstanding the above, SPINCASTER may terminate service under this Agreement at any time, without penalty, if CLIENT fails to comply with the terms of this Agreement, including non-payment. SPINCASTER reserves the right to charge a reinstatement fee.
  8. Indemnification
    1. CLIENT agrees that it shall defend, indemnify, save and hold SPINCASTER harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against SPINCASTER, its agents, its customers, access providers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employees or assigns.
    2. CLIENT agrees to defend, indemnify and hold harmless SPINCASTER against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with SPINCASTER’s hosting server; any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which CLIENT sold on a website developed by or hosted by SPINCASTER.