This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Branding & Website Design, Development and other Internet-related services provided by Be Moved (the "Services"). As used in this Agreement, "Be Moved" means Be Moved Designs, LLC and "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Be Moved Designs site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Be Moved Designs site" refers to the Site located at the URL https://www.bemoveddesigns.com.

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The following terms and conditions apply to all website development / design services provided by Be Moved to the Client.

 

Acceptance

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It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

 

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted Be Moved’s terms and conditions.

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Charges

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Charges for services to be provided by Be Moved are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Be Moved reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

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Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

 

Payment for services is due by Paypal.

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Client Review

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Be Moved will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Be Moved otherwise within ten (10) days of the date the materials are made available to the Client.

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Turnaround Time and Content Control

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Be Moved will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Be Moved receiving initial payment, unless a delay is specifically requested by the Client and agreed by be Moved.

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In return, the Client agrees to delegate a single individual as a primary contact to aid Be Moved with progressing the commission in a satisfactory and expedient manner.

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During the project, Be Moved will require the Client to provide website content; text, images, movies and sound files.

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Failure to provide required website content:

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Be Moved is a small business, to remain efficient I must ensure that the work I have programmed is carried out at the scheduled time. On occasions I may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why I ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because I have not been given the required information in the agreed time frame, and we are delayed as result, I reserve the right to impose a surcharge.

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If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement, I reserve the right to close the project and the balance remaining becomes payable immediately.

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NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.

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Payment

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Invoices will be provided by Be Moved upon completion but before publishing the live website. Invoices are always sent via email. Invoices are due upon receipt.

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Additional Expenses

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Client agrees to reimburse Be Moved for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

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Web Browsers

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Be Moved makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Be Moved cannot guarantee correct functionality with all browser software across different operating systems.

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Be Moved cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Be Moved reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

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Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Be Moved Web space, Be Moved will, at its discretion, remove all such material from its web space. Be Moved is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Clients with accounts in default agree to pay Be Moved reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Be Moved in enforcing these Terms and Conditions.

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Termination

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Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

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Indemnity

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All Be Moved services may be used for lawful purposes only. You agree to indemnify and hold Be Moved harmless from any claims resulting from your use of our service that damages you or any other party.

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Copyright

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The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Be Moved the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Be Moved permission and rights for use of the same and agrees to indemnify and hold harmless Be Moved from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Be Moved that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

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Standard Media Delivery

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Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided electronically in high quality gif, .jpeg, .png or .tiff format.

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Design Credit

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A link to Be Moved will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Be Moved’s portfolio.

 

Access Requirements

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If the Client's website is to be installed on a third-party server, Be Moved must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

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Post-Placement Alterations

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Be Moved cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

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General

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These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

 

Governing Law

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These Terms and Conditions shall be governed by the laws of the State of Pennsylvania regardless of the conflict of laws principles thereof.

 

Liability

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Be Moved hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;

• Loss or damage caused by omission;

• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

• Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Be Moved to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

Severability

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In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

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Should you have any questions about any term of these Terms and Conditions, please contact us at melissa@bemoveddesigns.com Thank you.

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Last Updated: July 10, 2020