Fat Atom Marketing^® – Website Development Terms and Conditions

Client hereby retains the services of Fat Atom Marketing^® (Fat Atom) to design and develop website(s) for the Client. Any changes must be made in writing, approved in advance by both parties and include any additional charges or estimates for additional changes..

1. Fat Atom will only use materials that are in accordance with copyright laws. The Client will not provide material to Fat Atom for use in a website design that violates such laws.
2. Fat Atom shall not be held liable for the accuracy of any information supplied by the Client and contained in Client’s website.
3. Client understands and agrees that Fat Atom from time to time uses open source software, such as Joomla (www.joomla.org) and WordPress (www.wordpress.org) that no fees herein are for the Joomla Software as it is free under the GNU public license. Fat Atom also uses other open source solutions and programs at times. No fees herein are for the software modules or plug-ins that are used in our website development process.
4. Client and Fat Atom both agree that any and all custom software developed by Fat Atom for any client project will become the sole property of the client once full and final payments are made.
5. Fat Atom will be given final approval of a design by the Client before proceeding to the development stage of the website project. Changes to the design after approval has been given and development has begun are not included in the initial agreement and are therefore billed at an hourly rate of $175.00.
6. Fat Atom and the Client shall agree to a schedule of deadlines before commencing work on a project. Meeting project deadlines will be dependent on the provision of content/information for the project by the Client. Failure by the Client to provide content/information promptly will result in the project deadline being re-scheduled.
7. The cost estimates agreed upon by Fat Atom and Client are based on the requirements specified in the accepted proposal. Any change in the requirements or delays in communication will have a direct impact on the cost and schedule of the project.
8. If applicable, on the agreed completion date or milestones the Client will be invoiced for the agreed fees as detailed in the Proposal.
9. Client will have the right to approve the final website; such approval will not be unreasonably withheld or delayed.
10. In case any invoice is overdue for more than 30 days, Fat Atom reserves the right to stop work without any further communication.
11. Fat Atom sends all invoices via email only and all invoices are due on the first day of the next month.
12. Fat Atom will not give out Client’s confidential information including, but not limited to, names, addresses and trade secrets. Fat Atom agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.
13. A valid cancellation will take place if the same is communicated in writing (with authorized signature of Client) and is mutually agreed upon or full and final payment having been received by Fat Atom with respect to the project.
14. This Agreement is effective as of the Effective Date and shall continue unless terminated; Fat Atom may terminate this Agreement after five (5) days’ written notice to Client if Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Client will pay Fat Atom for all Services provided to Client by Fat Atom prior to termination.
15. Fat Atom warrants that the website will conform to specifications or acceptance criteria agreed to by the parties when delivered to Client and for a period of three (3) months thereafter (the “Warranty Period”) and that Fat Atom will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. Fat Atom warranties and representations hereunder will not extend or apply to any website modified by any party other than Fat Atom. In the event that Client discovers an error in the website during the Warranty Period, Fat Atom’s sole responsibility will be to use reasonably commercial efforts to correct such errors. “Error” means any reproducible error, problem or defect resulting from (i) an incorrect functioning of the Background Technology that materially affects the functionality of the website or (ii) any failure of the website delivered to Client to materially meet the specifications or acceptance criteria. All warranty claims not made in writing within the Warranty Period shall be deemed waived. Fat Atom warranty obligations are personal to Client and may not be extended to any third party.
16. Except as expressly provided in this Agreement, the Services and Client websites are provided “as is” and Fat Atom expressly disclaims all warranties and conditions of any kind, express, implied or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all websites provided by Fat Atom to a Client will be deemed accepted when delivered.
17. Fat Atom reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time at its sole discretion and to determine whether and when any such changes apply to both an existing or future Client. Fat Atom may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following our posting of any changes or modifications will constitute your acceptance of such changes or modifications.
18. These terms and conditions apply to web design. Other projects or services offered by Fat Atom may be bound by separate terms and conditions.

Fat Atom Marketing^®