1. Limitation of Liability.

In no event shall Elle Ink, LLC be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, if Elle Ink, LLC has not previously been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

2. Copyrights and Trademarks.

The client represents to Elle Ink, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Elle Ink, LLC for inclusion in the 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, and defend Elle Ink, LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

3. Laws Affecting Electronic Commerce.

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Elle Ink, LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

4. Client and Third Party Site Modifications.

Elle Ink, LLC is not responsible for any changes made to the site by any other party, or an authorized agent. If the client or an agent other than Elle Ink, LLC attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate of $30, and is not included as part of the updating time.

5. Copyright & Ownership of Website & Domain.

Copyright, ownership, and all rights of web pages, graphics, print templates, and text contained in the finished assembled website produced by Elle Ink, LLC belongs solely and exclusively to the client upon final payment of this contract. Rights to photos, graphics, source code, work-up files, and computer programs are specifically transferred to the client, and remain the property of their respective owners. Any licensed software not developed by Elle Ink, LLC (such as CGI, Pearl, PHP scripts) may be owned by another software company that has granted Elle Ink, LLC the right to initiate it into the client’s website, and does not grant the client ownership of the script.

Elle Ink, LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios, unless otherwise specified by the client.

6. Payment of Fees.

In order for Elle Ink, LLC to keep its rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a $20 charge if payment is not received within 7 days after the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency.

Elle Ink, LLC reserves the right to remove web pages from viewing on the internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process.

7. Refund Policy.

• On custom web designs, the client may halt work and request for a refund within 30 days of the date of the contract by mailing a certified letter to Denise DiCaprio of Elle Ink. If at any time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $30 which could result in higher fees then the quote prices given.

• Due to the nature of our business, no refunds will be issued on any other services once they have been rendered. This includes: graphic design services, html coding & template installations.