Authorization/Contract agreement

Client is engaging Blue Valley Media as an independent contractor for the specific project of developing an Internet site, graphics, advertising assistance, consultation or modification of an existing web site. The web site will either be hosted by a web host chosen by client or Blue Valley Media will choose the web host deemed appropriate for client site.

The client is responsible for providing accurate and reliable contact information. The client agrees that any email addresses given for business purposes will be active and understands that the client is responsible for replying to all correspondence sent to that address by Blue Valley Media. Failure to respond in a timely manner may result in a suspension of clients account if Blue Valley Media is unable to contact client for a 14 day period using the contact information that the client provided.

Changes and Additions

Any changes requested by client after agreed completion and upload may be subject to additional charges. Additional work requested will be considered as a separate work order. Blue Valley Media is under no obligation to make any additions that do not arrive in writing or arrive without acknowledgement of charges to be billed.

Client must submit a new request when addition additional pages/features to clients web site. Any further revisions of clients web site may result in additional charges if it requests anything other than a simple change of contact information or a correction of an error.

Completion Date

Blue Valley Media and the client must work together to complete the web site in a timely manner. Blue Valley Media agrees to complete the web site(s) no later than four (4) weeks from the time that ALL information and materials are received by Blue Valley Media.

If the client does not supply Blue Valley Media with ALL information and materials by a date, eight (8) weeks from the date that agreement to provide services is reached, the account may be suspended or cancelled at the discretion of Blue Valley Media. If for any reason, a lengthy delay is anticipated after all materials have been delivered to Blue Valley Media, we will provide a refund for any uncompleted work that is cancelled by the client or advise the client of a new schedule for the contracted work.

Payment of Fees

All design work completed or in progress remains the legal property of Blue Valley Media until full payment is received. Once full payment is made, the client shall retain legal ownership of all contracted work.

Fees to Blue Valley Media are due before the commencement of any contracted work. If payment is not arranged within 7 days of agreement, the account can be canceled by Blue Valley Media.

The entire amount of the contract becomes due and payable at the time that the work is contracted - NOT upon completion.

For our clients convenience, we accept PayPal, money order or personal checks for payment. All payments must be made in U.S. Funds. Public access to the web site will be granted after final payment is made.

Fees for updates are due within 10 days of receipt of invoice. Payments must be paid promptly. Delinquent bills will be assessed a $25 dollar charge if payment is not received within 10 days of the due date. If the amount remains delinquent 30 days after its due date, the account will be suspended until the account is paid in full - including the $25 US charge for delinquency.

If the amount remains delinquent for more than 6 months, the account will be turned over to a collection agency.

Impossibility of Performance.

Client acknowledges and agrees that Blue Valley Media cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond their control including, but not limited to, local telecommunications problems, line failures, or temporary down time for maintenance or upgrades. The client also accepts that because web pages rely on delivery through a world-wide web of co-operating systems -  from time to time, any web site may temporarily experience interruptions beyond the control of Blue Valley Media.

Copyrights and Trademarks.

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Blue Valley Media for inclusion in the web site are owned, or that the proper permissions were received by the client from the rightful owner to use these elements in the web site. The client further guarantees that Blue Valley Media will be held harmless, be protected from, and be defended from any claim or suit arising from the use of such elements furnished by the client.

Copyright to Web Pages and Artwork.

Upon full final payment of this contract, Blue Valley Media agrees that its work product produced in the performance of this contract shall remain the exclusive property of client, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without client's prior written consent. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners. Blue Valley Media reserves the right to display clients graphics as examples of our work on our design site. Distribution of graphics to other parties is prohibited, including usage on other web sites, inclusion in any collection, or sale of artwork.

Refusal of Service.

Blue Valley Media reserves the right to refuse service for any web site or material that that it feels is not legal, moral, or in the best interests of Blue Valley Media. Blue Valley Media is not responsible for the content of any web site. Blue Valley Media may cancel this contract for failure of the client to abide by its terms.

Cancellations and Refunds.

Any cancelled work will only be refunded if cancelled before being posted on an active web site. Any refund authorized, will be calculated using the terms below.
Any work cancelled by the client after being posted to an active site may be considered for a partial refund at the sole discretion of Blue Valley Media.

Once design work has commenced, the initial deposit of 50% is non-refundable. Notice of cancellation must be received in writing, and Blue Valley Media will invoice the client for any work completed for which compensation is not included within the aforementioned 50% deposit. The client agrees to accept responsibility for all work completed prior to written notice of cancellation being received by Blue Valley Media.

Governing Law.

This contract shall be governed in accordance with the laws of the state of Kansas, without regard to its conflict of laws provisions, and the parties submit to the exclusive jurisdiction of the State and Federal courts sitting in Johnson County, Kansas. This contract is void where prohibited by law.