OHGOGOSH.COM TERMS AND CONDITIONS

ohgogosh
Rockville, MD 20851
United States of America
sales@ohgogosh.net 
Web Design and Artwork Agreement – FORM WDAA

Welcome to ohgogosh! By using ohgogosh, and signing up as a Customer, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the ohgogosh for services. ohgogosh may revise these Terms and Conditions of this agreement at any time. If an agreement has already been made prior a new agreement must be reviewed and re-signed by the customer.

Please review the Terms and Conditions carefully, because they are binding on you. In these Terms and Conditions, all services provided by and related to ohgogosh, and all text, images, photographs, user interface, "look" and "feel", and other content included at ohgogosh from time to time are sometimes referred to as the "Web Site", ”Content”, ”Files” and/or "Service(s)."

You acknowledge and agree that ohgogosh shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities.

You acknowledge, consent and agree that ohgogosh may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce these Terms and Conditions;
(c) Respond to claims that any content violates the rights of third-parties;
(d) Respond to your requests for customer service; or
(e) Protect the rights, property, or personal safety of ohgogosh, its users and the public.


Thank you for your time,
Michael L De Carlo Sr.
www.ohgogosh.com  and www.ohgogosh.net

OHGOGOSH.COM TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE PLEASE READ ON:

OWNERSHIP OF ARTWORK
ohgogosh retains copyright ownership of all original artwork or parts contained therein, whether preliminary or final. Upon receipt of full payment, the client will be granted license to use final web design for their website. Rights to photos, graphics, source code and software are specifically not transferred to the client, and remain the property of their respective owners. ohgogosh retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio.

PRODUCTION SCHEDULE/DELIVERY OF PROJECT
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. The designer shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer. If such event(s) occur, it shall entitle the designer to extend the completion/delivery date, by the time equivalent to the period of such delay.

COMPLETION DATE
ohgogosh and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 30 days after the client has submitted all necessary materials. If the client does not supply ohgogosh with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable.

COPYRIGHT
The client guarantees that any text, graphics, photos, designs, trademarks, or other artwork furnished to ohgogosh for inclusion in the project are owned by the client, or that the client has express permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend ohgogosh and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

THIRD PARTY SHIPPING
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the designer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.

CLAIMS PERIOD
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.

PROOFING OF FINAL PROJECT
ohgogosh shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.

CONFIDENTIALITY
All correspondence and documents provided will be treated as confidential between the client and the designer, unless consent has been granted by both parties involved.

WEBSITE MAINTENANCE
ohgogosh agrees for minor web site maintenance to pages per contract agreement and/or time, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, chats, photo manipulation, flash designs, navigation structure changes, and attempted updates resulting in a malfunction to the client’s website. The period begins on the date the client’s web design site has been published to client's hosting service of choice or 10 business days from the date this agreement was signed, which ever comes first. If the client's web design package includes major page code and/or database structural changes will be charged at current hourly rates.

PASSWORDS
If a password and/or passwords are given due to client using another source other than ohgogosh servers for publishing and/or storage for all and any website or publishing contents via file transfer protocol (FTP) a signature must be from a designated and authorized person(s) from the client. If the designated and/or authorized person(s) are no longer designated, authorized, employed or others a new signature must be made from client. It will be the client’s responsibility to report any changes that will affect this matter.

PAYMENTS
Payments must be made promptly and in full before any work and/or project(s) starts . Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 15 days after its due date, ohgogosh will contact you via e-mail and follow up with a phone call to ensure proper communication is established between client and ohgogosh. If an amount remains delinquent after 30 days of the due date ohgogosh reserves the right to remove any web design and/or publishing project(s) from being viewed, downloaded or used on the Internet and/or server(s) belonging to the client, outsourced by the client or ohgogosh server(s) until final payment is made in full.
Ohgogosh will not be responsible for any loss of business once web design and/or publishing project(s) are removed from the internet and/or server(s).

WEB AND PRINT DESIGN PROJECTS AND MAINTENANCE
In the event of cancellation of the project, ownership of all original designs , artwork and disks shall be returned and retained by ohgogosh, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client. Printing costs paid to ohgogosh are refundable only if printing error is determined to be our fault.

*PRICING - HOURLY AND FLAT RATES

*pricing on hourly and flat rates are subject to change - current customers will be notified.

WEBSITE HOSTING
Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of ordering and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client, or until 30 days after due date of payment not received. If client paid for hosting account for 6 or 12 months ahead and cancels service before plan expiration date, a refund may be given for the months not yet elapsed. If client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount.

REFUNDS -(a)
If you are not satisfied with the initial Responses provided by ohgogosh, and have paid the full fee up-front, you may request a refund by completing the Refund Request form, which will be provided to you upon request. Upon timely receipt of the completed form, ohgogosh will refund the total payment made by you, less a one-hundred dollars ($100.00) for service and processing fee. If your total service cost is one-hundred dollars ($100.00) up-front and are not satisfied with the initial services provided by ohgogosh, ohgogosh will refund the total payment made by you, less a fifty dollars ($50.00) for service and processing fee. No refund is available for design firms or for those who order our design services on behalf of another entity. Furthermore, you shall forfeit the right to the refund outlined above if you request additional revisions to any of the initial concepts of any and all services.
REFUNDS -(b)
Should you receive a refund, you agree that your acceptance of the refund and constitute your sole and exclusive remedy with respect to related responses. Additionally, you acknowledge that you will have no right (express or implied) to use any response or other work product, content, or media, nor will you have any ownership interest in or to the same.

PROJECT DURATIONS
You agree to provide timely responses to any status notifications that ohgogosh sends to you. You shall have 14 days to respond to each response(s) sent to you. If after 14 days you have failed to respond, ohgogosh will assume that your project is complete and the project shall be deemed completed. At such time, ohgogosh will have no further obligation to you, and you will pay ohgogosh pursuant to the provisions of these Terms and Conditions. Notwithstanding the foregoing, ohgogosh reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, ohgogosh will determine, in its sole discretion, whether you are entitled to any refund.

LINKS TO THIRD PARTY SITES
THE LINKS ON WWW.OHGOGOSH.COM AND WWW.OHGOGOSH.NET  WILL LET YOU LEAVE OHGOGOSH SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF OHGOGOSH AND OHGOGOSH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. OHGOGOSH IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. OHGOGOSH IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OHGOGOSH OF THE SITE.