Terms of service :

Clients engaging Defiant Pc for contracted and non contracted work including but not limited to consultations, designing/redesigning of company's or person's Web Site, graphic design and/ or desktop application development are subject to our policies and terms of service as detailed below:

1. Authorization. The client is engaging Defiant Pc, as an independent contractor. If the above-named project requires developing and/or improving a World Wide Web site, if the above named client wishes to have Defiant Pc install the client's web space on Defiant Pc servers, permission to do such is granted. If the client prefers to have the site hosted elsewhere, client hereby authorizes Defiant Pc to access this account, and authorizes the Internet Service Provider to provide Defiant Pc with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Defiant Pc to publicize their completed web site to Web search engines, as well as other Web directories and indexes.

2. Hourly Rate. Work shall be billed at the hourly rate of $122.00/hour unless an alternate amount was agreed upon for the request and/or project.

3. ISP. The client understands that any Internet Service Provider (ISP) services require a separate contract with the ISP of the client's choice. The client agrees to select an ISP which allows Defiant Pc full access to the Web site and a cgi-bin directory via FTP or to sign up for web hosting on Defiant Pc servers if offered.

4. Completion Date. Defiant Pc and the client must work together to complete the project in a timely fashion.
We agree to work expeditiously to complete the project, provided the web host information and all other client materials are supplied in a timely manner. If client does not provide information and or materials necessary to complete said project in a timely fashion, Defiant Pc may elect to terminate the project. In no event will Defiant Pc 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 due to project delays,terminations, cancellations or completion extending beyond the target completion date.

5. Payment of Fees and Expenses. A deposit of 20% of the total estimated project shall be remitted by the project start date, In addition, Defiant Pc's hourly rate and project expenses minus the 20% deposit shall be billed at project completion. Expenses may include, but are not limited to, telephone, travel, design and graphic services, and programming. All payments will be made in U.S. funds. If paying by check, you agree that should your bank return your check for any reason, you will be liable for any additional fees incurred by Defiant Pc. You further agree that should your bank return your check(s), for any reason, Defiant Pc will charge you a $30.00 fee and you will be responsible for payment in full upon notification by your bank, and/or Defiant Pc.

6. Performance Liability. Defiant Pc does not warrant that the functions supplied by Web pages, software, consultation, advice, or Internet Web site will meet the client's requirements or that the operation of Web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web pages and Web site is with client. In no event will Defiant Pc 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, applications or Web site, even if Defiant Pc has been advised of the possibility of such damages.

7. Copyrights and Trademarks. The client represents to Defiant Pc and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Defiant Pc for inclusion in web pages 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 Defiant Pc and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

8. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Defiant Pc and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

9. Copyright to Web pages Copyright to the finished assembled work of web pages produced by Defiant Pc is owned by Defiant Pc. Upon final payment of this contract, the client is assigned rights to use as a application or web site the design, graphics, and text contained in the finished assembled product. 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. Defiant Pc and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

10. Payment Terms. It is imperative that payments be made promptly and as detailed in these Policies and Terms of service.
Source files will be stored temporarily, for client review, on Defiant Pc's server or the client's ISP account and will be uploaded and or activated to go live when full payment is received. If an amount remains delinquent 30 days after its invoice date, an additional 5% penalty will be added for each month of delinquency. Defiant Pc 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 in that process. Client agrees that for purposes of venue, this contract was entered into in McCracken County, Ky, and any dispute will be litigated or arbitrated in McCracken County, Ky.

11. Assignment of Project. Defiant Pc reserves the right to assign subcontractors to insure the right fit for the job as well as on-time completion.

12. Change order. Any changes to original request or additional requests not specified at the beginning of any project requires a written change order or separate agreement. All prices specified for said request or project will be honored for three (30) days after initial quote. Continued services after that time will require a new agreement.
Defiant Pc retains the right to accept or refuse the change order requests.


13. Initial Payment and Refund Policy. This agreement begins with an initial payment of (20%) of total estimated project If the client halts work and applies for a refund within 30 days, to Defiant Pc, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the 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 stated above. If the total amount of this contract is less than $500, the total amount shall be paid upon signing this contract. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract. All payments will be made in US funds.