IBCS Corp agrees to perform services for Client(s) as described in one or more Statements of Work created before the work begins. Any conflict or inconsistency between the provisions of the executed Statement of Work shall be resolved by giving precedence to the executed Statement of Work under which the Services are to be performed. IBCS Corp grants use of the source code written and used under this agreement to the client for their website, be it a public site or intranet. All rights to the source code remain with IBCS Corp, or otherwise remains with the provider of any open source or proprietary software provided by iBCScorp per the license agreement of the provisioned software.
Client shall assist IBCS Corp in the performance of its obligations. The client shall undertake these responsibilities at their own expense. Client shall make available for IBCS Corp a designated representative: (Client’s Representative), who shall be authorized to make binding decisions for Client regarding the obligations which are the subject of the Statement of Work. Client agrees to keep IBCS Corp advised of any material changes in their network, computers, servers or other equipment, including logins and passwords which are required by IBCS Corp to complete such tasks as updates, backups or other such issues which would affect maintenance or completion of work.
Client understands that IBCS Corp shall rely upon Client’s Representative as having the authority and that all official communications from IBCS Corp to Client shall be addressed to Client’s Representative.
Costs and expenses shall be advanced and paid by Client. On occasion they are paid up front by IBCS Corp, the client shall reimburse them promptly. These costs will be discussed before purchase or implementation and include but are not limited to:
- SSL Certificates
- Domain Name registration or other non-labor costs not included statement of work. No such expenses will be paid by IBCS corp until approved for by the client or Client Representative.
In the event that Client fails to pay any amount billed Client when due, Client agrees to pay all costs of collection including court costs and reasonable legal fees.
The Client agrees not to hire employees of IBCS Corp until after a period of one year from the time of the last payment received by IBCS Corp from the Client.
Interest and Late Fee
Client agrees to pay interest on unpaid balance commencing ten days after the statement date, at a rate of 1.75% simple interest per month. A late fee of five dollars or five percent of any unpaid balance whichever is greater, shall be applied to payments not made within 10 days of the statement date.
Completion of Statement of Work
IBCS Corp will notify Client of completion of any Statement of Work and Client will be given 10 days to report any bugs, fixes, or changes before IBCS Corp will begin billing for the Statement of Work completed.
Warranties and Liability
IBCS Corp does not warrant that the functions of Client’s Site will meet Client's expectations of traffic or resulting business. In no event will IBCS Corp be liable to 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 the Client’s Site or any of its web pages, even if IBCS Corp has been advised of the possibility of such damages.
If the Statement of Work is canceled before work is finished, Client forfeits any payments made and may be held liable for breach of contract and will be held liable for all cost associated with breach of contract.
The labor rates for this contract are according to IBCS Corp current rates and are subject to change.
Any disputes arising from this contract will be litigated or arbitrated in United States of America, Utah. The Statement of Work shall be governed and construed in accordance with the laws of the State of Utah. Client (Client Representative) hereby agrees to the terms, conditions and stipulations of the Statement of Work on behalf of his/her organization. The Statement of Work constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Trademarks and Copyrights
The Client represents to IBCS Corp and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to IBCS Corp for inclusion in web pages are owned by the Client, or Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend IBCS Corp from any claim or lawsuit arising from the use of such elements furnished by the Client. IBCS Corp initially owns copyright to the assembled work of services produced by IBCS Corp. Upon payment for services rendered, all rights owned by IBCS Corp as to services rendered for the Client's site transfer to Client.
Over time browsers change. Changes in browsers affect the compatibility of code. We test for compatibility of a website against only the top 3 most popular browsers found here: http://www.w3schools.com/browsers/browsers_stats.asp, at the time a site is completed, and does not guarantee browser compatibility for older or less popular browsers. For high traffic sites it may be worth testing those browsers and this can be done on request but is not our normal policy.
For a period of at least 1 year beginning on date of written consent to allow Web Developer Credits, and as long as IBCS Corp is performing Services for Client, Client agrees to allow IBCS Corp to claim credit for Services rendered by posting a link, visible to search engines, to www.IBCSCorp.com on their website when applicable with the IBCS Corp logo and text such as "website design by IBCS Corp" or "website managed by IBCS Corp"; and in author meta tags of Client’s Site. For services not offered by iBCScorp.com for example a preexisting website, this does not apply. Also client allows ibcscorp to make relevant press releases which would also benefit the client.