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This Contract for Web Design Services (this "Contract") is by and between the “Customer” and DiamondTech Solutions. In this Contract, the party who is contracting to receive services will be referred to as "Domain Owner," and the party who will be providing the services will be referred to as "Company." 1. DESCRIPTION OF SERVICES. When a deposit (and or first payment of a plan) is collected and payment is thereafter verified, the Company will provide to Domain Owner Domain Undertaking Services (design, development, hosting and/or registry) according to the fee schedule associated with services posted on our web site and/or according to current prices for individual services whereas "packaged" or "planned" pricing may also be applicable (collectively, the "Services"). 2. PAYMENT FOR SERVICES. In exchange for the Services, Domain Owner will pay Company according to the following schedule and method: (a). 60% of total estimated cost for New Site Development will be collected upon contract engagement (unless whereas special financing or payment terms apply, and so the aforementioned will be made part of this agreement by reference); remaining balance shall be automatically debited one (1) day after a final invoice has been served and before domain site is "live" with new works; and payment for additional works (“maintenance plans” & “reoccurring fees”) shall be automatically debited when due using the credit card Customer has supplied to the Company for automatic billing purposes as needed. All invoice payments which are overdue will be assessed a Late Charge Fee of 9% on the total outstanding balance which will be calculated monthly. (b). Domain Owner understands that Company may require and debit additional deposits or payment in full for the following reasons: (i) A credit report/history of the Domain Owner should indicate a history of delinquency or credit unworthiness, (ii) Failed payments or excessive late payments, (iii) Work on site exceeds the total value of the job’s quote, (iv) Domain Owner approves segments of the work product as "finalized", and or (v) Unreasonable gaps in communication (i.e.: Domain Owner not responding to correspondence regarding web site works). 3. TERM. This contract may be terminated by the Domain Owner prior to the domain’s framework completion with formal written notice. Such termination by the Domain Owner will forfeit the deposit and additional fees will apply if the fees for the completed works exceed the deposit amount. In all other cases, this contract will terminate on the last day of the month in which notice is given, except whereas plan or packaged commitment pricing is effective and such terms are hereby made part of this agreement by reference. 4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Company in connection with the Services will be the exclusive property of Domain Owner upon full satisfaction and payment. 5. CONFIDENTIALITY. Company, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Company, or divulge, disclose, or communicate in any manner, any information that is proprietary to Domain Owner. Company and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Upon termination of this Contract, Company will return to Domain Owner all records, notes, documentation and other items that were used, created, or controlled by Company during the term of this Contract, if all balances and contract terms have been satisfied and if no long term Service Agreement is to be engaged after the site’s completion. 6. WARRANTY. Company shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Company's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Company on similar projects. There are no guarantees or limitations based on or from prior estimates. 7. REMEDIES. (a). In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived by the party providing notice, the failure to cure the default(s) within such time period shall result in the automatic hold of this Contract and applicable legal processes may begin. (b). If the Domain Owners account is placed into collections, the Domain Owner shall be solely responsible for the account balance, the account interest, the account legal fees, and the account’s collection fees. Collection fees shall be solely determined by the Collection Service with whom the Company has submitted to and legal fees shall adhere to the same. Please note that the minimum cost for attorney retainment is nothing less than $500.00 per instance. 8. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. 9. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 10. AMENDMENT. This Contract may be modified or amended by the Company from time to time as business costs may increase or decrease, or services may be added or discontinued, without limitation or restriction, including reasonable and probable cause caused by the Domain Owner. The Domain Owner at those times may freely disengage this contract according to paragraph 3 of this contract. 11. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of New Jersey and New York. 12. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by return receipt mail or email, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 13. ASSIGNMENT. Domain Owner may not assign or transfer this Contract without the prior written consent of the Company, unless the assignment is part of a business merger, acquisition, sale of a debt to a collection firm, or sale of a business. 14. ADDITIONAL TERMS & CONDITIONS. (a). All web sites designed by the Company will contain a company business logo (“Insignia”) to signify that the site was or is designed and maintained by the Company in most cases each page. This item must indefinitely remain on the website unless it is completely & entirely reconstructed by another party. Partial reconstruction is not acceptable. (b). Domain Owner understands the fee schedule that may or may not be attached is not guaranteed and is subject to change with or without notice. (c). Items, designs, or programming that are not within the capabilities of the Company and must be “Outsourced” will not be outsourced or assessed fees until a written estimate has been sent to the Domain Owner for verifiable and confirmed approval and acceptance of those charges. (d). Domain Owner understands the website is a direct reflection of the Company’s works, and that editing by the Domain Owner or his/her agents that yield a dysfunctional site (i.e.: broken links, mismatched schemes) is unacceptable by the Company. Under such circumstance, if the Domain Owner does not cure the “dysfunction” Company maintains the right to republish the web site and assess a $25 per instanced fee. 15. SUPPORT TERMS & CONDITIONS. Domain Owner understands that email support is included to all employees & agents regarding Services and the address for such support is customercare@diamondtechsolutions.com or www.diamondtechsolutions.com. 16. RESPONSIBILITY. Domain Owner understands that it is Domain Owner’s responsibility to be aware of the cost and fees, pertaining to the ordinary and current balances through available means such as monthly statements, annual statements and order invoices. A current fee schedule can be found at http://www.diamondtechsolutions.com/en/info/pricelist.pdf or requested at any time by customer and clients. For example, if you ask for works to be completed on your domain with out asking for a estimate first, company will complete work and bill the Domain Owner accordingly. It is the customer's responsibility to request an estimate if financial concerns have to be given consideration. 17. UNREASONABLE DELAYS / REASONABLE EDITING. Domain Owner understands that the Company offers reasonable domain design changes during the course of the site’s design. However, once a particular phase of Domain Owner’s site is approved, modifications in theme, lay out, and color scheme may or may not have regular fees imposed due to the amount of work completed prior to additional alterations. The phases of site development are as follows: Foundation/Color Scheme, Framework/Layout, and Content Input. Domain Owner further recognizes that the Company can not be expected to wait or delay the finalizing of Domain Owner’s site, beyond reason, due to the input, cooperation, or delivery or failure of delivery of third party entities or vendors, or due to unreasonable requests, delays, or negligence of Domain Owner. 18. FINAL INVOICE. Domain Owner understands the Company offers to customers, against generally recognized standards of Company’s industry, the opportunity to streamline the Text Content of Domain Owner’s site for the purpose of reducing the Domain Owner’s Open Invoice. 19. UNREASONABLE LINKING & WEBSITE RIPPING. Domain Owner understands that the Company is in the business of “designing & creating” web sites, and an unreasonable amount of “exterior” linking from Domain Owner’s site to another Domain Owner’s site for the purpose of unauthorized content use, and or the purpose of developing a “Pseudo” website is strictly prohibited by domain copyright laws, designer etiquette, and this agreement when reasonably enforced by the Company. By providing the information below and submitting this form, you ("Domain Owner") agree to be bound by these Terms of Service.