ratCLOUD
WEBSITE AGREEMENT

This agreement represents the complete agreement and understanding between ratCLOUD and the account holder (called Client) and supersedes any other written or oral agreement. ratCLOUD reserves the right to modify this agreement at any time, effective upon posting of the modified Policy to this URL: www.ratcloud.com

Authorization: The Client is engaging ratCLOUD as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, here in after refer to as "Hosting Service", or provided on disk or archived file at the Client's option. A description of the Web Design Project and the agreed fee thereof are set forth in Project Scope and Agreement. The Client hereby authorizes ratCLOUD to access this account, and authorizes the Hosting Service to provide ratCLOUD., with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level.

Copyrights and Trademarks: The Client unconditionally guarantees that all materials and the copyright, including but not limited to text, graphics, photos, designs, trademarks, or other artwork furnished to ratCLOUD for inclusion in the Web Design Project 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, indemnify and defend ratCLOUD and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

Customer’s Responsibility: Customer is expected to provide all text content which may be in either paragraph or outline form. Any changes recommended by ratCLOUD Web design will be submitted to customer for approval.

Completion Date: ratCLOUD 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 45 days after Client has submitted all necessary materials.

Design Fee: $10 per hours this fee covers site layout and design. All Designs are made in Photoshop, Dw. This covers HTML only. E-Commerce, shopping carts, database websites are not included.

Additional Page: $5 Additional pages will normally have the same 'feel' as the home page. Additional pages can convey almost anything else you want to convey to your visitors. This covers HTML only (non-flash sites). A basic 5 page HTML website will cost $10 per hours .

Additional Space: The Client can upgrade his existing space by paying $5 per GB on active plan.

Database : Data exceeding 2GB will be charged $2 per GB.

Addon Emails: $1 per email will be charged on Clients current active plan.

Advance: 25% of hours estimated ($10 per hours) is required before any work is started. The advance must be received prior to commencement of the design and the remaining balance paid upon completion. Website Design prices does NOT include Web hosting fees. Advance estimated is non-refundable after 5 days after receiving the check/money order.

Consultation: One hour phone consultation about your site is free. If you want us travel to your house or place of business then its $20 an hour to consult about the design of your site. That includes travel time. If you need us to travel out of town then it is the customer’s responsibility to pay for all travel expenses.

Project Delivery: The final website design project will be published to the ratCLOUD/Client's hosting service upon receipt of final payment or delivered via disk or archived file upon the receipt of full payment.

Web Hosting: The Client understands that ratCLOUD recommends using ratCLOUD hosting services in connection with this Web Design Project. The Client can go through my site at www.ratcloud.com to sign up for web hosting. If the client cannot switch hosting companies to ratCLOUD server, then ratCLOUD will be unable to build the website.

Application Hosting: The Client understands that ratCLOUD recommends using ratCLOUD hosting services in connection with this App Design Project. The Client can go through site at www.ratcloud.com to sign up for App hosting. If the client cannot switch hosting companies to ratCLOUD server, then ratCLOUD will be unable to build the Application.

Disk or archived file: If the Client chooses to take delivery of the website design project via diskette or archived file, the Client assumes all responsibility for the use and functionality of the Web Design Project.

User Data Recovery and Website Backup: ratCLOUD is not responsible for lost content or lost User Data. User Data typically includes data entered by client or site visitors into a database and stored on a Hosting Service. At Client’s request and at Client’s expense, ratCLOUD can design a backup system capable of creating backup files which allow Client Data to be stored at a remote location of Client’s choosing, such as a burnable CD or DVD which can be mailed to the client. Testing, storage and the reliability of backup data, restoration capabilities, and inclusion of all User Data is the sole responsibility of Client. Backups of User Data is intended for disaster recovery, not the restoration of individual files. ratCLOUD will backup the web site files that we create in a manner and frequency of our choosing. Modifications to web site files may mean a backup will not exist for the exact time and date a Client may request; therefore we make no guarantee as to the existence of backup web site files.

Hours: Work hours are from 10am to 6pm, Monday – Friday, excluding all major holidays. Anything work submitted after 4pm IST will be worked on the following business day. We also observe all major holidays. The client understands that we maintain other websites as well. We will update your site in the order your request was received. If an unforeseen emergency comes up where ratCLOUD is unable to update or finish the site, then the client reserves the right to contact another web designer to update the website, only AFTER if ratCLOUD has not answered your emails or phone calls within 7 business days.

Future Web Design and Maintenance: Any future updates will be $10.00 an hour on existing websites only.

Rush Fee: If the customer needs work done after 6pm, Saturday or Sunday, or on a holiday, a $5 Rush Fee will be added on top of the $10 an hour update fee.

Other Services: Other services such as Search Engine Optimization, Banners, Filming & Video Editing, DVD Authoring, and Poster Design are separate services and pricing is NOT included with the Web Design process.

Legal Notice: Not withstanding anything to the contrary contained in this agreement, neither ratCLOUD nor any of its employees or agents warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will ratCLOUD be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if ratCLOUD has been advised of the possibility of such damages.

This Agreement. This agreement constitutes the sole agreement between ratCLOUD and the Client regarding this Web Design Project. Any additional work not specified in this agreement must be authorized by a written request signed by both Client and ratCLOUD. This Agreement constitutes the entire understanding of the parties. Any changes or modifications must be in writing and signed by both parties.