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Elegant Web Studio Client Service Agreement

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1. This Website Design Agreement (the “Agreement”) is entered into by and between the Client and Elegant Web Studio (the “Company”). The Client hereby agrees to retain the Company to design and develop the Client’s website. For services rendered in designing and developing the Client’s website, Client hereby agrees to pay the Company a non-refundable fee (the “Service Fee”). Client further authorizes the Company to charge the Service Fee to the Client’s credit card on file with the Company for those on both of the monthly and annual plans.

2. All information provided to the Company by the Client and contained on the Client’s website is solely the responsibility of the Client. All material on the Client’s website has been approved by the Client as correctly and accurately reflecting the Client and Client’s business. Elegant Web Studio shall not be responsible for any content contained on the Client’s website whatsoever. The Client represents and warrants to the Company and unconditionally guarantees that any elements of the text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for insertion or inclusion on the website are owned by the Client, or alternatively, that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, defend and indemnify the Company from any claim, cause of action or suit arising from the use of such elements delivered to the Company by the Client, including but not limited to all attorney’s fees incurred by the Company.

3. Expired or non-working Credit Cards that are in Company’s accounting file will be charged an automatic $25 service charge in addition to the Annual Hosting Fee. It shall be the Client's responsibility and obligation to contact the Company with any updated credit card information that is in the Company’s file prior to the Annual Hosting Fee being charged to the Client. The Client has agreed that the Company shall be the exclusive hosting company for the lifetime of the Client’s website.

4. Client acknowledges that all sales are final and that without exception, there shall be no refund of the Service Fee.

5. Client acknowledges that Company makes no guarantees with respect to levels of impressions, keyword phrase placements, readership or viewership levels, or click-through rates for any website created for the Client. Company makes no warranties, express or implied, as no refunds will be allowed. Company will not be liable to any client for any loss, or expense caused by, or arising from their internet website advertising. In no event will Company be liable to Client for any indirect, incidental, consequential, special, punitive or exemplary damages of any kind.

6. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois; and the parties consent to the jurisdiction of the state or federal courts having jurisdiction in Lake County, Illinois.

7. This Agreement may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement, and shall become binding when one or more counterparts have been agreed to by each of the parties and delivered to the Company and the Client. The Agreement may be executed and delivered by facsimile transmissions, and a facsimile signature of any party shall be effective as an original signature.

8. In the event any dispute shall arise concerning the subject matter of this Agreement, the prevailing party shall be entitled to recover from the other party their reasonable attorneys’ fees and costs incurred.

10. All of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

11. This Agreement constitutes the sole agreement between the Company and the Client regarding the Client’s website. Any additional work not specified in this Agreement must be authorized by a written change order.

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