TERMS OF SERVICE

1. Authorization.

The named client is engaging Bluecherrydesigns.com, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as "web design project" to be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes Bluecherrydesigns.com to access this account, and authorizes the Hosting Service to provide Bluecherrydesigns.com 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. The client also authorizes Bluecherrydesigns.com to submit the completed web design project to major Web Search Engines.

2. Development.

The following is included in the quoted web design project rate:

Client Web Design Project Detail
Web Design Package Features
Browser Compatibility
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Bluecherrydesigns.com promises that the web site we design for you will work in:

Microsoft Internet Explorer version 7 and above, Firefox v. 2 and above.

While Bluecherrydesigns.com will make every effort, always, to design a fully functional web site, our guarantee does not cover AOL, text-based or mobile phone based browsers, or any requested special effect that we have advised you against.

Accessibility for People with Disabilities
Bluecherrydesigns.com standard is to meet as many as possible of the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

The following is NOT included in the quoted web design project rate:

Web Site Maintenance/Support
Source Files of any kind
Any Additions or Add-on services as mentioned within our website
Any Backup copies or CD, DVD, Diskette copies
Web Hosting
Web Site Revisions
Programming Revisions

3. Assignment of web design project.

Bluecherrydesigns.com reserves the right to assign subcontractors to this web design project to insure that the terms of this agreement are met. Any support of any kind is at the sole discretion of Bluecherrydesigns.com and is not inlcuded in any project quotes.

4. Copyright and Trademarks.

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Bluecherrydesigns.com 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 and defend Bluecherrydesigns.com and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

The Company, and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will block access to our Web Site of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder whose access is blocked.

Copyright Notification in the Event of Possible Infringement.

If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

A. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

B. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

C. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;

D. Your name, address, telephone number and, if you have one, your e-mail address;

E. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

F. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

The Company has designated Mr. Mitchell Smith as our agent to receive notices of claims of copyright infringement on our web site. You can contact Mr. Smith as follows:

By Email:
sales*at*bluecherrydesigns.com

5. Project Delivery.

The web site design project will be published to the client's hosting service upon receipt of the full payment. This does NOT include the web design project to be delivered via diskette, cd rom or dvd rom with source files. Client will NOT receive any source files upon hiring Bluecherrydesigns.com to design their web project. The client understands that Bluecherrydesigns.com does not provide any hosting services in connection with this web design project. The client agrees to select a hosting service which allows Bluecherrydesigns.com full access to the client's account via FTP. The client will be solely responsible for their own hosting service charges.

Publishing:

Bluecherrydesigns.com will use FTP to publish to the site. We are not held responsible for lost passwords and all passwords and logins must be provided by the customer. The customer hereby gives Bluecherrydesigns.com permission to access their server at any time to publish or edit the site pages.

6. Electronic Commerce Laws.

The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Bluecherrydesigns.com and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.

7. Web Design Project Copyright.

Bluecherrydesigns.com owns copyright to the finished web design site produced by Bluecherrydesigns.com. The client will be assigned licensed rights to use the web design project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Copyrights to graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of Bluecherrydesigns.com. Bluecherrydesigns.com and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a a link back to the Bluecherrydesigns.com web site.

Use of Material:

The Company authorizes you to view and download a single copy of the material on Bluecherrydesigns.com (the "Web Site") solely for your personal, noncommercial use.

The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company's copyright.

8. Payments and Refunds.

Payments must be made promptly based on the schedule below. Delinquent bills will be assessed a 5% charge if payment is not received within 3 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 25% penalty will be added for each month of delinquency. Bluecherrydesigns.com reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when deposit has been made to Bluecherrydesigns.com. The client agrees that for purposes of venue, this agreement was entered into in Las Vegas, Nevada, US and any dispute will be litigated or arbitrated in Las Vegas Nevada, US. Please pay on time. All payments will be made in US $ funds.

Refund Policy

1. All sales are final. You understand that there are to be no refunds.
2. Specifically you agree that NO REFUNDS will be given in any of the following circumstances:
   a. If my order has already been delivered by bluecherrydesigns.com, whether by ftp, uploading to your server or by mail..
   b. If my order has been cancelled after 48 hours of the initial payment that has been made to begin the project design.
   c. If I order digital media (cd, dvd) of my web site and provided an incorrect address to bluecherrydesigns.com, and bluecherrydesigns.com has shipped my order to this wrong address.
   d. If I deny access to the server for Bluecherrydesigns.com, change the web server information, such as passwords, login information, ip address.
   e. If I change the domain name that the original site was designed for.
   f. If more than 72 hours have passed and I have accepted the project as is without informing Bluecherrydesigns.com I no longer desire the project.

RETURNS POLICY

3. I am aware that I am not permitted to return digital media to bluecherrydesigns.com for exchange or a refund.

CHARGEBACK POLICY

4. I am aware that chargebacks are not welcome, and that all disputes can normally be resolved by contacting the management of bluecherrydesigns.com.
5. I agree that in the event a chargeback is raised by me in connection with my order that I may be forbidden from reordering from bluecherrydesigns.com and any and all affiliated sites.
6. I agree that it is my responsibility to maintain a working email address for all communications with bluecherrydesigns.com, this especially applies to 'free' email addresses such as those from Yahoo!, & Hotmail.
7. I agree that bluecherrydesigns.com is not responsible for any failure of mine to receive emails in connection with my order due to my non working email address, and that specifically this failure is not valid grounds for raising a chargeback.
8. I agree that in the event that I raise a chargeback in connection with my order, that:
a. bluecherrydesigns.com will, if fraud is suspected, report the case to the FBI Internet Fraud Complaint Center, together with anti-fraud associations, and/or other third parties at it's discretion.
b. bluecherrydesigns.com may instigate civil action against me to recover the principal amount, and any and all additional costs and fees, including legal fees.

9. Payment Schedule.

All custom web design projects are to be 50% upon ordering and 50% upon completion UNLESS ordering a template or custom site. Templates/custom sites are to be paid in full upon ordering.

10. Legal Notice.

Bluecherrydesigns.com does not warrant 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 Bluecherrydesigns.com be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential 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 site visitor's computer or Internet software, even if Bluecherrydesigns.com has been advised of the possibility of such damages. Client is responsible for making their own back-up copy of their files on their hosting provider. Bluecherrydesigns.com does create their own backup copy of the original design and client may have access to this design, its files, images, text and have them uploaded once again to their hosting provider.

If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

11. Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability.

The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $500.

JURISDICTION

This Agreement will be governed by and construed in accordance with the internal laws of the State of Nevada, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Las Vegas, Nevada before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

FOREIGN USAGE

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this Site from outside the United States of America. Unless otherwise stated, the contents of this site are published for the use and enjoyment of residents of the USA.

GENERAL INFORMATION

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

This Agreement serves as the final and only Agreement between you and this Site.

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tool or service that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.

NOTICE

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. YOUR USAGE OF THIS SITE MEANS THAT YOU ACCEPT THE CURRENT VERSION OF THIS AGREEMENT.

13. Termination.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Web Site and immediate termination of your agreement without any refund; with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to Bluecherrydesigns.com with or ability to access the Web Site.

14. Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

15. Links to Other Sites.

The Web Site contains links to third party web sites. The Company does not endorse any of these sites and is provided to you as a convenience only. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

16. Contacting the Company.

Users may contact the Company, for customer support or service at the following e-mail address(s):

sales*at*bluecherrydesigns.com

17. This Agreement.

This agreement constitutes the sole agreement between Bluecherrydesigns.com and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months after both parties sign this contract. Continued services after that time will require a new agreement. Bluecherrydesigns.com reserves the right to change this agreement at anytime and it's the client's responsibility to check back to Bluecherrydesigns.com's website for any changes incurred. By purchasing a web design project from Bluecherrydesigns.com, you have agreed that you have read and will abide to all the terms underlined herein.

18. Additional Terms of Use.

Certain areas of this Web Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

We hope your enjoyment of Bluecherrydesigns.com and its Services will be enhanced by the application of these Terms and Conditions. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Services.