Agreement between Aban4Design (we, us, our, ours, designer) AND client (you, your, yours).

By entering into any contract or agreement with Aban4Design for products and/or services to be provided by Aban4Design, including without limitation ordering any products or services through the Aban4Design web site (hereinafter referred to as your “Contract” with Aban4Design), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).

For purposes of these Terms and Conditions, references to the products and/or services provided by Aban4Design shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, printing services, web design, screen savers, stationery, brochures, marketing materials and other design services, and any and all future product or service offerings of Aban4Design.

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Aban4Design or enter into your Contract with Aban4Design. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.

Aban4Design reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice to you. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Aban4Design shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.

Introduction:

We are Aban4Design. We are able to provide you with a range of web design, programming and related services. If you wish for Aban4Design to provide any of the services offered throughout this website, you may need to complete an agreement and confirm that you have read and accept all terms laid out below.

You Agree:

By using this website or our services, you agree acceptance of our terms, as well as your waiver of any claims against Aban4Design or its contractors arising out of your use of our services or this website. You accept that any information offered within this website is advisory and that Aban4Design accepts no responsibility for its accuracy. Any information offered though out this website may change from time to time. We make no representation, warranty or claim that any information available within this website is up to date or accurate. Aban4Design reserves the right to change its prices and T&C's without prior notice.

Content:

You agree that the contents used in any design by Aban4Design will not in any way be unlawful, misleading, abusive, offensive, prejudicial or is likely to expose us to claims, lead us into prosecution, criticism, disrepute or cause us embarrassment.

Copyright:

All contents within this site is copyright owned by Aban4Design and may not be used or published unless written permission has been given by Aban4Design.

Virus Protection:

Whilst we carry out regular virus checks on our systems and virus check every incoming and outgoing file, we make no warranties that files sent from Aban4Design are free from virus infection and recommend you virus check all files received from us prior to opening or executing.

Links:

Aban4Design may provide links to other websites. Aban4Design has no control over such websites and resources, and you acknowledge and agree that Aban4Design is not responsible for the availability of such external websites, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Aban4Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.

Logo Design Technicalities:

The logo designed will have a CMYK color model. If Pantone colors are needed the exact values should be specified.
The source file will be .ai [Adobe Illustrator 10], which will be converted to curve and thus allow editing of size, color etc but the fonts will be converted into paths/outlines/graphic objects.

Other formats sent will be:

• JPEG (for screen view)
• TIFF (CMYK Printable)
• EPS (scalable file for printing)
• GIF(RGB color file with transparent background)

Estimate:

Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.

Payment:

Client agrees to pay Aban4Design in accordance with the terms specified in each proposal/estimate.

Payment in full for any and all products and services to be provided by Aban4Design under your Contract is due in advance of the commencement of any work by Aban4Design. Aban4Design shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time a payment in full has been received therefore. Aban4Design will notify you of any additional charges under your Contract prior to commencing performance of its obligations thereunder.

Unless Aban4Design cancels or terminates your Contract for a reason other than your breach or non-performance, Aban4Design shall not refund any portion of your purchase price. If for any reason a refund is granted, a $100 fee will be kept by Aban4Design for the services that have been rendered.

Aban4Design will only refund your money if our management team has deemed that Aban4Design has not delivered services in an efficient and effective manner as promised.

All work or any part thereof that we make, do, accomplish or under process; or a work or works that you (the client) ask us to do for you, whether paid or not paid is considered, will be and must be under the same account of the client. Failure to pay all or any part of the money owed to us by you will result in the suspension of all other work due you. To release all work or any part thereof, you must pay all charges, fees and any and all applicable attorneys' fees.

Out -Of- Pocket Expenses:

Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to sales tax unless 1) You are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to Aban4Design. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.

Delivery And Acceptance:

Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Aban4Design shall deliver your product and/or service to a temporary location designated by Aban4Design for your review. Aban4Design will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. You shall have 60 business days from the date of delivery to the Overtime: said temporary location to notify Aban4Design in writing of your acceptance or rejection of the product and/or service(s). Your failure to notify Aban4Design in writing (or by email) of your rejection of the product and/or service within said 60 day period shall constitute your acceptance of the product and/or service(s). In the event you reject the product and/or service(s), you shall notify Aban4Design in writing of your rejection within said 60 day period, including a detailed explanation for such rejection, following which Aban4Design shall use commercially reasonable efforts to provide a substitute or replacement product or service as soon as practicable. Upon your written acceptance of the product or service, or any substitute or replacement product or service, Aban4Design shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract.

Errors And Omissions:

It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Aban4Design is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.

Telecommunications:

CLIENT shall pay for all transmissions charges. Aban4Design is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.

Electronic Communications:

You acknowledge and agree that all electronic transmissions, including emails, between you and us are and will be a part of the contract.

Your further agree and acknowledge that if you give your consent or approval via email that it will be sufficient and that it will be considered as if it was given by you in writing.

Revisions And Alterations:

New work requested by CLIENT and performed by Aban4Design after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.

Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.

Overtime:

Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “ Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate.

Over Runs And Under Runs:

The CLIENT will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. Aban4Design will bill for actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

Proprietary Rights:

You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Aban4Design in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information.

ABAN4DESIGN MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. ABAN4DESIGN WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION.

Rights Of Ownership:

Once a project has been delivered by us and is fully paid for by CLIENT, Aban4Design will assign the reproduction rights of the design for the use(s) described in the proposal.

According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by DESIGNER, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with DESIGNER and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project.

Upon your acceptance of the product or service and Aban4Design’s receipt of payment in full therefor, Aban4Design will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Aban4Design for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Aban4Design and accepted by you shall at all times remain the property of Aban4Design and you shall have no right in or to such products or services.

Aban4Design retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Aban4Design for display and self-promotional purposes, regardless of your acceptance and Aban4Design’s delivery of the same to you.

Termination:

Aban4Design reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Aban4Design, your Contract and/or your access to the Aban4Design web site, at any time and without prior notice. You agree that Aban4Design shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Aban4Design web site. In the event that Aban4Design rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Aban4Design will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.

Disclaimer Of Warranties:

YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY ABAN4DESIGN ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ABAN4DESIGN HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. ABAN4DESIGN MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. ABAN4DESIGN DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY ABAN4DESIGN WILL MEET YOUR EXPECTATIONS.

Limitation Of Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ABAN4DESIGN OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY ABAN4DESIGN TO YOU, EVEN IF ABAN4DESIGN HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, ABAN4DESIGN’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR ABAN4DESIGN’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO ABAN4DESIGN UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.

Indemnification:

You agree to indemnify and hold Aban4Design, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Aban4Design in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Aban4Design pursuant to your Contract.

Copy Right And Trademark Notices:

All intellectual property of Aban4Design, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Aban4Design in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Aban4Design is strictly prohibited.

Copyright © -2004 by Aban4Design.com, All rights not expressly granted herein are reserved.

General:

These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Aban4Design regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Aban4Design regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Aban4Design unless otherwise agreed to by Aban4Design in writing. The failure of Aban4Design to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

All websites are designed to be compatible with Internet Explorer 5 and above, websites are also compatible with Netscape and Opera, however some features may not always be supported by these browsers. All websites are optimised for viewing at a 1024 x 800 resolution but shall be usable at resolutions from 800 x 600 and upwards.

Production Schedules:

Production schedules will be established and adhered to by both CLIENT and the DESIGNER, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the Designer. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.

Governing Law:

The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Florida. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.

Any questions concerning these Terms and Conditions should be directed to:

Aban4Design,
Attention: Effat AL-Saraj
Email: Aban@Aban4Design.com