Terms and Services

Terms and Services

IMPORTANT NOTICE: *All payments to Break-thru Productions are non-refundable after 30 days*
and Cost of Domain Name Purchases are non-refundable at any time.

Our desire is to delight our clients. One way is to make clear our understandings with each other. These are the terms of our Services:

Authorization. The above-named client is contracting with Break-thru Productions for the specific project of developing and/or improving a World Wide Website to be installed on the Break-thru Productions hosting account. The client also authorizes Break-thru Productions to publicize their completed website to Web search engines, as well as other Web directories and indexes.

Development.
Designing a web site to work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Break-thru Productions represents and warrants that the web site we design for you will work in:
*Microsoft® Internet Explorer versions 5 and up
*Mozilla Firefox versions 3 and up
*Netscape Navigator/Communicator version 4 and up
While Break-thru Productions will make reasonable efforts to design a multi-functional web site, Break-thru Productions warrantee does not cover AOL, text-based browsers or requested special effects that we have advised you against.

Website Packages (Excludes On-Line Stores)
The web site chosen includes up to one, three or five web pages. In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay Break-thru Productions an additional charge for each additional web page. Graphics or photos beyond the allowed average of 5 per web page may be billed with additional charges.

Maintenance
This agreement includes web page maintenance to regular web pages (not store product pages) over a 1-year period, including updating links, updating photos, making changes to a sentence or paragraph and adding / deleting email accounts per client request, as per package specifications.

Hosting Service
We host all website's on a Linux. Additional optional charges may apply for Windows hosting plans.

Copyright and Trademarks
The client represents to Break-thru Productions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Break-thru Productions for inclusion in web pages 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 Break-thru Productions from any claim or suit arising from the use of such elements furnished by the client. Copyright to the finished assembled work of web pages produced by Break-thru Productions is owned by Break-thru Productions. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Break-thru Productions retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Ownership of Copyright
The Client acknowledges and agrees that Break-thru Productions retains all rights to copyright.

Domain Name
Every domain name (www.yourdomainname.com) the Registrant, Administrative, Technical, and billing contact listed for it will be registered to Break-thru Productions. If Cancellation of contract Break-thru Productions will provide Client with transfer activation code within 30 working days. 

Cancellation-Transfer
In the event of Cancellation-Transfer of this assignment by the Client requires 30 days prior written notice. Notice may be given by e-mail and must include customers name, domain name, and date of cancellation. Break-thru Productions will give the customer 1 week notice before taking the web site down. Refunds are not given for unused hosting fees for the remainder of the yearly contract.

Payment Schedule
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Pricing. Not with standing any prices listed in literature or on Web pages, the Client, Break-thru Productions agree that the services described in this contract, and the Package Price. The Client agrees to pay to Break-thru Productions an initial, non-refundable deposit of 50% of the estimated total cost, upon execution of this agreement. Payments must be made promptly based on the terms of this Web Site Design Project. Break-thru Productions reserves the right to remove any Web Design Project from viewing on the Internet until the client is up-to-date on the agreed payment plan or final payment is made. If the total amount of this contract is less than $500, the total amount shall be paid upon signing this contract. If the client does not supply Break-thru Productions complete text and graphics content all web pages contracted for within 90 of the date this contract was signed, the entire amount of the contract becomes due and payable.

Legal Notice
Not withstanding anything to the contrary contained in this contract, neither Break-thru Productions nor any of its employees or agents 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 Break-thru Productions 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.

This Agreement
This agreement constitutes the sole agreement between Break-thru Productions and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request both Client and Break-thru Productions.