FORRESTER™ CUSTOM WEBSITE DESIGN AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Professional Design Services Agreement ("Agreement") is entered into by and between Forrester Corporation™. a New York State Corporation ("Forrester™") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Forrester™'s Professional Design Services ("Service(s)" or “Design(s)”), and represents the entire agreement between you and Forrester™ concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Forrester™’s Universal Terms of Service Agreement, with is incorporated herein by this reference.
The terms “we”, “us” and “our” shall refer to Forrester™. The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. DESCRIPTION OF SERVICES
This Agreement applies to custom design of logos, website headers, static and animated banners, business cards, letterhead and favicons.
Website Header Design
Purchase of a website header design includes an initial interview, presentation of one (1) initial design and up to one (1) round of requested revisions. It also includes delivery of one (1) size, up to 1000x250 pixels, of the final approved image.
Purchase of a flash custom header design includes an initial interview, presentation of one (1) initial design, up to one (1) line (4-8 words) of embedded text, up to one (1) round of requested revisions, and one (1) timeline that outlines the animation. Flash custom headers are photo-based and therefore may include elements from your submitted logo or complementary graphics, but will not include illustration, hand-drawing, hand coloring, or logo design. All text and images must be submitted before the design service will begin. The design of a flash custom header also includes the delivery of one (1) animated image in one (1) size, up to 1000x300 pixels, of the final approved image in.swf file format. Other sizes may be requested for an additional fee to be quoted prior to delivery.
Banner and Favicon Design
Each purchase of either a static banner or an animated GIF banner includes an initial interview, presentation of one (1) initial design and up to one (1) round of requested revisions. It also includes delivery of five (5) sizes of the final approved image in.gif file format:
Full banner – 468x60 pixels
Half banner – 234x60 pixels
Tile – 125x125 pixels
Button – 120x90 pixels
Custom fitting – within 720x720 pixels
Purchase of flash-animated web banners includes an initial interview, presentation of one (1) initial design, up to two (2) lines (up to 20 words) of embedded text, up to one (1) round of requested revisions, and (1) timeline that outlines the animation. Flash-animated banners are photo-based and therefore may include elements from your submitted logo or complementary graphics, but will not include illustration, hand-drawing, hand coloring, or logo design. All text and images must be submitted before the design service will begin. The design of a flash-animated web banner includes the delivery of one (1) animated image in one (1) size, up to 350x350 pixels, of the final approved image in.swf file format. Other sizes may be requested for an additional fee to be quoted prior to delivery. If you purchased the flash-animated web banner for a website created and maintained by us, the service includes insertion of the header into your website.
Purchase of a favicon design includes delivery of a standard favicon image based on your design, logo or website initials.
3. YOUR OBLIGATIONS
Reasonable Requests. You agree that all requests will be reasonable in nature and within the scope of the Services purchased.
Submission of Content. We may request images or other content that you have indicated a desire to incorporate into the purchased Design. All such content provided should be copies and not the originals. All content must be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. We will not begin work on your Design until all requested materials and assurances of rights have been received from you. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.
Right to Use Content. You represent and warrant that you have the appropriate rights or licenses in all logos, trademarks, intellectual property or other content supplied by you for inclusion in your Design.
Obligation to Respond. You also agree to respond to any request for content, feedback or approval within fourteen (14) days. Failure to initiate the design process or provide requested content, feedback or approval within thirty (30) days of our request may result in termination of the Services without refund or credit. Any unfinished Designs may be archived and may require additional activation fees to recover.
Completion of Service. Delivery to you of your approved Design via the Design Manager or electronic mail completes our obligations under this Agreement and releases us from any obligation for further action, revisions or alterations. Requests for additional design compositions or revisions will result in additional design fees based on the additional work requested. If you cancel the Services after work has commenced, you will incur a termination fee based on the work completed to date.
Reasonable Expectations. We strive toward creating professional designs that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.
Your Delay. Our completion of the Services depends upon your timely feedback and approval in the Design Manager within your account. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely feedback, including your failure to initiate the design process.
Limits on Content. We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that we in our sole discretion decide.
No Obligation to Back-Up. We have the right, but not the obligation, to back up or archive your Design before delivery.
No Intellectual Property Guarantee. Any Design developed by us is delivered without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in the United States or any other jurisdiction. We expressly disclaim all liability for infringement on the intellectual property or other proprietary rights of any third party. We are not responsible for advising you as to any potential trademark or copyright issues related to proposed logo designs, and you should consult your own attorney with any such questions.
5. OWNERSHIP OF DESIGNS
Upon final delivery of the purchased Design, we transfer to you all rights, titles and interest in the Design, but expressly reserve and retain the unlimited right and/or license to display your Design as-is or with alterations online, in marketing materials, or in any other manner in our sole discretion. Except as explicitly granted herein, we do not grant any express or implied right to you under our patents, copyrights, trademarks, or trade secrets.
6. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
7. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.