LEGAL STATEMENT
PDF downlaod and minor revisions comign soon.
1. Authorization
The signed client is engaging Brian Martinson, a sole proprietor, as an independent contractor for the specific purpose of designing, developing, or maintaining a web site, or graphic design. The client hereby authorizes Brian Martinson to access the client's FTP account (if a web design + installation has been included in the client's request), and authorizes the web hosting service to provide Brian Martinson with "write permission" for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project (if a web design + installation has been included in the client's request). The client also authorizes Brian Martinson to publicize their completed web or graphic design to web search engines, as well as other web directories and indexes including this (brianmartinson.com) portfolio page.
2. Confidentiality
Brian Martinson and the signed client may disclose confidential information one to the other to facilitate work under this agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
1. Is already known to the party to which it is disclosed.
2. Is or becomes part of the public domain without breach of this agreement.
3. Is obtained from third parties, which have no obligations to keep confidential to the parties to thisagreement.
Brian Martinson is committed to protecting sensitive information pertaining to the signed client. By agreeing to this legal contract, all client information including, first name and surname, physical address, e-mail address, telephone number, billing information, personal service account number, or any other information which could be used for identification will be protected to the highest degree possible. Information regarding the content and type of service which has been performed (i.e. web design; software; etc.) is, however, available for republication and reference on this portfolio website.
All private information defined above is used in the process of communicating and billing clients. Any gathered information will in no way be used in any other manner or be released to any other persons or organizations. Brian Martinson will not use the name of the signed client, in any advertising or publicity without the prior written approval from the signed client.
3. Details Concerning Web Design Packages
The signed client agrees and understands that Brian Martinson does NOT provide web hosting services, only design and content maintenance services. It is the signed client's responsibility to choose and purchase a web hosting plan and provide Brian Martinson with the proper information (only if the client is requesting the installation of their design package) to carry out the requested work on that said hosting server. If the signed client is unsure about how to go about acquiring a web hosting provider, or simply requests consultation, Brian Martinson will gladly consult the signed client and assist them in purchasing a web server, free of charge. Brian Martinson reserves the right, at all times, to reuse and redistribute parts of the completed web design package (i.e. scripts, images, code, etc.) in other web designs for personal and commercial uses. Brian Martinson, also, does not guarantee the web design will perform perfectly across all browsers, however, he attempts to make each design as fully cross-browser compatible as possible, however it is nearly impossible to do so for all browsers. Package prices listed on brianmartinson.com may vary from the specific fees for the requested package, so please review the fee summary carefully before signing.
4. Payment
With regard to specific one time prices for web design packages, the signed client hereby agrees to make the full payment for the chosen web design package within forty-five (45) days of the deadline. If the full payment of the said package is not fully transacted after the forty-five (45) day period, a one-hundred dollar ($100) penalty fee will be added to the outstanding balance. If the full payment still has not been paid after sixty (60) days of the original signing, the signed client agrees that Brian Martinson has the right to pursue legal action for the missed payment.
With regard to continuous content maintenance service fees, the signed client hereby agrees to make the agreed upon service fee each month and any additional surplus hourly fees that apply every month until both parties agree upon the termination of the service. While employing the content maintenance services provided by Brian Martinson, the signed client agrees to make the flat rate monthly fee each month for any amount of work ranging from zero (0) hours to fifty (50) hours. If the amount of content maintenance work exceeds the maximum fifty (50) hours, the signed client agrees to pay the agreed upon surplus hourly fees in addition to the flat monthly fee. If the amount of work for a given month's maintenance service will exceed fifty (50) hours, the signed client will be contacted via email. After sending the said email, the signed client will have five (5) days to request the additional work not be done (voiding the additional hourly surplus fee for that specific work). All payments for the continuous content maintenance service provided by Brian Martinson must be made within fifteen (15) days of the end of the month. If the full payment of the said service charge is not fully transacted after the fifteen (15) day period, a fifty dollar ($50) penalty fee will be added to the outstanding balance. If the full payment still has not been paid after thirty (30) days of the end of the month (in which the service charges apply), the signed client agrees that Brian Martinson has the right to pursue legal action for the missed payment.
All payments must be made in United States Dollars (USD), and can be made in cash or via check; payable to Brian Jost Martinson. Electronic payment is currently not accepted (this includes credit cards, debit cards, paypal, etc.).
5. Package Termination
If the signed client requests to cancel their order of a specific web design package before it's due date, the signed client agrees to pay sixty percent (60%) of the total bill (including all additional expenses) within thirty (30) days of the termination request. If the termination payment of the said package is not fully transacted after the thirty (30) day period, a one-hundred dollar ($100) penalty fee will be added to the outstanding balance. If the termination payment still has not been paid after forty (40) days of the original signing, the signed client agrees that Brian Martinson has the right to pursue legal action for the missed payment.
If Brian Martinson requests to cancel the signed client's package order before it's due date, the signed client will not be responsible for making any payments. Brian Martinson reserves the right to cancel any order at any time at his choosing without the risk of legal or financial consequences.
6. Service Termination
If the signed client requests to terminate the continuous content maintenance service provided by Brian Martinson, they agree to pay the service charge which applies for the month in which the termination request is received by Brian Martinson and any other outstanding balances for previous months within fifteen (15) days of the agreed termination of the service. If the full payment of the said service charge is not fully transacted after the fifteen (15) day period, a fifty dollar ($50) penalty fee will be added to the outstanding balance. If the full payment still has not been paid after thirty (30) days of the end of the month (in which the service charges apply), the signed client agrees that Brian Martinson has the right to pursue legal action for the missed payment.
If Brian Martinson requests to terminate the continuous content maintenance service, the signed client is only responsible for fulfilling any outstanding balances and for fifty percent (50%) of the current month's fees. Payments must be made in the same deadlines as described in the first paragraph of this section. Brian Martinson reserves the right to terminate any service agreement at any time at his choosing without the risk of legal or financial consequences.
Brian Martinson reserves the right to suspend any service agreement for a given amount of time at any time at his choosing without the risk of legal or financial consequences. If a service agreement is suspended for an entire month's time period, the signed client is not responsible for paying the fees of that month only. If the service agreement is suspended for less than a month, the signed client is only responsible for paying fifty percent (50%) of that month's service fees in addition to any other outstanding balances that may exist. The signed client does NOT reserve the right to initiate the suspension of a service agreement under any condition.
7. Copyright and Content Release Notes
Upon the completion of a web design package, the signed client agrees to include the provided copyright footmarks and water notes as they appeared upon the design's release, and reserves the right to use the purchased web design for their own needs while giving proper credit to it's author, Brian Martinson. However, by purchasing the said web design package, the signed client does not own the intellectual property that is associated with it. Brian Martinson reserves the right, at all times, to reuse and redistribute parts of the completed web design package (i.e. scripts, images, code, etc.) in other web designs for personal and commercial uses.
Also, upon the release of a web design package, Brian Martinson does not guarantee the web design will perform perfectly across all browsers. Brian Martinson attempts to make each design as fully cross-browser compatible as possible, however it is nearly impossible to do so for all browsers.
8. Expenses
The signed client agrees to reimburse Brian Martinson for any of the following expenses necessary in the completion of the work: (i.e. Fonts, Proofs, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation). Excessive, or last minute, changes based on client input will result in the extension of the deadline as seen fit by Brian Martinson and are subject to extra fees. If a dramatic change is necessary within one week of the deadline, Brian Martinson reserves the right to add an additional fee of up to one-hundred dollars ($100) and extend the deadline as seen fit.
MOST RECENT WORK
PDF downlaod and minor revisions comign soon.
1. Authorization
The signed client is engaging Brian Martinson, a sole proprietor, as an independent contractor for the specific purpose of designing, developing, or maintaining a web site, or graphic design. The client hereby authorizes Brian Martinson to access the client's FTP account (if a web design + installation has been included in the client's request), and authorizes the web hosting service to provide Brian Martinson with "write permission" for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project (if a web design + installation has been included in the client's request). The client also authorizes Brian Martinson to publicize their completed web or graphic design to web search engines, as well as other web directories and indexes including this (brianmartinson.com) portfolio page.
2. Confidentiality
Brian Martinson and the signed client may disclose confidential information one to the other to facilitate work under this agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
1. Is already known to the party to which it is disclosed.
2. Is or becomes part of the public domain without breach of this agreement.
3. Is obtained from third parties, which have no obligations to keep confidential to the parties to thisagreement.
Brian Martinson is committed to protecting sensitive information pertaining to the signed client. By agreeing to this legal contract, all client information including, first name and surname, physical address, e-mail address, telephone number, billing information, personal service account number, or any other information which could be used for identification will be protected to the highest degree possible. Information regarding the content and type of service which has been performed (i.e. web design; software; etc.) is, however, available for republication and reference on this portfolio website.
All private information defined above is used in the process of communicating and billing clients. Any gathered information will in no way be used in any other manner or be released to any other persons or organizations. Brian Martinson will not use the name of the signed client, in any advertising or publicity without the prior written approval from the signed client.
3. Details Concerning Web Design Packages
The signed client agrees and understands that Brian Martinson does NOT provide web hosting services, only design and content maintenance services. It is the signed client's responsibility to choose and purchase a web hosting plan and provide Brian Martinson with the proper information (only if the client is requesting the installation of their design package) to carry out the requested work on that said hosting server. If the signed client is unsure about how to go about acquiring a web hosting provider, or simply requests consultation, Brian Martinson will gladly consult the signed client and assist them in purchasing a web server, free of charge. Brian Martinson reserves the right, at all times, to reuse and redistribute parts of the completed web design package (i.e. scripts, images, code, etc.) in other web designs for personal and commercial uses. Brian Martinson, also, does not guarantee the web design will perform perfectly across all browsers, however, he attempts to make each design as fully cross-browser compatible as possible, however it is nearly impossible to do so for all browsers. Package prices listed on brianmartinson.com may vary from the specific fees for the requested package, so please review the fee summary carefully before signing.
4. Payment
With regard to specific one time prices for web design packages, the signed client hereby agrees to make the full payment for the chosen web design package within forty-five (45) days of the deadline. If the full payment of the said package is not fully transacted after the forty-five (45) day period, a one-hundred dollar ($100) penalty fee will be added to the outstanding balance. If the full payment still has not been paid after sixty (60) days of the original signing, the signed client agrees that Brian Martinson has the right to pursue legal action for the missed payment.
With regard to continuous content maintenance service fees, the signed client hereby agrees to make the agreed upon service fee each month and any additional surplus hourly fees that apply every month until both parties agree upon the termination of the service. While employing the content maintenance services provided by Brian Martinson, the signed client agrees to make the flat rate monthly fee each month for any amount of work ranging from zero (0) hours to fifty (50) hours. If the amount of content maintenance work exceeds the maximum fifty (50) hours, the signed client agrees to pay the agreed upon surplus hourly fees in addition to the flat monthly fee. If the amount of work for a given month's maintenance service will exceed fifty (50) hours, the signed client will be contacted via email. After sending the said email, the signed client will have five (5) days to request the additional work not be done (voiding the additional hourly surplus fee for that specific work). All payments for the continuous content maintenance service provided by Brian Martinson must be made within fifteen (15) days of the end of the month. If the full payment of the said service charge is not fully transacted after the fifteen (15) day period, a fifty dollar ($50) penalty fee will be added to the outstanding balance. If the full payment still has not been paid after thirty (30) days of the end of the month (in which the service charges apply), the signed client agrees that Brian Martinson has the right to pursue legal action for the missed payment.
All payments must be made in United States Dollars (USD), and can be made in cash or via check; payable to Brian Jost Martinson. Electronic payment is currently not accepted (this includes credit cards, debit cards, paypal, etc.).
5. Package Termination
If the signed client requests to cancel their order of a specific web design package before it's due date, the signed client agrees to pay sixty percent (60%) of the total bill (including all additional expenses) within thirty (30) days of the termination request. If the termination payment of the said package is not fully transacted after the thirty (30) day period, a one-hundred dollar ($100) penalty fee will be added to the outstanding balance. If the termination payment still has not been paid after forty (40) days of the original signing, the signed client agrees that Brian Martinson has the right to pursue legal action for the missed payment.
If Brian Martinson requests to cancel the signed client's package order before it's due date, the signed client will not be responsible for making any payments. Brian Martinson reserves the right to cancel any order at any time at his choosing without the risk of legal or financial consequences.
6. Service Termination
If the signed client requests to terminate the continuous content maintenance service provided by Brian Martinson, they agree to pay the service charge which applies for the month in which the termination request is received by Brian Martinson and any other outstanding balances for previous months within fifteen (15) days of the agreed termination of the service. If the full payment of the said service charge is not fully transacted after the fifteen (15) day period, a fifty dollar ($50) penalty fee will be added to the outstanding balance. If the full payment still has not been paid after thirty (30) days of the end of the month (in which the service charges apply), the signed client agrees that Brian Martinson has the right to pursue legal action for the missed payment.
If Brian Martinson requests to terminate the continuous content maintenance service, the signed client is only responsible for fulfilling any outstanding balances and for fifty percent (50%) of the current month's fees. Payments must be made in the same deadlines as described in the first paragraph of this section. Brian Martinson reserves the right to terminate any service agreement at any time at his choosing without the risk of legal or financial consequences.
Brian Martinson reserves the right to suspend any service agreement for a given amount of time at any time at his choosing without the risk of legal or financial consequences. If a service agreement is suspended for an entire month's time period, the signed client is not responsible for paying the fees of that month only. If the service agreement is suspended for less than a month, the signed client is only responsible for paying fifty percent (50%) of that month's service fees in addition to any other outstanding balances that may exist. The signed client does NOT reserve the right to initiate the suspension of a service agreement under any condition.
7. Copyright and Content Release Notes
Upon the completion of a web design package, the signed client agrees to include the provided copyright footmarks and water notes as they appeared upon the design's release, and reserves the right to use the purchased web design for their own needs while giving proper credit to it's author, Brian Martinson. However, by purchasing the said web design package, the signed client does not own the intellectual property that is associated with it. Brian Martinson reserves the right, at all times, to reuse and redistribute parts of the completed web design package (i.e. scripts, images, code, etc.) in other web designs for personal and commercial uses.
Also, upon the release of a web design package, Brian Martinson does not guarantee the web design will perform perfectly across all browsers. Brian Martinson attempts to make each design as fully cross-browser compatible as possible, however it is nearly impossible to do so for all browsers.
8. Expenses
The signed client agrees to reimburse Brian Martinson for any of the following expenses necessary in the completion of the work: (i.e. Fonts, Proofs, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation). Excessive, or last minute, changes based on client input will result in the extension of the deadline as seen fit by Brian Martinson and are subject to extra fees. If a dramatic change is necessary within one week of the deadline, Brian Martinson reserves the right to add an additional fee of up to one-hundred dollars ($100) and extend the deadline as seen fit.
MOST RECENT WORK
