GENERAL

You must be of legal age in your place of residence (18 years old or older, in USA and Brazil) to purchase any graphics from NASTYGRAPHIX.
You agree to pay half the total cost of all design projects by NASTYGRAPHIX prior to start date and the remaining half upon completion.
NASTYGRAPHIX reserves the right to withhold your final design until such time as full payment has been recieved and/or payment has cleared the issuing account.
ALL payments must be in the form of either: Paypal, Epassport, Western Union , MoneyGram or Wired Transfer.

GENERAL TERMS AND CONDITIONS

1. Object of the contract:

The account holder, hereinafter referred to as CLIENT, contracts with NASTY GRAPHIX specifically to design, develop and/or modify either: a) a World Wide Web site to be installed on space secured by the client on an Internet Service Provider's (ISP) /Web Presence Provider’s (WPP) computer, hereinafter called “Hosting Service”; b) The CLIENT understands that NASTYGRAPHIX does not provide, in case of a, hosting service in connection with the web design project; the CLIENT assumes all responsability for the use and funcionality of the web design project.

2. Trademarks and copyrights; lawfulness of the images:
The CLIENT represents to NASTYGRAPHIX and guarantees that any elements of text, photographs, graphics, designs, trademarks and other artwork furnished to NASTY GRAPHIX for inclusion in design covered by this agreement 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, indemnify, protect and defend NASTYGRAPHIX from any liability, including attorney’s fees and court costs, and any claim or suit, threatened or actual, arising from the use of such elements furnished by the CLIENT.
All model(s) appearing in images provided for the design must be 18 years of age or older, and the CLIENT affirms that he has, maintains or can gain access to records that confirm the legal age(s) of the said model(s).

3. Design project copyright:

The content specifically requested by the CLIENT and designed under work for hire shall be the intellectual property of the CLIENT once final payment under this agreement and any additional charges incurred have been paid; rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the CLIENT, and remain the property of their respective owners.
NASTYGRAPHIX reserves the right to display all completed designs, as means of advertising its services in its portfolio within this website.

4. Payment:
Fees to NASTYGRAPHIX shall be due and payable on this schedule: 50% upon signing this agreement; 50% when the Web site has been completed, or entire amount at the start, depending on the negotiation between the parts.
Publicity, updates, maintenance or any other hourly work will be undertaken only after final payment for this agreement is made.
If the client leaves the project without the proper payment, before or after the completion,the client will have 3 months to pay the bill (if there is any amount left) and claim the project. After that period, all the material produced in that project will belongs to NASTYGRAPHIX, without any link with the client that previously started the project. The upfront money paid will be retained to cover the costs of the project design and maintenance.
All payments will be in U.S. funds, unless agreed in writing by both parties.

5. Design development:
5.1. General
a) Begin: The website design shall begin when the CLIENT submits to NASTY GRAPHIX all necessary data; all data/images must be submitted electronically. If the client fails providing the proper data, information, specifications of any kind or even the proper aproaval (positive or negative) about the work done, in a period of 3 months after the first payment is done, the project can be terminated and the money shall be kept by NASTYGRAPHIX.
b) Term: The deadline shall be the deadline set forth in the specifications or any other dead line agreed between the parties; the period begins to run from the moment on in which the CLIENT supplies NASTYGRAPHIX with the necessary material; if the CLIENT fails to do so within 3 months since the payment is done, the project will be terminated.
5.2. Webdesign development
a) Concept page:
NASTYGRAPHIX develops first a screenshot image that contains the main idea of the Website (Concept Page); this image has no functionality and is sent for approval by the CLIENT.
Should the CLIENT disapprove the main idea itself, he has the right to demand up to two substantial changes of the Concept Page; this limit does not apply if the changes are of a legitimate nature or caused through the fault of NASTYGRAPHIX; for aditional substantial changes, the CLIENT will be charged an extra fee.
Should the CLIENT approve the main idea, he still has the right to demand non-substantial changes (examples) up to a reasonable number of times; for aditional non-substantial changes, there will be an extra fee.
b) Subpage(s):
After approval of the Concept Page by the CLIENT, NASTYGRAPHIX shall design secundary pages in the format of screenshot images that hold the main idea of the Concept Page (Subpages); these images have no functionality and shall be sent for approval by the CLIENT.
The CLIENT has the right to demand changes of the Subpages up to a reasonable number of times, as long as they comply to the standard of the Concept Page; for aditional changes and changes of other nature, there will be an extra fee.
c) Final Conception Page and completion:
Once the CLIENT approved the Concept Page and the Subpages, he will be given access to the full page in html-format (Final Conception Page) for viewing and final approval; changes that concern details can be demanded up to a reasonable number of times.
After the approval of the Final Conception Page, the design is considered completed.

6. Delivery to client:

After completion and all due payment has been done, the design will be uploaded either: a) to this site; b) or to the CLIENT’s Hosting Service, if he opts to do so.
In case of a, the CLIENT will be given a link to obtain the design, at which time he has 1 (one) year to download it before it is removed from NASTYGRAPHIX’s servers; if it is not retrieved within this one year, the CLIENT will be charged an additional fee to have it uploaded and a new retrieval link will be issued.
In case of b, the CLIENT shall authorize the Hosting Service to provide NASTY GRAPHIX with “full access” to the CLIENT’s web page directory, cgi-bin directory, and any other directories, files, or programs necessary to the completion of the project.

If the CLIENT fail to submits to NASTYGRAPHIX all necessary data (The proper data, information, specifications of any kind, pictures, directions movies, at any content that is required to make the work), the product will not be delivered.

Images must be submitted electronically.

About the work done, in a period of 3 months after the first payment is done, the project can be terminated and the money shall be kept by NASTYGRAPHIX.

The deadline shall be the deadline set forth in the specifications or any other dead line agreed between the parties; the period begins to run from the moment on in which the CLIENT supplies NASTYGRAPHIX with the necessary material; if the CLIENT fails to do so within 3 months since the payment is done, the project will be terminated.

CUSTOMER SATISFACTION POLICIES

Upon completion of your design, you will be sent a screenshot image in which to view the final design for approval. No final payment is required at this time.

In the case of a full website design using rollovers, java, etc. you will be given access to (1) page for viewing and final approval. No other work will be completed any further than this until such time as approval has been given. No final payment is due at this time.

There is no standard rule in instances were you want changes made during the approval period, but such instances WILL BE kept within a reasonable number. NASTYGRAPHIX will not apply numerous changes on the sole reasoning of new ideas on your part each time you are sent a design for approval. However, if the changes are of a legitimate nature or caused through the fault of NASTYGRAPHIX those changes will not be deemed as excessive use of the approval process.

NASTYGRAPHIX holds high standards of seeing your design all the way through to completion and want to provide you with a quality design that meets your approval. Such changes requested during the approval process must be complete and concise in description so that your design goes through a minimal number of changes.