These terms are applicable to all clients and customers for all services and projects, including but not limited to Economy Web Design Package, Premium Web Design Package, E-Commerce Web Design, SEO Services, PPC Services, Affiliate Management, E-Commerce Solution Package, Graphic Design and any custom quote we may provide to our clients.

Additional terms relating to hosting, specific packages, Legal Restrictions and additional items can be found here.

1. Acceptance.
All new customers at the time of submission of work to First American Web must sign a copy of these terms and conditions indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions, a copy of which is available via our web site.

2. Customer Review.
First American Web will provide the Customer with an opportunity to review the appearance and content of the Web site during the design and once it is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies First American Web otherwise within five (5) days of the date the materials are made available to the Customer.

3. Guarantee Policy
For the 100% Satisfaction Guaranteed Policy, the customer must inform First American Web about his or her dissatisfaction within these first 5 days of delivery. No further guarantee is offered after this period. In the event of a client expressing discontent in a written letter to our CEO within these first 5 days, a refund of our profit margin will be delivered to the costumer. A full refund is not possible due to the expenses First American Web will incur. For the purposes of this agreement, the refund shall be no less then 30% of the total cost of the project. Custom Refund guarantees can be arranged in writing upon agreement between the customer and First American Web at the time of the purchase.

4. Permission and Copyright
All pages, images, text and code on First American Web's web site at http://www.FirstAmericanWeb.com is copyrighted material.

Client and any visitors to the First American Web's web site at http://www.FirstAmericanWeb.com/ may not use any of the pages, images, text or code on the web site for use on Client's or visitors own web site or to create a web site, templates or Actinic templates without prior written permission from First American Web.

Copyright of the completed web designs, images, pages, code and source files created by First American Web for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with First American Web.

These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one web site without prior written agreement between the Client and First American Web.

Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and First American Web.

Client hereby agrees that all media and content made available to First American Web for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend First American Web from any claim or suit that may arise as a result of using the supplied media and content.

Client agrees that First American Web may include development credits and links within any code First American Web designs, builds or amends. If First American Web designs a web site for a Client then Client agrees that First American Web may include a development credit and link displayed on the Clients web site. If First American Web builds or amends a web site for a Client then Client agrees that First American Web may include a development credit and link displayed on the Clients web page, which may be within the code but not displayed on a web browser if requested by Client.

Client agrees that First American Web reserves the right to include any work done for the Client in a portfolio of work.

5. Material
First American Web reserves the right to refuse to handle:

1. Any media which is unlawful or inappropriate;
2. Any media which contains a virus or hostile program;
3. Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
4. Any media which constitutes a criminal offence, infringes privacy or copyright
5. Any media First American Web in its sole discretion deems inappropriate.

The Client agrees that registration of a domain name does not provide endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. First American Web holds no liability and the Client hereby agrees to indemnify and hold harmless First American Web from any claim resulting from the Client's registration of a domain name.

If domain name is part of a web design package First American Web will anonymously register the domain on behalf of the client. If client wishes to have the domain name registered with the Client's own name, address and contact details he must specifically request this to First American Web. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.

Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.

The Client is not liable to pay First American Web for any normal domain name registrations and the initial set up of the hosting if included as part of the web site build. The Client agrees to pay the monthly fees as soon as required. Any modifications needed to the domain name or hosting services are to be covered by client.

The Client agrees that if at any time their contact details including email address change, it is their responsibility to contact First American Web and update their contact details. Failure to do so may mean that renewal invoices for the domain and hosting services are not received by the Client.

Payment for monthly fees are to be made immediately on receipt of invoice. Failure to comply with the payment terms may result in the Clients domain name becoming available to another party and/or the web site and email services becoming unavailable.

Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which First American Web requires to upload the web site if required as part of a project.

First American Web reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless First American Web from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services.

Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

7. Payment.
Payments must be made promptly. Invoices are sent via email or regular mail and invoices are due upon receipt. Delinquent bills can be assessed a $35 charge if invoice payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty can be added for each month of delinquency. First American Web reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in San Jose, Costa Rica and any dispute will be litigated or arbitrated in San Jose, Costa Rica. Please pay on time. All payments will be made in US $ funds unless agreed upon in writing by both parties. The payment should be made as such

1. By projects equal or under $2,000.00; payment upon order
2. By projects over $2,000.00; 50% upon order and 50% upon publishing.
3. By projects over $6,000.00; agreed in writing a down payment and payments by milestones.

8. Default.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on First American Web's Web space, First American Web will, at its discretion, remove all such material from its web space. First American Web is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Checks returned for insufficient funds will be assessed a return charge of $25 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay First American Web reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by First American Web in enforcing these Terms and Conditions.

9. Termination.
Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. To avoid competitive sabotage, e-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

10. Post Delivery Alterations.
First American Web cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages or digital products once delivered. Such alterations include, but are not limited to additions, modifications or deletions.

11. Nondisclosure.
First American Web and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about First American Web to another party.

12. Standard Media Delivery.
Unless otherwise specified in the project quotation or in our Project Specific Terms, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by First American Web to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.

13. Access Requirements.
If the Customer's Web site is to be installed on a third-party server, First American Web must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

14.Liability and Warranty Disclaimer.
First American Web provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and it's contents, or fitness of services offered for a particular purpose. First American Web cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

First American Web endeavors to provide a web site within given delivery timescales to the best of it's ability. However, the Client agrees that First American Web is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The Client agrees First American Web is not liable for absence of service as a result of illness or holiday time. First American Web has a third party associate who may be able to take on work should there be the need to.

The Client agrees First American Web is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

First American Web is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from First American Web to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, First American Web cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the First American Web has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then First American Web can correct these errors for the Client free of charge.

If after handover of files errors are found in code First American Web has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, First American Web can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.

Should Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, First American Web reserves the right to cancel forthwith any projects and invoice Client for any work completed.

First American Web shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if First American Web has been advised of the possibility of such damages.

There are sometimes laws and taxes which affect Internet E-Commerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend First American Web and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet E-Commerce.com

First American Web may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislation, software releases and web standards. First American Web reserves the right to quote for any updates as separate work. Client agrees First American Web is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold First American Web harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

15. Indemnification.
Client agrees to use all First American Web's services and facilities at their own risk and agrees to defend, indemnify, save and hold First American Web harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against First American Web or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless First American Web against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organization.

16. Privacy Policy.
First American Web and any third party associates shall use information provided by the Client in relation to this agreement in accordance to First American Web's Privacy Policy.

17. Legal Restrictions.
Terms and Conditions relating to hosting account content, specific packages, and usage may be found here.

18. Interpretation.
First American Web reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. First American Web shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of Costa Rica which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by Costa Rican Law and are under exclusive jurisdiction of the Costa Rican Courts.

First American Web reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the First American Web web site at http://www.firstamericanweb.com/termsandconditions.php, http://www.firstamericanweb.com/additionalterms.php.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, the Additional Terms and the Privacy Policy, and agrees to be legally bound by these Terms and Conditions, the Additional Terms and the Privacy Policy.