|
This agreement constitutes the entire contract
between Rochester Web Design and the customer for the agreement described herein
and supercedes all prior understandings, oral or otherwise, between the
parties. The parties intend to be legally bound by the terms of this agreement
as stated herein.
TERMS A. Customer hereby applies for the services described herein. Subject to the payment terms described herein. B. Rochester Web Design reserves the right to change rates and any other term in this agreement or terminate this agreement upon 30 days written notice to customer. Customer shall have the right to terminate this agreement if any such change is not acceptable upon written notice to Rochester Web Design within the 30 day period. If customer does not so notify Rochester Web Design, such change will be deemed agreed to by both parties. C. Customer agrees to pay Annual charge for hosting services to Rochester Web Design upon signing this contract. D. In the event that payment is not made or made late by the customer in accordance with the conditions of this contract, Rochester Web Design reserves the right at any time without notice to customer, to cancel or reject all or any of the services which is the subject of this agreement. Rochester Web Design reserves the right to cancel credit granted to any customer at any time, with or without cause. E. If any invoice is not paid in accordance with its terms, there shall be added thereto and made an integral part thereof a late charge at the rate of $25 per month for each month or fraction of a month, that such balance becomes or remains unpaid, plus all costs incurred in collection, together with attorney's fees of 30% of such unpaid balances. F. Customer agrees to be liable and to indemnify Rochester Web Design for all sales, service or other taxes which are not collected at the time of payment, but which are ultimately determined to be payable in connection with this agreement. G. Rochester Web Design's obligations under this agreement may be terminated by Rochester Web Design if customer fails to pay any amount when due. H. It is the customers responsibility to supply all materials for their Website, (pictures, menus, logos, or any other images, graphics or text) to Rochester Web Design within 30 days of signing this contract. I. All phases of the sale and services must be completed within 30 days of signing this contract (see paragraph D.) J. Rochester Web Design is not responsible for Search engine optimization, submission or ranking of clients website. K. Rochester Web Design is not responsible for any changes, updates or additions to any Website after the initial 30 day period. Fees for any other changes, updates or additions will depend upon the amount of work requested. The minimum is $60.00 per hour (in increments of 10 minutes rounded up). Charges will be calculated and billed to reflect the following: Time researching or gathering information, pictures or text. Time on the phone with customer pertaining to their web services. Time working on images, text files, uploading or downloading any information or any other files pertaining to customers web services. Requested changes will be completed within 3-5 days after customers payment is received by Rochester Web Design. Text updates must be requested through our online response form at: http://www.rochesterwebdesign.com/contact.htm. You must include the customer name, Domain Name, and phone number. L. By signing this document the customer agrees to purchase one of the four Web packages with a minimum of one year hosting services included. M. Rochester Web Design does not guarantee URL forwarding or Email forwarding. This is a separate entity, that is not part of Rochester Web Design's service. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF ROCHESTER WEB DESIGN'S LIABILITY A. Rochester Web Design makes no warranties, express or implied, with respect to results customer may obtain through services supplied by Rochester Web Design. B. Rochester Web Design shall not be liable to customer for delays in publication, damages resulting from failure to include all or any items of published Web site. C. Customer agrees to notify Rochester Web Design within 30 days of any errors or for any requests for changes of any kind for any reason after customer signs this contract. COPYRIGHT AND TRADEMARKS A. Customer assumes sole responsibility for the protection of it's copyright in any writing, pictorial illustration, maps, etc. included in it's Web site. B. Customer warrants that he has the right to use any trademark, trade name or service mark in the manner and in accordance with the information submitted. Customer further warrants he has the right to use any name, portrait, picture or illustration shown in the information submitted. Customer agrees to give notice in writing if he should cease to have such right. C. Customer agrees to defend, indemnify, and hold Rochester Web Design harmless from and against any and all liability, claims, demands, suits or causes of action, whether or not attributable to its negligence, and will pay all expenses, including attorney's fees incurred by Rochester Web Design in the defense thereof, arising out of the publication of any trademark, trade name, service mark or any portrait, picture or illustration in accordance with this agreement. D. We will place an unobtrusive link at the bottom of your home page reading: Powered By Rochester Web Design. SEVERABILITY If any paragraph or portion of this agreement is declared invalid under local law, it is only to that extent to be omitted, and all other Terms and Conditions of this agreement shall remain in full force and effect. BILLING/REFUND POLICY 1.0 Account Payment A. Payment Methods Rochester Web Design accepts payments by personal check, company check, money order and Major Credit Cards through Pay Pal. All funds must be payable in US dollars. Rochester Web Design does not accept international checks in foreign currencies. Payment for services by check must be received 2 weeks prior to renewal dates to avoid interruption of service. B. Returned Check Fee In the event that a check is returned, service will be immediately suspended and customer will be sent a suspension e-mail allowing seven (7) days to rectify the situation. If within the seven (7) days the customer fails to pay all service fees, including a $25.00 reactivation fee and a $25.00 returned check fee, customer's account will be permanently cancelled. Such cancellation does not relieve client's obligation for payment under the terms of the hosting agreement. Cancellation includes the removal of all files on the account. In the event of a charge back, Rochester Web Design will immediately suspend all services to client until such time as full payment is received in addition to a $25.00 charge back fee and a $25.00 account enable fee. 2.0 Late/Non-Payment A. Late Check/Non-Payment If payment has not been received by the date of renewal of an account, the account will be suspended without exception. Upon suspension, Rochester Web Design will send an e-mail suspension notice to customer. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $25.00 will be assessed for reactivation. The reactivation fee is non-negotiable. If payment, including reactivation fee, is not received within seven (7) days of account suspension, the account will be permanently cancelled. This includes the removal of all files that may remain, but does not alleviate client's payment obligations under the hosting agreement. 3.0 Cancellation Policy A. Requesting an Account Cancellation A cancellation will only be accepted if it is done by the following method: The customer must submit his/her virtual authorization by requesting cancellation online using our response form at - http://www.rochesterwebdesign.com/contact.htm. The request must include the following information: 1.Customer Name 2.Business Name 3.Domain Name 4.Reason for canceling 5.Phone Number All account cancellations must be received in the above manner at least fourteen (14) days in advance of the date of renewal. Accounts cancelled with less than fourteen (14) days notice shall be cancelled at the end of the next term. B. Results of a Cancellation When a cancellation request is made, Rochester Web Design will immediately remove all configuration information as well as all contents of the account on the date of the next renewal of the account. Customer may request immediate cancellation if so desired Rochester Web Design will remove all files. This may include unread e-mail left on the server. 4.0 Refund Policy Each of Rochester Web Design's Web packages carries a 30-day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the annual service fee's paid. Requests for cancellation of services and refund must be submitted in writing by E-mail, (phone requests will not constitute acceptance of any cancellation) and it must be received by us prior to the close of business on or before the 30th day of service and your account must be paid in full. No refunds are available after the 30th day. In the event Rochester Web Design elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this agreement without cause, there shall be NO REFUND of any remaining balance. This policy does not apply to any additional services not specifically mentioned herein. 5.0 Keeping Billing Information Current A. Updating Your Billing and Contact Information You can update your billing or contact information changes online at http://www.rochesterwebdesign.com/contact.htm. You must include the customer name, business name, Domain Name, and phone number along with new billing information. B. Out-of-Date Records Periodically it may become necessary for Rochester Web Design to contact the customer. If the information provided to us is not current, it may lead to the customer failing to receive notices. The customer is solely responsible for keeping all personal and billing information current at all times. Rochester Web Design is not responsible for actions that are taken as a result of a customer's failure to respond to Rochester Web Design's notices. 6.0 Taxes A. Customer Liability Rochester Web Design shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from customer. Customer is solely responsible for all taxes and fees of any nature associated with Rochester Web Design products and service. 7.0 Updates A. Fees for any changes, updates or additions will depend upon the amount of work requested. The minimum is $60.00 per hour (in increments of 10 minutes rounded up). Charges will be calculated and billed to reflect the following: Time researching or gathering information, pictures or text. Time on the phone with customer pertaining to their web services. Time working on images, text files, uploading or downloading any information or any files pertaining to customers web services. Requested changes will be completed within 5-7 days after customers payment is received by Rochester Web Design. Text updates must be requested through our online response form at: http://www.rochesterwebdesign.com/contact.htm. You must include the customer name, Domain Name, and phone number. RENEWING YOUR WEBSITE ANNUALLY To cover Hosting fees, Domain renewal fees, Domain forwarding and configuration and Email forwarding and configuration, there will be an annual customer fee for renewing your website depending on which package you have. The fees are as follows: Economy Plan - $49.00 per year / Standard Plan - $99.00 per year / Business Plan - $149.00 per year / Advanced Plan - $199.00 per year. Payment Methods Rochester Web Design accepts payments by personal check, company check, money order and Major Credit Cards through Pay Pal
|