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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 shall maintain ownership and configuration of all domain names reserved by Rochester Web Design that are associated with 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 $25.00 per hour. Requested changes will be completed within 5-7 days after customers payment is received by Rochester Web Design. 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.
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