End User License Agreement BY using this service you certify that you agree to the terms of this CONTRACT.
Definition of terms SHRINKING WORLD: Shrinking World Solutions, a Limited Liability Corporation,
located at 2325 42nd Ave, Greeley, CO 80634 CLIENT: ___________________________________________________________________ Located at ________________________________________________________ ISP: Shrinking World Solutions CONTRACT: This agreement and its attachment(s) as listed below. ATTACHEMENT(s): “Web site deliverables”.
Authorization The above named CLIENT is engaging SHRINKING WORLD as an independent contractor for the specific project of developing and/or improving a World Wide Web site to be installed on the CLIENT’s Web space located on an ISP’s computer. The CLIENT hereby authorizes SHRINKING WORLD to access the ISP account, and authorizes the ISP to provide SHRINKING WORLD with any necessary “write permissions” for the CLIENT’s Web page directory, cgi-bin directory, and any other directories or programs that need to be accessed for this project. The CLIENT also authorizes SHRINKING WORLD to publicize its completed Web site to Web search engines, as will as other Web directories and indexes. Warranties SHRINKING WORLD represents and warrants to the CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent, and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this contract shall not infringe upon or violate the rights of any third party or violate any federal, state, and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT’s satisfaction. Web site products and hosting Standard web site development The standard web site development as defined through SHRINKING WORLD is as follows: E-mail/phone consultation. (Initial planning/development consultation is free.) Up to two hours total general internet orientation, education, marketing strategy, and web design consultation. Telephone long-distance charges are in addition to rates quoted. Travel expenses as required by the CLIENT are also additional. Mileage is at a rate of $0.50 per mile and travel time is at an hourly rate of $100. A web site based on the Joomla (open-sourced Content Management System). Up to six web pages – for example, Home, Opportunities, Strengths Gifts, Terms of Use, Resources, Stories. Text: Draft text shall be supplied by the CLIENT and posted directly on the web site. The CLIENT will maintain their own textual content. Links: Pages will have an average of about 4 external links per page. Graphics: CLIENT will supply banner graphic (JPG 150x635 pixels) and any other custom graphics in electronic format. Themes: CLIENT will choose between 3 standard themes selected by SHRINKING WORLD. Revisions: A maximum of two revisions of the draft site will be included at no extra cost. Further revisions will be billed at the normal hourly rate of $100. Minor update and changes to existing pages for web site (includes up to a half-hour per page total, subject to the limits outlined below). CLIENT will be responsible for moving any existing site to the new hosting location. SHRINKING WORLD will provide services to move existing content for an hourly rate of $100.
Standard web site hosting The standard web site hosting as defined through SHRINKING WORLD is as follows: As an world wide web service provider, SHRINKING WORLD provides a shared server that is integrated into the internet. This server computer will send and receive information as related to the world wide web. The CLIENT will be connected to and utilize the hardware and software facilities of SHRINKING WORLD to establish an internet web site. Domain name search and advice. If a domain name is needed for the web site, SHRINKING WORLD will suggest appropriate names and do a search to ascertain the availability of those names. The determination of a domain name’s availability through the domain name registry does not guarantee it will still be available at the time of registration. Domain name registration or transfer. If needed, SHRINKING WORLD will help complete the necessary forms to register or transfer a domain name as selected by the CLIENT. Although SHRINKING WORLD will submit forms to register a requested domain name in a timely fashion, SHRINKING WORLD does not guarantee the availability of any domain name. The sending of spam, Unsolicited Bulk E-mail (UBE), is not permitted on accounts hosted be SHRINKING WORLD. Web site hosting runs from the beginning of this contract for a period of three months (known as quarterly) at which time it will be automatically renewed for each subsequent quarter under the same agreement and cost set forth in this contract.
Fees SHRINKING WORLD will execute this web site design as specified by the CLIENT requirements as terms of this CONTRACT and incorporated in this CONTRACT. Unless specified otherwise in the ATTACHMENT, this web site includes up to six web pages. In case the CLIENT desires additional standard web pages beyond the original number of page specified above, the CLIENT agrees to pay SHRINKING WORLD an additional $100 for each additional web page. Graphics or photos beyond the allowed average of two per web page shall be billed at an additional $100 each. Where custom graphic work (beyond the scope of the “Custom Graphics” detailed above) is requested, it will be billed at the hourly rate of $60. Maintenance The contents for the web page maintenance will be the responsibility of the CLIENT. SHRINKING WORLD will assist the CLIENT in making minor changes to the page structure and performing maintenance tasks on the web site and web hosting account. Major changes to the web site will be assessed at the hourly rate of $100, and are not included as part of this CONTRACT. Payment All services agreed to in this CONTRACT shall be sold for the price specified at the end of this document. Payment shall be by cash, PayPal, check, or money order, in U.S. dollars, and made payable to “Shrinking World Solutions”. Payment terms Unless otherwise stated in the “Payment” document attached to this agreement, the following standard terms apply. A minimum deposit of fifty percent (50%) of the design cost and the total amount of hosting is required to commence work. The site will then be put online on a draft directory of the CLIENT’s ISP or of SHRINKING WORLD for the CLIENT’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. The quarterly web hosting time frame begins when the initial deposit is made and the draft site is put online. Payment for the site must be made in full before the site will be moved to the main directory of the CLIENT’s ISP. Marketing of the site in the top ten search engines and directories will occur only after the final payment is made. Completion date SHRINKING WORLD and the CLIENT must work together to complete the web site in a timely manner. Much of this depends on receiving the appropriate image and text from the CLIENT. We agree to work expeditiously to complete the web site in a professional and timely fashion. Assignment of project SHRINKING WORLD reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. SHRINKING WORLD will be responsible for the final results of the project. Additional expenses CLIENT agrees to reimburse SHRINKING WORLD for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, etc. Additional services Any revisions, additions, or redesign CLIENT wishes SHRINKING WORLD to perform not specified in this document shall be considered “additional” and will require a separate Agreement and payment. Copyright and trademarks The CLIENT represents to SHRINKING WORLD and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SHRINKING WORLD has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend SHRINKING WORLD and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT. Age CLIENT certifies that she or he is at least eighteen years of age. Limited liability CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive of unethical use of the Web Hosting Service for Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, and harassing and harmful material or uses, any illegal activity or material advocating illegal activity, and any infringement of privacy or libel. CLIENT hereby agrees to indemnify and hold harmless SHRINKING WORLD from any claim resulting from CLIENT’s publication of material of use of those materials. CLIENT hereby agrees to indemnify and hold harmless SHRINKING WORLD in any claim resulting from the submission of illegal materials. If SHRINKING WORLD shall acquire an Internet domain name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against SHRINKING WORLD for any loss, damage, claim, or expense arising out of of in relation to the registration of such domain name in any online or off-line network directories, membership lists, or registration list, or the release of the domain name from such directories or lists following the termination of the providing of this service by SHRINKING WORLD for any reason. Under no circumstances, including negligence, shall SHRINKING WORLD, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, of consequential damages that result from the use of or an inability to use SHRINKING WORLD’s services; or that result from mistakes, omissions, interruptions, deletion, or loss for files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, of unauthorized access to SHRINKING WORLD’s services. Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses, and causes of actions whether in CONTRACT, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount that CLIENT paid during the term of this CONTRACT and any reasonable attorney’s fee and court costs. Indemnification CLIENT agrees that it shall defend, indemnify, save and hold SHRINKING WORLD harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees (“Liabilities”) asserted against SHRINKING WORLD, its agents, clients, servants, officers, and employees, that may arise or result from any service provided of performed of agreed to be performed or any product sold be CLIENT, its agents, employees, or assigns. CLIENT agrees to defend, indemnify, and hold harmless SHRINKING WORLD against Liabilities araising out of injury to person of property caused by any products or services sold or otherwise distributed in connection with SHRINKING WORLD’s service, any materials supplied be CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product shich CLIENT has sold from the web site SHRINKING WORLD has designed. Laws affecting electronic commerce The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend SHRINKING WORLD and its subcontractors from any claim, suit, penalty, tax, or tarrif arising fro the CLIENT’s use of Internet electronic commerce. Copyright of web pages Copyright to the finished, assembled work of the web pages produced be SHRINKING WORLD is owned by SHRINKING WORLD. Upon final payment of this CONTRACT, the CLIENT is assigned rights to use as a web site the design, graphics, and text contained in the finished, assembled web site. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. SHRINKING WORLD and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. Authorship credit CLIENT may select that SHRINKING WORLD includes a byline and link on the bottom of their web page establishing authorship credit. This byline is upon agreement by both CLIENT and SHRINKING WORLD and must be removed at any time upon written request be SHRINKING WORLD. Nondisclosure SHRINKING WORLD, its employees, and subcontractors agree that, except as directed by the CLIENT, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever. Cancellation In the event that work is postponed or cancelled at the request of the CLIENT by registered letter, SHRINKING WORLD shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this CONTRACT. If additional payment is due, this shall be payable within thirty days of the CLIENT’s notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by SHRINKING WORLD and SHRINKING WORLD shall own all rights to the work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment. Refund Policy If the CLIENT applies by a registered letter for a refund within fifteen (15) days of signing this CONTRACT, work already completed shall be billed at the hourly rate of $60 and deducted from the initial payment. It the work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed at the hourly rate of $60. Arbitration Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this CONTRACT shall be submitted to binding arbitration before the Joint Ethics Committee of a mutually agreed-upon Arbitrator pursuant to the rules of American Arbitration Association. The Arbitrator’s award shall be final, and judgement may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award or judgment in favor of SHRINKING WORLD. Payment of fees In order for SHRINKING WORLD to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $15 charge if payment is not received within ten days of the due date. If an amount remains delinquent thirty days after its due date, an additional five percent (5%) penalty will be added for each month of delinquency. SHRINKING WORLD reserves the right to remove web pages 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. This CONTRACT becomes effective only when signed by SHRINKING WORLD. Regardless of the place of signing of this CONTRACT, the CLIENT agrees that for purposes of venue, this CONTRACT was entered into in Weld County, Colorado, and any dispute will be litigated or arbitrated in Weld County, Colorado. Please pay on time. Entire understanding This CONTRACT constitutes the sole agreement between SHRINKING WORLD and the CLIENT regarding its Web Design Service. It becomes effective only when signed be both parties. This CONTRACT shall be governed and construed in accordance with the laws of the State of Colorado. The parties agree that if any part, term, of provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby. BY using this service you agree to the terms of this CONTRACT on behalf of his or her organization or business.
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