PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES:
As it is difficult to fix a price for the growth intended and actually used, the price we may quote is based on the work you described to us as needed. Any additional work, such as, Graphic design, picture editing, page additions or additional updates etc., are addressed in the contract below. We are also available upon completion for additional services such as technical support and content advice such as, domain forwarding, email configuration and any concerns, needs or problems that may arise with regard to your new website.
1. Payments
A 50 % deposit is required prior to posting the web site live. The balance will be billed and due when the agreed work is provided and final publishing of the web site is complete. After that date any other modification to the web site is billed as noted below. Unpaid past due balances will incur a late payment fee of 1.8% per month and may cause the web site to be suspended until such balances are paid in full. No credit or access will be given for hosting time while the web site is suspended due to past due bills.
2. Indemnity
Customer agrees to indemnify and hold DSC and its officers, agents, and employees, harmless from any claims or demands, including any reasonable attorneys’ fees, made by any third party due to or arising out of the Content on your web site. DSC is not responsible or liable for problems with the web site, server, Internet or any component of this service that is beyond our control. All efforts will be made to correct any problems in a timely professional manner as soon as practical.
3. Hosting-Fees
Hosting fees for the first year MAY have been included FREE in our initial price. Upon your completion of the first year, you will be billed for hosting fees annually. Currently fees are 199.99 per year subject to change for regular hosting plans. You are not obligated to continue hosting service with us after the first year. There will be NO refunds for unused hosting should you elect to terminate this agreement prior to the end of any hosting service provided. Should you need a dedicated or shared server, your annual price will be determined based on your needs and billed accordingly.
4. Publishing-Updates
DSC is the owner and operator of the server that hosts this web site. No modifications, updates or any web publishing whatsoever to the server is permitted without prior permission. DSC has sole authority to publish content to the web site / server. WE Charge for this service.
5. Content
NO Pornographic or lewd material of any kind is permitted on your web site. All activities must be legal in the United States of America. Any Misrepresentations may cause suspension of the web site.
6. Copyright
Customer is responsible to obtain copyright permission for any material provided to DSC. DSC is not responsible for any material provided by you that may be copyright protected. This web site is considered a work for hire. Therefore, you will be responsible for and own the rights to use any and all parts of this Web site when the balance is paid in full. DSC maintains the original copyright on any materials we purchased or provided to you for use on your web site.
7. Updates-Charges
1) Hourly Rates include any additional Pages, Theme design, Modifications, installations, coding or scripting, picture editing or specialized extensions, plug in’s or programs needed. Current rates are: $120.00 per hour Prime Time / $95.00 per hour Scheduled in advance.
2) From time to time we may need to purchase items for your use such as Images, Themes, Extensions, Plug in’s or Programs. You agree pay in full any charges billed to us on your behalf in full. We are both obligated to adhere to their policy and should you violate any such agreements, DSC will be held harmless under this contract.
8. Cancellation-Suspension
We reserve the right to terminate your account for activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which you conduct business, any activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, vulgar, obscene, racially, ethnically, or otherwise objectionable in the sole opinion of agent or representative of Demetrios Sales Co., and more specifically for non payment of any invoice.
Customers are invoiced for web hosting accounts or any work required and or provided on a monthly basis and is due 10 days net. Any account that becomes 30 days in arrears shall be suspended and all services including but not limited to your website will be unavailable on the internet or not provided.
When the account becomes 30 days in arrears, the account will be terminated and all services withdrawn including but not limited to your hosting account and website. If you allow your web hosing to expire without payment, or your account to be closed for non payment, additional charges may apply to re-activate your account. You will be required to pay any and all outstanding invoices plus the next hosting period (199.95) and an additional charge of $100.00 to restore your files and re-activate your account. before account will be restored. After 60 days, your files may NOT be available for recovery,
Your payment constitutes your agreement to the above contract. Your account with us is governed by this service Agreement (this “Agreement”) and is entered into by and between Demetrios Sales Co, (“DSC”) and you or to any individual or entity who accepts this Agreement, and is made effective as of the date of the payment. This Agreement sets forth the terms and conditions of the services we provide including but not limited to Graphic Design, Programming, Hosting, SEO Services and any other website services we may offer from time to time. Any payment to your account signifies that you have read, understand, acknowledge and agree to be bound by this Agreement. We reserve the right to, and at our sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our website (this “Site”).
The above provisions constitute our full agreement and are binding; No changes or modifications are acceptable unless agreed to in writing. The failure of DSC to enforce any of the provisions of this agreement shall not be considered a waiver of that provision or the right of DSC to thereafter enforce such provisions. If any provision herein, shall be adjudged invalid or unenforceable by a court of competent jurisdiction. It shall not affect the validity of any other provision in this agreement. DSC is bound to comply with all Federal, State and Local Laws or directives of such offices, which may impose any duty upon it.