| |
Parties.
This agreement is between JollyMoon.com (Provider) and the party
as specified in the on-line application (Customer). |
|
| |
|
|
|
| |
1 |
This
agreement covers the website design and maintenance services only. |
|
| |
|
|
|
| |
2 |
The
flat fee website design services include your choice of template. These are discounted
services based on pre-designed set of about 1,000 templates in about
40 categories. CUSTOMER has the right to choose from any of the
pre-designed templates or available resources. However, the discounted price doesn't include
any customizations or modifications to the chosen template. |
|
| |
|
|
|
| |
3 |
If
Customer decides to order any website designs, software applications, website
programming, or other additional modifications on a full custom basis, customer will need
to pay per hourly fee. The hourly rate is $60/hour. The estimate might
not be accurate, it is only an estimate. Customer pays per actual hours not per estimate.
Customer may set limits and the work will stop when the limit is
reached. |
|
| |
|
|
|
| |
4 |
Approximate
turnaround time for each plan is 15 to 30 days depending on the
work estimate and selected services. Program starts after the Customer submits all of the website content
to Provider. |
|
| |
|
|
|
| |
5 |
Provider
offers standard "add on" features at flat rate. Customer
agrees to pay such flat rate for the feature "as is".
If Customer requires additional features he agrees to pay for the
extras on per hour basis. The hourly rate is $60/hour. |
|
| |
|
|
|
| |
6 |
Customer
has the option to subscribe for web site maintenance services. Maintenance
plans vary depending on the needs of the Customer. The maintenance
plans and the monthly fees are listed in the website. |
|
| |
|
|
|
| |
7 |
Customer
agrees the text and logo "Website Design by: JollyMoon.com" to be
placed at the bottom of each and every web page designed by Provider, in an unobtrusive manner
but completely visible.
|
|
 |
| |
|
|
|
| |
8 |
JollyMoon.com
is the owner of the Copyrights of all designs respective to web pages. Customer is the copyright
owner of the content (text, pictures, etc.). |
|
| |
|
|
|
| |
9 |
If
CUSTOMER makes an on-line, paperless subscription for the services.
CUSTOMER acknowledges that all the information he submits on-line
is true and correct to the best of his knowledge. CUSTOMER agrees
that the act of submitting his subscription form on-line is equivalent
to his/her signature, which is legal and binding. |
|
| |
|
|
|
| |
10 |
PROVIDER
has the right to change the price of the services anytime without
further notice. |
|
| |
|
|
|
| |
11 |
Services
will start within 48 hours after Customer submits the content and
signs this agreement. |
|
| |
|
|
|
| |
12 |
Provider
will accept all reasonable communication like e-mail, Postal Service,
fax, etc. for content submission. It is Customer's responsibility
to provide all the content in a timely manner. |
|
| |
|
|
|
| |
13 |
Provider
will do its best to provide the best possible professional quality.
After the home page is designed and approved by Customer, provider
will start building the following websites according to Customer's
instructions. Customer's approval deems customer's satisfaction and
there is no refund for the approved web design works.
Customer is allowed to request changes to their web design up to 5
times for free. Any changes that are requested after the
initial five requests are subject to a $60 per hour rate. The
time required to complete these changes may increase turnaround time
of the project, depending on the types of changes requested. |
|
| |
|
|
|
| |
14 |
CUSTOMER
agrees to pay for the services the fees as specified at the web
site in full when this agreement is signed and executed by both
parties. |
|
| |
|
|
|
| |
15 |
PROVIDER
will deliver (install) the design to a valid web address instructed
by Customer. |
|
| |
|
|
|
| |
16 |
Customer
agrees to accept the design within 3 business days after the notification
of delivery. Mechanical errors can be reasons for non acceptance
(rejection). Examples: missing pages, broken links, missing content,
etc. If Customer does not respond within 3 business days after the
notification, this work will be considered accepted. |
|
| |
|
|
|
 |
| |
17 |
This
agreement is terminated upon the acceptance of the design work by
the Customer. For a customer who has purchased a maintenance plan, the agreement
still exists. In this case the Agreement will remain in full force
as long as Customer has his maintenance account current. |
|
| |
|
|
|
| |
18 |
LIMITATION
OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL PROVIDE BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, SERVERS GOING OFF-LINE OR BEING UNAVAILABLE FOR ANY
REASON WHATSOEVER, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
OR FOR ANY DAMAGES RESULTING FROM THE CORRUPTION OR DELETION OF
ANY WEB SITE FROM ONE OF PROVIDER'S INTERNATIONAL SERVERS, IN EXCESS
OF PROVIDER'S LIST PRICE FOR A LICENSE TO THE WEB DESIGN SERVICE
AND DOCUMENTATION, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE
CUSTOMER'S RESPONSIBILITY FOR THE USAGE OF HIS CONTENT AND ANY CONSEQUENCES
OF THIS USAGE. |
|
| |
|
|
|
| |
19 |
Customer
agrees to release, indemnify, and hold Provider and its contractors,
agents, employees, officers, and affiliates harmless from all liabilities,
claims and expenses, including attorneys fees, resulting from your
publications or use of illegal, abusive or unethical materials.
|
|
| |
|
|
|
| |
20 |
This
Agreement constitutes the entire understanding and contract between
the parties and supersedes any and all prior and contemporaneous,
oral or written representations, communications, understandings
and agreements between the parties with respect to the subject matter
hereof, all of which representations, communications, understandings
and agreements are hereby canceled to the extent they are not specifically
merged herein. |
|
| |
|
|
|
| |
21 |
This
Agreement may be modified upon mutual agreement of the parties.
All
modifications, amendments, and new agreement between the parties
shall be in writing, signed by both parties. |
|
| |
|
|
|
| |
22 |
If
any provision or term (or portion thereof) of this Agreement is
held to be invalid,
void or unenforceable, the remainder of the provisions shall remain
in full force and effect and shall in no way be affected, impaired
or invalidated. |
|
| |
|
|
|
| |
23 |
The
right and obligations of each of the parties hereto may only be
assigned or delegated with the written consent of the other party. |
|
| |
|
|
|
| |
24 |
This
Agreement and the legal relationship between the parties shall be
governed and
construed in accordance with the laws of the states of the United States Of America. |
|
| |
|
|
|
| |
25 |
Except
as specifically provided herein, no remedy made available to either
party hereunder is intended to be exclusive of any other remedy
provided hereunder or available at law or in equity. |
|
| |
|
|
|
| |
26 |
No
Partnership, agency or employment relationship are generated between
the parties due to this agreement. |
|
| |
|
|
|
| |
27 |
This
Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute
one and the same instrument. |
|
| |
|
|
|
| |
28 |
Arbitration.
Any dispute arising under this agreement shall be resolved by binding
arbitration of the American Arbitration Association. |
|
 |
| |
|
|
|
| |
|
The foregoing
is agreed to by: |
|
|
| |
|
By Provider |
By Customer |
|
| |
|
Company |
Company |
|
| |
|
Title |
Title |
|
| |
|
Signature |
Signature |
|
| |
|
Date |
Date |
|