Website Content Maintenance Terms and Conditions
Website Content Maintenance Terms and Conditions for Lichti International, Inc.'s Clients
The purpose of these Website Content Maintenance Terms and Conditions (hereafter referred to as the "Terms") is to precede a longer-term contract arrangement under which Company will provide Web Hosting services on behalf of Client.
In consideration of the mutual covenants set forth in these Terms, Customer and Client hereby agree as follows:
Subject to these Terms, Company will provide Website Content Maintenance Srvices for Client subject to the following terms:
a) Length of Service.
Client agrees to an initial twelve (12) month, or otherwise mutual agreed upon, contractual term of service. The length of contract required is based on the type of service desired by Client and shall be determined solely by Company.
b) Service Start Date.
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
c) Renewal by Client.
These Terms will automatically renew for successive twelve (12) month term, or a prior agreed upon term, unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Clients account.
2. End User Pricing and Website Content Maintenance Compensation.
End User pricing and Website Content Maintenance Compensation is as mutually agreed upon price + applicable taxes and is subject to change at the sole discretion of Company at renewal of Terms.
3. Terms of Payment.
Terms of payment are C.O.D. unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 14 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days. If payment is in arrears for more than 60 days a 10% Late Fee applies per month there after.
4. Early Termination Fee
If we terminate your service for nonpayment or other default before the end of the Terms Commitment, or if you terminate your service for any reason other than (a) in accordance with the cancellation policy; or (b) pursuant to a change of terms, conditions or rates, you agree to pay us with respect to each website assigned to you, in addition to all other amounts owed, an Early Termination Fee in the amount specified in this document. The Early Termination Fee will be the full amount of your Service Commitment minus the amounts that you have already paid. The Early Termination Fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the Terms Commitment.
5. Proprietary Information.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of these Terms, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchant ability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Clients own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to prorate monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
8. Trademarks and Copyrighted Material.
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
9. Transfer of Contract.
Client may not assign or transfer these Terms, in whole or in part without the prior written consent of Company. In the event that Client contemplates whole or partial sale of its business, ownership change, or change in jurisdiction, Client shall notify Company by mail or email no less than 60 days prior to the effective date of the event.
Company may terminate these Terms at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of these Terms upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, these Terms, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of these Terms by Client.
If any provision of these Terms is held to be unenforceable, the enforce ability of the remaining provisions shall in no way be affected or impaired thereby. These Terms shall be governed by and construed in accordance with the laws of the State of New York. Exclusive jurisdiction and venue shall be in the Wayne County, New York Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in these Terms shall not operate as a waiver of any such right or power.
AFTER YOUR TERMS COMMITMENT, THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL EITHER PARTY GIVES NOTICE PURSUANT TO THE TERMINATION PROVISION IN THIS DOCUMENT.
We are looking forward to meeting you and attending to all your internet needs. Please give us a call at 315.553.2287