This agreement is in effect as of the purchase of these services between Serving Solutions, hereafter referred to as “Provider” and the purchaser, hereafter referred to as “Client”. This agreement is with respect to the particular service purchased, hereafter referred to as the “Work”. In consideration of the previous premises and the mutual agreement hereafter set forth, both parties agree to the following terms:
The Client and Provider may disclose confidential information one to the other to facilitate work under this agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
- Is already known to the party to which it is disclosed
- Is or becomes part of the public domain without breach of this agreement
- Is obtained from third parties which have no obligation to keep the information confidential
Basic Web Design:
The Work is to design, host, and maintain a website for the Client. Further, the provider will also maintain domain registration. Website design will include an initial design consultation, two proofs throughout the design process, & one redesign opportunity. The website will include up to a combination of twenty basic pages and features. These pages are listed in the website information form. All website content is to be provided by the client within 45 days of the purchase or an additional set-up fee of may apply. The website is provided as a service with both a set-up fee & a monthly fee. Monthly maintenance includes hosting, domain name, & up to two content changes.
Total Web Presence:
The Work is to assist in registration with search engines, certain web services, and keyword optimization of the site. Some web services may require the client to participate in the registration process. If so, client participation is necessary for completion. The purpose of these services is to make the web site more visible on the Internet. The search engines and web services will be at the discretion of Serving Solutions. Monthly maintenance consists of maintaining accurate client information with registered web services & up to two content changes.
Terms of E-Commerce will be included in a separate agreement based on the client’s needs
The Work is to assist in registration with an online merchant account and include payment processing options on the website. This service requires the client to participate in the registration process. Any additional maintenance after 45 days of set-up will be billed as a separate charge.
The Work is to assist in registration and set-up of Google Apps. Apps included in set-up are gmail, docs, and calendar. Additional apps can be installed per quote. Any additional support will be billed as a separate charge.
VoIP is an acronym that stands for Voice over Internet Protocol. This service is a best effort service that relies upon the internet, which is out of the control of Serving Solutions. Under normal circumstances the service will provide a reliable and good quality communication path.
VoIP 911 Service Terms & Conditions
Due to recent pursuant FCC rulings and regulations, all customers who are using VOIP services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.
Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.
Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will go through. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. Serving Solutions will do everything within their power to prevent service outages within its network.
By using Serving Solutions’s Enhanced 911 service, the customer agrees that Serving Solutions, its contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with Serving Solutions is not held liable for emergency calls failing, even if it is determined that it is the fault of Serving Solutions or its associates. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Serving Solutions 911 service of our limitations and make customers agree to not hold Serving Solutions or customer liable.
Customer will be charged a recovery setup fee and a regulatory recovery fee for each phone number submitted to the e911 database. This fee is not refundable.
Services are provided on a pre-paid basis.
Monthly payments are due on the 5th of every month.
Monthly payments are due for a 1 year term, beginning from the first payment. At the end of the year, the contract will continue on a month to month basis, at which time the client can choose to continue or discontinue services.
The Client understands and agrees that those services will be billed on a recurring basis, unless The Client informs us that he wants to cancel any or all of the provided services via written notice. All renewal payments are not eligible for refund and it is sole responsibility of The Client to make sure that his payment information is kept up to date, as well as all invoices are paid on time. Cancellation requests for renewal payments must be submitted thirty days before the renewal date. All payments conducted after this are considered as non-refundable.
Fees & Additional Services:
Changes in client input or direction or excessive redesigns/changes will be charged at $35 per hour. Any work the Client wishes Provider to create, which is not specified in the Description of Work, or advertised services will be considered an additional service. Such Work will be charged separately.
Reservation of Rights
All rights not expressly granted hereunder are reserved to the Provider, including but not limited to all rights in sketches, comps, or other preliminary materials.
Permissions and Releases:
The Client agrees to indemnify and hold harmless Provider against any and all claims, costs, and expenses including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
Copyright is in Provider’s name.
Either party may terminate this agreement by giving 30 days written notice to the other party. If the Client requests termination, the Provider has the right to bill total of monthly charges through the end of the commitment term. The Client also remains responsible for any expenses incurred by the Provider prior to the date of termination. The Client shall assume responsibility for any legal fees necessitated by default in payment.
Backup / Storage Policy:
The Provider will act in a good faith to create a backup copy of each Client’s account couple times of a month, or as frequent as updates are preformed. The Provider reserves the right to exclude certain file formats from the backup procedure, in case they are considered inappropriate, including, but not limited to high definition digital media formats, archive formats, cache formats, databases exceeding 500MB in raw size.
The Client understands and agrees that the Provider cannot and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Client’s data and other content or having an outdated back up copy of Client’s data and other content. The Provider cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc. In these and all other cases the Client will be solely responsible for making and storing his/her own backup copies of the data. The Provider shall not be liable for the time period needed for the Client to restore the backup information to his
account and shall have no obligation to notify the Client in the event that the Client’s account content needs to be restored.
The Client should pay the applicable amount at the time of registration/renewal date. The Provider has the right to change the
prices periodically and The Client will be charged on the new applicable charges for the next billing cycle. Exceptions apply in
case that a Client or group of such have written arrangement with The Provider’s Billing Department.
The Client must hold harmless and risk-free The Provider from any claims resulting from the use of The Provider services.
THE CLIENT AGREES TO THE TERMS OF THIS AGREEMENT ON BEHALF OF HIS OR HER ORGANIZATION OR BUSINESS.