THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN BELOW SIGNED ("CLIENT") AND ANDREW RICHARDSON (“COMPANY”). CLIENT AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY SUBSEQUENT MODIFICATIONS POSTED ON THIS INTERNET WEBSITE OF THIS AGREEMENT OR TO CANCEL
Company will provide Client
services described in Company’s most recent online agreement, price lists and web pages.
Client changes to system software or hardware without company consent,
shall void all warranties and company liabilities.
Client is responsible for paying all hourly consulting charges and expenses company provides for client at current rates. Client is solely responsible for Client’s personal use of the resources made available through Company. Client shall provide all equipment required to use Company. Client is responsible for maintaining backups of all information, including website, email passwords and security. Company is not liable if information is lost or unable to be restored. Client shall not use Company or Company resources in a manner that is libelous, defamatory, obscene, infringing, illegal or in violation of Company's use policy. Client may not use the e-mail system to send unsolicited mail or Usenet postings. Client shall not abuse the system, the Internet or its resources as per current Federal and locally applicable laws.
PayPal preferred and Visa, MasterCard, Discover or American Express may be used through the PayPal site. Company may require prepayments for hardware or other requests. Client shall promptly notify Company of any changes to the billing account, including, change of contact information or cancellation of credit card or subscriptions. Failure by Client to pay amounts on due date or rejection of any credit card charges may result in interruption or termination of Company’s services. Service fees of $45 per missed payment and interest accruing at the rate of 25% per month on the outstanding balance until such amount is paid in full. Client agrees to pay all expenses incurred by Company in the collection of any past due amounts. Payment is due upon delivery, sending of email bill, as needed or requested by company. Client grants company the right to accept terms and/or conditions from third parties on behalf of Client and understands that charges for services and all additional items will be billable to Client. Client agrees to communicate with Company prior to disputing any charges with Client's credit card.
All manufactures warranties apply
, all sales are final and no returns or refunds unless otherwise noted in writing.
Client shall indemnify and hold harmless Company from and against any liabilities
, expenses (including attorneys’ fees) and damages arising out of any claims based on Client’s use of Company’s services, including any claim of libel, defamation, unfair competition, violation of rights of privacy or publicity, infringement of any intellectual property rights or any other claims.
: Client’s billing cycle will commence on the activation date set by company and Client will be billed monthly or upon delivery thereafter at the prevailing rates. Client website hosting fee shall be billed prior to the beginning of each month and may include additional usage fees from prior months if usage exceeds the services provided in the applicable usage plan described in Company’s online website hosting price list. Hosting client’s initial billing will consist of the set up fees plus first month’s usage fees. Prepayments plans are due on an annual basis 30 days prior to due date. Client allows domain name management and ownership rights to Company to register renew and manage as deemed necessary by Company.
Client’s account may be terminated by (1) Client giving 30 days written notice (2) By Company if Client fails to abide by the terms of this Agreement, including failure to pay amounts when due (3) by Company at the discretion of Company. Client requested termination will be effective at the end of the next billing cycle, charges and fees may apply. Company may withhold services and Client information until final payments are received.
NO WARRANTIES AND LIMITATION OF LIABILITY.
COMPANY’S SERVICES ARE “AS IS”. COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING CONTENT, GOODS OR SERVICES PROVIDED AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF CLIENT'S USE OF OR INABILITY TO USE COMPANY SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
This Agreement shall be governed by and interpreted in accordance with the laws of the County of Washington, State of Oregon, USA.