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Sesran Site Solutions

Electronic Publishing Terms & Conditions

The following agreement is by and between Sesran Site Solutions ("Sesran") and Web Design Client ("Client")

WHEREAS, Sesran is a web site design and Internet publishing company. Sesran offers hypertext markup language (HTML), Perl, JavaScript, and other computer language programming and graphic design services; WHEREAS, Client seeks to utilize Sesran services to develop a web site for his/her own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; WHEREFORE, Sesran can make no guarantee that any given reader shall be able to access Sesran designed pages at any given time. Sesran represents that it shall make every good faith effort to ensure that its designed sites are for as large an Internet viewing audience as possible; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to the terms and conditions as follows;

Financial Arrangements:
  1. Client agrees to provide fifty percent (50%) of the total project estimated cost prior to work beginning on the site's design. Unless other arrangements are stated.
  2. Client agrees to pay remaining fifty percent (50%) balance of project cost in full prior to transfer of site ownership. The site will remain the property of Sesran until the project cost has been paid in full. Sesran reserves the right to remove the site from service until payment has been received in full.
  3. Client agrees to notify Sesran via phone or e-mail if payment will be past due and agrees to pay a one percent (1%) late fee for payments received more than fifteen (15) days past their due date. Client agrees that payments received past thirty (30) days due may result in termination of service, a $50.00 fee, and the outstanding balance to be paid in full.
  4. Client agrees to pay monthly site maintenance fees associated with routine updates to content. Monthly maintenance will automatically renew for successive one- (1) month periods unless canceled in writing prior to the monthly renewal date. Client will receive an invoice for charges and payment is due upon receipt. Renewal of services by Client indicates agreement to Contract revisions.

Content:

  1. Client agrees to provide content for the site’s pages in a soft format. A soft format includes text or word processing files furnished on a 3½ inch IBM compatible storage floppy disk or as an attachment to an e-mail message to Sesran.
  2. Client agrees that if content is provided in hard format via a copy of a page or other hard media that requires scanning to be converted into a sorft format tthat an additional cost will accrue at the cost of $1.00 per scanned page.
  3. Client warrants that it has the right to use the applicable trademarks, if any, of all materials provided to Sesran and grants Sesran the right to use such trademarks in connection with Sesran web site design.
Site Ownership:
  1. Sesran retains ownership of the site’s pages until the total project cost has been paid in full.
  2. Sesran retains the intellectual rights to all hypertext markup language (HTML), computer programming, and graphical design performed within the Clients web site. Upon site transfer and payment in full, Sesran will allow Client to use and replicate the HTML coding for its own lawful purposes.
  3. Client retains ownership of domain names registered through InterNICÒ or other Network Information Centers.
Termination:

    Sesran may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. If the Client fails to comply with the terms of this agreement and we refer the matter to an attorney, the Client agrees to pay all attorney fees. Client also agrees to compensate Sesran for other collection costs and expenses.

Limited Liability:
  1. Client expressly agrees that use of Sesran design services is at Client's sole risk. Neither Sesran, its employees, affiliates, agents, third party information providers, web hosting providers, merchants licensers or the like, warrant that Sesran's service will not be error free; nor do they make any warranty as to the results that may be obtained from the use of the design service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Sesran design service, unless otherwise expressly stated in this Agreement.
  2. Under no circumstances, including negligence, shall Sesran, its offices, agents or any one else involved in creating, producing or distributing Sesran's designed pages be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Sesran designed pages; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Sesran's records, programs or services.
  3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
Lawful Purpose:
    Client may only use Sesran's design services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
Indemnification:

    Client agrees that it shall defend, indemnify, save and hold Sesran harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Sesran, its agents, its customers, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Sesran against Liabilities arising out of (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Sesran's web design services; (b) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement and (d) any defective product which Client sold on or through a Sesran designed site.

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