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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:
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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:
- Sesran retains ownership
of the site’s pages until the total project cost has been paid in full.
- 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.
- 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:
- 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.
- 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.
- 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.