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Small Business Website Design Service and
Maintenance Agreement
This Small Business Website Design Service and Maintenance
Agreement ("Agreement") is entered into by and between The
Center for Technology, Enterprise, and Development the (TED
Center) and you and your heirs, agents, successors and assigns
(collectively, "You"), and is made effective as of the date of
electronic execution. This Agreement sets forth the terms and
conditions of Your use of Small Business Website and its related
services (collectively, the "Services") and represents the
entire agreement between You and the (TED Center) concerning the
subject matter hereof. By using the Services, You acknowledge
that You have read, understand, acknowledge and agree to be
bound by all the terms and conditions of this Agreement, along
with any new, different or additional terms, conditions or
policies including, but not limited to, the Universal Terms of
Service that the (TED Center) may establish from time to time,
in its sole discretion, and any agreements that the (TED Center)
is currently bound by or may become bound by in the future. Such
Agreements may be found at www.tedcenter.org/agreements. All the
(TED Center) Small Business policies and agreements related to
Your use of the Services are incorporated herein and made part
of this Agreement by reference.
Domain Name Registration
If the (TED Center has paid for the registration of Your domain
name and You cancel Your Small Business Website Design Services
and Maintenance, You have the option to either: i) Agree to be
charged $400 to decommission the web site and transfer
registration to a new hosting company or, ii) Relinquish domain
ownership to the (TED Center) and pay no cancellation fees. You
must notify the (TED Center) in writing via email or fax of your
decision within 60 days of cancellation. Otherwise option ii
will become effective as your final and irrevocable decision.
Design Services
Depending on the level of service purchased, the (TED Center)
will create a custom web site tailored toward Your reasonable
expectations. The service will include an initial interview,
presentation of the initial design and customers will receive 30
days of unlimited design updates and of site update revisions.
the (TED Center) will require all content copy and high quality
images for inclusion in your custom site. Requests for
additional design updates or site updates beyond the first 30
days will result in additional hourly design fees based on our
number of additional hours worked minus the 30 minutes included
in the Maintenance Agreement. All material must be supplied in
an electronic file format and transmitted to the (TED Center)
electronically via email or file upload. Files that are too
large to be transmitted electronically can, by prior
arrangement, be delivered on a CD to our facilities via any
standard shipping carrier. Content can, by prior arrangement, be
faxed or sent to our facilities in hard copy format. Content
delivered in hard copy format may incur additional fees for
electronic conversion. The (TED Center)is not responsible for
delays in custom website completion due to delays in the receipt
of shipped items. The (TED Center) in their sole discretion, may
require you to re-submit images should they determine that the
images are not of high enough quality. The (TED Center)will not
begin construction of Your website until all requested
materials, payments, and assurances of rights have been received
from You. All materials provided should be copies and not original material. The (TED Center)will not return any materials
provided by You in the design process. Failure to provide such
material within thirty (30) days from request will result in
cancellation of Your work order. No credits or refunds will be
given for such cancellation. The (TED Center)will strive toward
your satisfaction, but does not guarantee that all of your
requests will be satisfied if they are unreasonable or unable to
be accomplished within the scope of the Services. Your
publication of the website is acknowledgement of Your
satisfaction with the Services and releases The (TED Center)
from any obligation for further revisions or alterations. No
credits or refunds shall be given for any reason including
dissatisfaction with the design created.
Custom Website Service
The Services are dependent upon Your active subscription to the
Small Business Website Design Service and Maintenance. During
the design period, You must maintain your subscription. Failure
to maintain this subscription will result in termination of the
design process. Cancellation of this service within six months
of purchase will incur an early termination fee, the amount to
be determined by the level of service. Recurring billing for
your Small Business Website Service and Maintenance plan will
begin the date of purchase. Cancellation of the service will not
entitle you to a refund for prior months' service. The Services
are not transferable to other hosting accounts other than the
account initially associated with the Services during the
initial purchase. If You purchased custom page layout design
services, the page layout design will be done prior to the
website design. If You cancel the custom page layout design
service prior to work commencing, You will be entitled to a
refund. If You cancel the custom page layout design service
after work has commenced, You will incur a termination fee. You
may apply a custom page layout design to multiple custom website
service websites for a fee of $150 per additional webpage. If
you apply a custom page layout design to additional website
service accounts, the template will be applied as-is with no
additional changes. You may not apply a custom page layout
design to any hosting account other than a custom website
service account.
Legal Agreements
You acknowledge that You have entered into the Small Business
Website Design Service and Maintenance End User License
Agreement. You further acknowledge that You and The (TED
Center)have entered into a Hosting Service Agreement ("Hosting
Agreement"). You agree to be bound by these agreements and all
policies and procedures as posted on its web site.
Limitations
The (TED Center)strives towards creating a website that meets
your expectations. However, The (TED Center)does not guarantee
that expectations will be met if requests are unreasonable or
unable to be completed within the scope of the Service. Every
step of the Service requires Your feedback. Failure to provide
timely and reasonable feedback may delay or frustrate completion
of the Service. The (TED Center)is not responsible for
additional fees, time, or expenses incurred because of delays
caused by lack of reasonable feedback, including Your failure to
initiate the process. Should You fail to initiate the creation
process by not responding to the initial request for interview
within thirty (30) days, Your account will be considered
inactive and the Service will terminate. No refunds or credits
will be given for termination due to Your failure to respond to
the initial request for interview or any feedback requests.
Should You delay feedback for more than thirty (30) days Your
unpublished website may be archived and will require additional
activation fees to recover.
You are responsible for maintaining the security of Your
account. The (TED Center)shall not be liable for any revisions
or changes made by Your or any person gaining access to Your
account. Any revisions requested to fix such changes shall be
made in The (TED Center)sole discretion and then only upon
payment of additional fees.
The (TED Center)reserves the right to refuse any direction to
create a web site that exploits children, contains pornography
or other tasteless images, contains copyrighted or trademarked
materials of others or infringes on the intellectual property
rights of another, harasses, defames or slanders another or for
any other reason that BluTree Media Group, Inc., in their sole
discretion, decides. The (TED Center)has the right, but not the
obligation, to back up or archive Your custom website prior to
publication.
The Services, the resulting product and all copies belong to The
(TED Center)The Services, the resulting product and all copies
are copyrighted and are protected by United States copyright
laws and international treaty provisions with all rights
reserved. The (TED Center)grants You an unrestricted license in
the website and any products resulting from the purchase of the
Services for the duration of Your Small Business Website Design
Service and Maintenance subscription. Cancellation of Your Small
Business Website Design Service and Maintenance subscription for
any reason terminates Your license to the website and all
products resulting from the purchase of the Services. You agree
to prevent any unauthorized copying of the Services or resulting
products. The (TED Center)does not grant any express or implied
right to You under The (TED Center)patents, copyrights,
trademarks, or trade secret information. The (TED Center)may
display screen shots of the resulting product online, in
marketing materials or in other manners in The (TED Center)sole
discretion.
Maintenance and Alterations After Publication.
Maintenance Services
The (TED Center)will provide a maintenance service plan of
thirty (30) minutes of allocated time for the performance of
maintenance and update services per billing month or cycle. If
the minutes are not used in the applicable month, they will not
be carried over to the next month. Should the requested
revisions or updates take longer than the allotted time
available under Your service plan, You may purchase additional
time allotments in thirty (30) minute increments. Purchased time
allotments are assigned to a predetermined billing month and may
not be carried over to the next billing month. No refunds or
credits will be issued for time allotments not used within the
prescribed time. The (TED Center)will require all content copy
and high quality images for inclusion in your custom site. All
material must be supplied in an electronic file format and
transmitted to The (TED Center)electronically via email or file
upload. Files that are too large to be transmitted
electronically can, by prior arrangement, be delivered on a CD
to our facilities via any standard shipping carrier. Content
can, by prior arrangement, be faxed or sent to our facilities in
hard copy format. Content delivered in hard copy format may
incur additional fees for electronic conversion. The (TED
Center)is not responsible for delays in completion due to delays
in the receipt of shipped items. The (TED Center)in their sole
discretion, may require you to re-submit images should they
determine that the images are not of high enough quality. The
(TED Center)will strive toward your Satisfaction, but does not guarantee that all of your requests will be satisfied if they
are unreasonable or unable to be accomplished within the scope
of the Services. Your publication of the website is
acknowledgement of Your satisfaction with the Services and
releases The (TED Center)from any obligation for further
revisions or alterations.
Availability of Service
Subject to the terms and conditions of this Agreement and each
of The (TED Center)policies and procedures, The (TED
Center)shall use commercially reasonable efforts to attempt to
provide the Services on Monday – Friday, 9am – 5pm EST basis,
excluding holidays, throughout the term of this Agreement. You
acknowledge and agree that from time to time the Services may be
inaccessible or inoperable for any reason, including, without
limitation: (i) equipment malfunctions; (ii) periodic
maintenance procedures or repairs that The (TED Center)may
undertake from time to time; or (iii) causes beyond the
reasonable control of The (TED Center)or that are not reasonably
foreseeable by BluTree Media Group, Inc., including, without
limitation, interruption or failure of telecommunication or
digital transmission links, hostile network attacks, network
congestion or other failures. You acknowledge and agree that The
(TED Center)has no control over the availability of the Services
on a continuous or uninterrupted basis.
Your Obligations
By using the Services, You agree that You are age 18 or over.
The Service is available only to persons who can make legally
binding contracts under applicable law.
You agree that you have the appropriate rights or licenses in
all logos, trademarks or intellectual property supplied by You.
You agree that all requests shall be reasonable in nature and
within the scope of the Service as advertised. You also agree
that You will not use the Service to create a website that
contains the following types of information: (i) personal
information about children without their parent’s consent, (ii)
pornographic or obscene content, as determined by The (TED
Center) in their sole discretion, (iii) tasteless images, (iv)
excessively violent material, (v) links to web sites containing
the serial numbers for unlocking software illegally, (vi)
pyramid schemes, (vii) impersonations of another person, (viii)
encouraging the use of a controlled substance, (ix) selling or
promoting products that are unlawful in the location where the
site is published, (x) advocating, promoting, or encouraging
violence against any person, organization, or the government, or
(xi) links to web pages containing any of the aforementioned
content. You represent and warrant that you will not violate any
law, third party rights, or post any false, inaccurate,
misleading, defamatory or libelous content or statements on your
website.
You also agree to respond to any requests for feedback within
seven (7) days. Failure to respond within thirty (30) days shall
result in a non-refundable cancellation of the Service.
Upon notice that Your website is ready for You to review, within
ten (10) days of such notice, You must: (i) provide The (TED
Center)with Your site update revisions; or (ii) notify The (TED
Center)that You have no revisions. If You do not provide
revisions or notify The (TED Center)that You have no revisions,
Your website will be published on Your behalf.
Upon notice of completion of Your website, within five (5) days
of such notice You must either (i) publish Your website; or (ii)
notify The (TED Center) of Your election not to publish. If You
do not publish Your website or notify The (TED Center)of Your
election not to publish, Your website will be published on Your
behalf.
You acknowledge and agree that once published, all The (TED
Center)obligations under this Agreement have been met. At any
time after publication, You may elect to de-publish Your website
by changing to the 'coming soon' page option.
Limitation of Liability
THE SERVICES AND THE ASSOCIATED SOFTWARE ARE BEING PROVIDED AND
/OR LICENSED "AS IS" The (TED Center)DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS
FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED OR
AUTHORIZED BY LAW WITHOUT LIMITATION OF THE FOREGOING, The (TED
Center) EXPRESSLY DOES NOT WARRANT THAT THE SERVICES OR THE
ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE OF
THE SERVICES OR OPERATION OF THE ASSOCIATED SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE.
IN NO EVENT SHALL The (TED Center)BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA , OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THE SERVICES, EVEN IF The (TED Center) IS AWARE OF OR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You shall indemnify, defend by counsel reasonably acceptable to
BluTree Media Group, Inc., protect and hold The (TED
Center)harmless from and against any and all claims,
liabilities, losses, costs, damages, expense, including
consultants` and attorneys` fees and court costs, demands,
causes of action, or judgments directly or indirectly arising
out of or related to Your use of the services or your breach of
this Agreement.
Rights and Restrictions of BluTree Media Group, Inc.
The (TED Center)explicitly reserves the right and sole
discretion to: (i) modify its pricing, if desired by BluTree
Media Group, Inc.; (ii) establish limits and guidelines
concerning the use of the Services; (iii) terminate Your use of
the Services for use of the Services to unnecessarily or
illegally harass, non-payment of fees for the Services,
activities designed to defame, embarrass, harm, abuse, threaten,
slander or harass third parties, activities prohibited by the
laws of the United States and/or foreign territories in which
You conduct business, activities designed to encourage unlawful
behavior by others, such as hate crimes, terrorism and child
pornography, activities that are tortuous, vulgar, obscene,
invasive of the privacy of a third party, racially, ethnically,
or otherwise objectionable in the sole opinion of BluTree Media
Group, Inc., activities designed to impersonate the identity of
a third party, activities designed to harm minors in any way,
and other activities whether lawful or unlawful that The (TED
Center)determines, in their sole discretion, to be harmful to
their other customers, operations, or reputation; (iv) terminate
Your use of the Services if Your use of the Services results in,
or is the subject of, legal action or threatened or proposed
legal action, against The (TED Center)or any of its affiliates
or partners, without consideration for whether such legal action
or threatened or proposed legal action is eventually determined
to be with or without merit, and (v) terminate Your use of the
Services if You have not responded to requests for feedback. If
The (TED Center)terminates Your use of the Services, The (TED
Center) May, at its own option and in its sole discretion,
remove and destroy data and files stored by You on its servers.
The (TED Center)has no obligation to monitor Your use of the
Services, but reserves the right in its sole discretion to do
so.
Late Payment
You agree to pay a one-time penalty of 6% of the amount due plus
$10 per month for delayed payments. If payment is not received
within 15 days after due date, The (TED Center)has the right to
take web site off-line until payment is received. If payments
are not received within 60 days after due date, The (TED
Center)reserves the right to decommission web site and assume
ownership of Your domain.
Cut off period for billing errors
90 days cut off period is set for billing error claims. You
agree that You have no rights to claim any billing errors 90
days from the date of the claim. All bills are final after 90
days.
Terms
You can terminate the Small Business Website Design Service and
Maintenance Subscription with 48 hour’s advance notice in
writing only to the billing department by mail or email billing@
BluTree Media Group.com. You understand that there will be no
reimbursement and no pro-rate if You decide to terminate the
Services before the end of a prepaid term, regardless of the
reason for the termination. The (TED Center)can terminate this
agreement at the end of a billing period, only with a 48 hour
written notice submitted to billing@blutreemedia.com.
Governing Law.
This Agreement was entered into in the State of Florida and its
validity, construction, interpretation and legal effect shall be
governed by the laws and judicial decisions of the State of
Florida applicable to contracts entered into and performed
entirely within the State of Florida.
Revised: 04/06/2009
Copyright © 2009 The (TED Center)All Rights Reserved.
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