Web Experts Website Designers “Users Agreement”
This User Agreement for Website Design & Hosting Services (the “Agreement”) is immediately effective, between :WEB EXPERTS WEBSITE DESIGNERS (the “Provider”),a company registered and existing under the laws of the Republic of Trinidad & Tobago, with its head office located at: Level 2, Invader’s Bay Tower, B.H.P Billiton Building, Port of Spain AND:(the “Client”), see agreement, a company registered and existing under the laws of the Republic of Trinidad & Tobago, For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows:
THIS USER AGREEMENT governs the terms of the use by the Client of services offered by WEB EXPERTS WEBSITE DESIGNERS(“the Provider”).The Client agrees to receive access to the Provider virtual server services according to the following terms and conditions:
1.DEFINITION OF DUTIES
The Client acknowledges and agrees to the terms & conditions under this Agreement are for Web Site Design & Hosting Services made available by Provider. Provider is responsible for Client site, maintenance,changes,modifications, content,scripting, or programming, However, site change/s can be made by the provider once submitted by electronic mail by the client.
The client hereby retains Provider and Provider hereby agrees to provide website hosting for Client according to the terms listed in the Agreement.
3.PAYMENT FOR SERVICES
(A) Client will pay for services provided under this Agreement by invoices submitted to Client by Provider. When initiating service, Customer will be charged the published set-up fee for the service plan selected, as well as a prorated partial month charge according to the service plan for the number of days remaining in the calendar month from the time of initiation of the service until the end of the month in which service is initiated.
(B) On or about the first day of every month thereafter, the Client will be invoiced for monthly or yearly payment for services according to Provider’s published schedule, If this Agreement is terminated on some day other than the last day of the month, the Client will be obligated to pay the monthly service plan charge for the month in which the service is terminated. Provider shall provide detailed invoices and shall maintain, and provide, upon request, back-up documentation for a period of one year from the date of the respective invoices.
(C) Unlimited changes can be made by the client via their secure login platform. We “The Provider” can assist in making changes provided that the changes is sent via e-mail and can take up to 5 business days with a content limit of 300 words and 6 images per month. Changes or Features can be made or added only if it is available via the software or server. Additional changes can be made at an additional cost should it exceed 300 words or 6 images.
(D)The shopping cart feature is powered by a third party software or application. The Provider can add up to 10 Products at no additional cost only if the product images and details are sent via email. Additional charges may apply for more products or services. The Terms & Conditions for use of the shopping cart is solely at the discretion of the app provider. The provider is not connected to or affiliated with any third party app,software,html code or any other related matters.
(E) Company logos, artwork must be submitted via email to have it added to your website. Web Experts does not design logos, images or do artwork, this can be done from a third party then submitted to us via email. Minimum content up to 300 words and 6 images is done with the Website. The Client shall make full payment for services within thirty days of invoice. Provider imposes service or late fees for any account that is more than 30 days past due. At 30 days past due, the account will be locked. Locked accounts will be unlocked only upon receipt of all payments due in addition to a unlocking service fee of $250.00TT Dollars.
This Agreement shall commence on the date stated above, and shall remain in effect until all obligations under this Agreement have been properly completed, Either party to this Agreement may terminate this Agreement with or without cause by providing at least thirty days, written notice to the other party. If either party is in default under this Agreement (including non-payment), then the non defaulting party may also immediately terminate the Agreement without prior notice to the other party. This Agreement will automatically renew for a successive 12 month period unless cancelled in writing prior to the monthly or yearly renewal date. Upon Termination, Cancellation or Expiration, all Setup/Design Fees, Subscriptions or other costs are Non-Refundable by the provider and cannot be exchanged, credited or transferred for any other products or services.
5.COMPLIANCE WITH THE LAW
The Client shall use the services offered by the Provider in a manner consistent with all applicable local,state/provincial and federal law and regulations both offline and online. The Client is responsible for all content, images, videos, posts and other related services. The Client should only use content, images, videos,blogs or posts or other related services that has no copyright infringement laws.
6.PROHIBITION OF PUBLICATION OF CERTAIN MATERIAL
Customer shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous, defamatory or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings. Due to the public nature of the Internet, all material submitted by the Client for publication will be considered publicly accessible. Provider does not screen in advance Client’s material submitted to Provider for publication, Provider’s publication of material submitted by the Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
7.LIMITATION / DISCLAIMER OF LIABILITY
(1)The Provider is not liable for protection or privacy of electronic mail or other Information transferred through the Internet or any other network provider or method in which clients may utilize.
(2)Provider does not represent or warrant that the Client will receive continual and uninterrupted service during the term of this Agreement. In no circumstances shall Provider be liable to Client for any damages resulting from or related to any failure, downtime or delay of services under this Agreement. If such delays or failures are due to strikes, riots, fire,inclement weather, acts of Gods, theft or vandalism or other causes beyond Provider’s control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
The Client agrees to defend, indemnify and hold The Provider harmless from and against any and all claims, losses, liabilities and expenses (including lawyer’s & other legal fees) related to or arising out of the services provided by Provider to Customer under this Agreement, including without limitation claims made by third parties (including Customers of Client) related to any false advertising claims, liability claims for products or services sold by Clients. Claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Customer for publication by Provider, but excluding those related to the negligence of Provider.
9.RESALE OF PROVIDER’S SERVICE
Provider does not allow, approve nor authorize Client to act as a “reseller” of the services provided by Provider to the Client. Client’s obligations shall apply and all claims made against Provider which arise out of the unauthorized resale of Provider’s services.
10.IP ADDRESSES / DOMAIN NAME/S
Provider maintains control and any ownership of any and all IP numbers, domain name/s and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers, domain name/s and addresses.
Provider is not responsible for Client’s files residing on Provider’s servers. Client is solely responsible for independent backup of data stored on Provider’s servers.
12.WARRANTIES BY PROVIDER
The Provider represents and warrants to the Client that it has the experience and ability to perform the services required by this Agreement, that it will perform the said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement ; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state/provincial and municipal law, However, Client will not determine or exercise control as to general procedures or formats necessary to these services meet Client’s Satisfaction, Design & Setup fee are non-refundable or transferable and is applicable to all plans and packages offered.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at [PLACE OF EXECUTION] on the date uploaded or signed.