Disclaimers for contract computer purchasing.
All services provided by Image Marketing Services (IMS ) to the Customer are subject to the following terms and conditions. (print online and mail in )
1. Acceptance. A copy of these terms and conditions, along with the "letter of intent" for purchasing and services, must be signed by all new customers at the time of submission of a work release to (IMS - the company ), indicating agreement to and acceptance of these Terms and Conditions.
2. Charges. Charges for services to be provided by (IMS - the company ) are defined in the attached project proposal ( normal 35.00/hr fees apply to add-on requested services). All Web site design services require an advance payment of a minimum of one-half (1/2) of the invoice total before the work is supplied to the Customer for review. The remainder of the invoice total will be due upon completion of the work, as will payment for the first three (3) months or annual fee of any hosting and/or webmaster maintenance services. Third party ( ISP) Internet dial-up or xDSL accounts or hosting payments will be the responsibility of the customer. (IMS - the company ) reserves the right to change the rates for ongoing maintenance and hosting services with thirty (30) days advance notification to the Customer for services not all ready settled. Payment for services is due by cash, check or money order, and should be remitted and payable to Mike Hyland and mailed to: Image Marketing Services (C/O) Mike Hyland, 22900 Pleasant, St Clair Shores MI. 48080.
3. Customer Review: (IMS - the company ) will provide the Customer with an opportunity to review the appearance and art work and content of Web site materials once they are completed. Such materials will be deemed to be accepted and approved unless the Customer notifies (IMS - the company ) otherwise within ten (10) days of the date the materials are made available to the Customer via electronic (FTP, Website review) or conventional means.
4. Turnaround Time. (IMS - the company ) will install and publicly post the Customer's Web pages within a reasonable time to allow for editing and final approval. Normally this is done within three weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer. All ISP and site hosting account information needs to be furnished to the IMS Webmaster for direct posting of HTML and graphics to the customers URL domain name server. Domain name transfer and selection of hosting service must be completed prior to final payment if (IMS - the company ) is to furnish webmastering services.
5. Payment. All web projects reuire a 50% deposit before commencement. Invoices will be provided by (IMS - the company ) for Web site design services, and annually or at three month intervals for hosting and maintenance services. The Customer may elect to receive either e-mail or hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of one and one-half percent (1.5%) per month of the total amount due.
6. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on (IMS - the company ) Web space, IMS will, at its discretion, remove all such material from customers Web hosting space. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Checks returned for insufficient funds will be assessed a return charge of $25 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay (IMS - the company ) reasonable expenses, including attorney fees and costs for collection by third- the companyparty agencies, incurred by (IMS - the company ) in enforcing these Terms and Conditions.
7. Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E- the companymail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Customer will be invoiced for Art, design work and programming completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Legal Restrictions. (IMS - the company ) services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any state or federal statutes and/or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. (IMS - the company ) reserves the right to refuse service to the Customer without providing reason or cause.
9. Copyright. Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants (IMS - the company ) the rights to publish and use such material. Custom artwork and graphic logos designed by (IMS - the company ) for use in the Customer's Web presentation will remain the property of (IMS - the company ); at its discretion, (IMS - the company ) will grant the Customer rights to use such material in formats other than Web presentations. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting (IMS - the company ) permission and rights for use of the same and agrees to indemnify and hold harmless (IMS - the company ) from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Every contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to (IMS - the company ) that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Standard Media Delivery. Unless otherwise specified in the attached project proposal, this Agreement assumes that all text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk or via e- the companymail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg graphics format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although every reasonable attempt shall be made by (IMS - the company ) to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.
11. Licensed Code. The Customer's Web site may include code elements created for the Customer based on "HTML -DHMTL, Java, CGI -Peal 5.0 and other design tools" or techniques and pre-developed code which are the property of (IMS - the company ) or third party software house. This software technology is licensed to the Customer for a one-time fee and is limited to installation and usage by the Customer only on one site of connected documents on one server. Such code may not be distributed, modified or re-licensed without the express written consent of (IMS - the company ) or software developer.
12. Design Credit. A link to (IMS - the company ) will appear in small type at the bottom of each page of the Customer's Web site and where ever copyrighted IMS material appears and the client deems necessary. HTML forms, pages and Java script files are the property of the respective owner. Al logos, trademarks or images displayed on customer pages are used for promotional purposes only, and below to respective owners.
13. Access Requirements. If Customer's Web site is to be installed on a third- party server, (IMS - the company ) must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP or Frontpage extensions. Depending on the specific nature of the project, other resources might also need to be configured on the server. User name and password information will be kept confidential.
14. Right To Pull. By signing this Agreement, the Customer agrees to give (IMS - the company ) "on demand" access to the Customer's installed Web site, and further agrees that (IMS - the company ) shall have the right to remove that site from public posting for failure to adhere to the terms of this Agreement, including violation of any licensing agreements or failure to pay fees duly assessed.
15. Post-Placement Alterations. (IMS - the company ) cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions and e-address changes on CGI forms. Customer is responsible for adding catalog items, prices, photos and quantity available in all shopping cat programs.
16. Indemnity. The Customer agrees to indemnify and hold harmless (IMS - the company ) from any and all claims resulting from the Customer's use of (IMS - the company ) services which cause damage to the Customer or a third party.
17. Disclaimer. (IMS - the company ) makes no warranties of any kind, whether express or implied, for the services or 3rd party software it provides. (IMS - the company ) also disclaims any warranty of merchantability or fitness for a particular purpose. (IMS - the company ) will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non- the companydelivery or interruption in service. The Customer acknowledges and agrees that (IMS - the company ) cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems or ISP services.
18. General. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, save only for any exceptions specifically outlined in the attached project proposal. The Customer's signature below constitutes agreement to and acceptance of these Terms and Conditions. (IMS - the company ) reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of the Customer's pages.
19. Governing Law. This Agreement shall be governed by the laws of the State of Michigan of the United States of America, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law.
I have read and understood the Terms and Conditions for service(s) provided by Image Marketing Services and agree to abide by them.
Authorized Signature: _________________________ Title: _________________________
Company Name: ___________________________________ Date: _______________
Client address : _________________________________________________________
Received by IMS _________________________ Date: __________
Image Marketing Services -the company
22900 Pleasant, St Clair Shores, Mi. 48080
Webmaster Phone number 810- 498-2346
(AOL buddy name -ckcorpmike)
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