Webhosting Easy Terms Agreement
Web Hosting Contract – Initial Scope of work deducted on a Monthly Basis
This contract is between SYNNCOM CC (herein known as SYNNCOM CC- and the Customer for the purposes of Web Hosting and web development.
The above-named client is engaging Hosting-webdesign Services (SYNNCOM CC), as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on our web hosting service’s.
Financial Arrangements: The Customer agrees to a twelve (12) month contract, beginning upon commencement of service.
First month payment plus a non-refundable setup charge, if any, shall be due upon receipt of contract.
This agreement will automatically renew for successive twelve (12) month periods for the life of the contract until cancelled in writing. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed monthly for the recurring charges for the life of the contract including any automatic renewal periods.
Initial payment is due with the contract, regardless of the status of domain name application or any other forces beyond the control of SYNNCOM CC .
Clients agree that this contract is binding regardless if the web hosting service is canceled or suspended and initial fees for web development are still payable.
The initial Scope of work amounts to R4704 per year. Deposit Payable is ______ This will be deducted via debit order in 12 equal amounts of ____ per Month.
Taxes: SYNNCOM CC shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using SYNNCOM CC server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
Content and Graphics:
The Customer will provide SYNNCOM CC with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of SYNNCOM CC . SYNNCOM CC shall make no effort to validate this information for content, correctness or usability.
The Customer agrees that he or she has the necessary knowledge to create the Customer's Webspace. The Customer agrees that it is not the responsibility of SYNNCOM CC to provide this knowledge or Customer Support outside of the defined service of SYNNCOM CC . If the the client does not have the needed knowledge to action any web design / server setup you agree to pay for anything other then initial Scope of work signed by both parties, SYNNCOM CC and yourself.
SYNNCOM CC will exercise no control whatsoever over the content of the information passing through the network. SYNNCOM CC makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. SYNNCOM CC also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of SYNNCOM CC is at the Customer's own risk, and SYNNCOM CC specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. SYNNCOM CC expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. SYNNCOM CC specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", SYNNCOM CC may, at its option and at any time, reject this material, including but not limited to after it has been put on SYNNCOM CC Server. SYNNCOM CC agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of SYNNCOM CC . If the Customer fails to modify the material, as directed by SYNNCOM CC , within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
Trademarks & Copyrights: The Customer warrants that it has the right to use the applicable trademarks, if any.
Logos / Graphics and any other graphic elements - If our clients do not have logos and graphics we will gladly design / obtain this for you and will be charged at our logo design /research rate and it is to be looked at as a separate cost from web design.
Photos and other misc. graphic images supplied by client (up to an average of 5 included per page. We accept Colour originals no larger than 600px by 600px in JPG or GIF format. TIFF, EPS or other large format designed for print, will be charged extra, as it is a tedious task to convert such graphics to be web ready.
Updates and web site maintenance.
Minor updates and changes to existing web pages for 1 month, subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages.
Site publicity will be considered as SEO (Search engine Optimisation) and would be a totally separate function and although we do undertake SEO projects, a different SEO contract will apply to the marketing and publicity of your web site.
Feedback or guest book form (Basic CGI program included. Includes up to 20 fields. Extra charges may be incurred - Not included in the package price for sites smaller than 6 pages. This is not included in online stores, since the shopping cart software is a functional equivalent.)
Image Map (XML Sitemap) for internal navigation (Not included in the package price for sites smaller than 6 pages, as smaller web sites do not need this.)
Changes to Submitted Text.
Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at our hourly rate.
Hosting-webdesign Services (SYNNCOM CC) and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than 1 Months after the commencement date.
If the client does not supply Hosting-webdesign Services (SYNNCOM CC) complete text and graphics content of all webpages contracted for within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is complete.
Assignment of Project.
Hosting-webdesign Services (SYNNCOM CC) reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Although every effort is made and reliable servers are chosen, Hosting-webdesign Services (SYNNCOM CC) can not warrant that the functions contained in these webpages or the Internet website on a server other then our own. We, like every other web design company can not control the uptime and functionality of any server, client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with the client. In no event will Hosting-webdesign Services (SYNNCOM CC) be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if Hosting-webdesign Services (SYNNCOM CC) has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Flash and animation
SYNNCOM CC will do small animations of supplied logos or graphics. Entire flash animations, movies, or pages will be charged separately and Flash Developer rates will apply.
Hardware, Equipment & Software:
The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access SYNNCOM CC . SYNNCOM CC makes no representations, warranties or assurances that the Customer's equipment will be compatible with the SYNNCOM CC service.
Hosting-webdesign Services (SYNNCOM CC) will be making use of Open Source Software that we have tested and we are very confident that it should always work. The way we keep our prices as low as they are is due to the fact that we will never claim to develop software when we using existing Open Source Software. Should for any reason any Software (not developed by us) go faulty our clients understand that we then have to get a quote from one of our Developers to re-instate, upgrade or repair the Open Source Software to be the same or better then it previously was. (THIS IS NOT APPLICABLE IN CASES WHERE WE ARE ASKED TO DEVELOP SOFTWARE FROM SCRATCH AS THAT IS REPAIRED AT NO COST AND IT WILL BE OUR CHOSEN DEVELOPERS RESPONSIBILITY)
Age: The Customer certifies that he or she is at least 18 years of age.
The Customer may not use SYNNCOM CC servers for the purpose of Mass Electronic Junk mail. The Customer may not use SYNNCOM CC servers for excessive computation time inappropriate for Internet Web servers. The Customer may not install in her/his account any program which presents a security problem on that server. SYNNCOM CC reserves the right to immediately cancel any service account which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of SYNNCOM CC may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or SYNNCOM CC . All messages transmitted via SYNNCOM CC should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.
The Customer may not run any software, applications, or other processes on SYNNCOM CC servers without the express written permission of SYNNCOM CC .
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. SYNNCOM CC will not accept terminations over the telephone. Notwithstanding the above, SYNNCOM CC may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. SYNNCOM CC reserves the right to charge a reinstatement fee. *Note in a case where the initial Scope of work was agreed on between SYNNCOM CC and the client to be debited monthly via debit order, cancelation or termination of this contract, will not affect outstanding fees and this will still be payable.
The Customer expressly agrees that use of SYNNCOM CC Server is at the Customer's sole risk. Neither SYNNCOM CC , nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that SYNNCOM CC Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the SYNNCOM CC Server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall SYNNCOM CC, its officers, agents or anyone else involved in creating, producing or distributing SYNNCOM CC Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the SYNNCOM CC Server service; 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 unauthorised access to SYNNCOM CC records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on SYNNCOM CC Server service.
Notwithstanding the above, the Customer'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 the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.
Lawful Purpose The Customer may only use SYNNCOM CC Server 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 The Customer agrees that it shall defend, indemnify, save and hold SYNNCOM CC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against SYNNCOM CC , 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 the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless SYNNCOM CC against Liabilities arising out of
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with SYNNCOM CC Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and
(iv)any defective product which the Customer sold on the SYNNCOM CC Server.
Contract Revisions Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of SYNNCOM CC . Services as specified in Section I. Financial Arrangements.
The Customer may not transfer this agreement without the written consent of SYNNCOM CC . E-mail/phone consultation & any form of training. This includes general Internet orientation education, Web design consultation. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.)
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
The undersigned agrees to the terms of this agreement on behalf of his or her organisation or business
Posted in Terms & Conditions