1. AUTHORIZATION
You, the Client, is engaging Blue House
Media USA, as an independent contractor for
the specific website maintenance,
hereinafter referred to as “Site Service
Plan” to be performed on the Client's
account on an Internet Service Provider
(ISP) computer, hereinafter refer to as
“Hosting Service”.
The Client hereby authorizes Blue House
Media USA to access this account, and
authorizes the Hosting Service to provide
Blue House Media USA with “full access” to
the Client’s account, and any other programs
needed for this Site Service Plan that are
included as part of the Client's service
agreement/level.
In no event will Blue House Media USA 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
this Site Service Plan, including any damage
caused by the transmission of viruses.
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.
2. DEVELOPMENT
Service Plans include: content updates to
existing pages, new page creation, site
monitoring, reciprocal link management, and
priority technical support. Content Updates
are defined as making changes to site text,
adding and removing graphics, updating site
links, or updating product information and
shopping cart settings.
Any Website update work that extends
beyond the time allowed in each Site Service
Plan, or any other work requested by the
Client not covered in the Site Service Plan,
will be subject to additional charges at a
cost of $50 per hour, billed in 15 minute
increments. Blue House Media USA
will not perform any of this additional work without prior approval from
the Client.
All update materials required to perform
the agreed upon updates must be given to
Blue House Media USA in an electronic or
scannable format.
3. COPYRIGHT AND
TRADEMARKS
Unless otherwise agreed in writing by
Blue House Media USA, the copyright and all
other rights relating to any Web page or
other Intellectual Property (including
design layouts, graphics, source code,
software, and custom scripts) provided to
the Client will remain the property of Blue
House Media USA
.
Blue House Media USA, upon payment in
full for the Services provided pursuant to
this Agreement, grants the Client a
non-exclusive and non-transferable perpetual
license to use the finished assembled work
of Web pages for the Client's own business
purposes. The Client must hold any software
and other materials provided to the Client
by Blue House Media USA confidential. The
Client must not disclose any of those
materials to any third party without the
prior written consent of Blue House Media
USA
.
4. NONDISCLOSURE
Blue House Media USA, its employees and
subcontractors agree that, except as
directed by the Client, it will not at any
time during or after the term of this
Agreement disclose any confidential
information to any person whatsoever.
Likewise, the Client agrees that it will not
convey any confidential information obtained
about the Blue House Media USA to another
party.
5. ELECTRONIC COMMERCE
LAWS
The Client agrees that the Client is
solely responsible for complying with such
laws, taxes and tariffs, and will hold
harmless, protect, and defend Blue House
Media USA and its subcontractors from any
claim, suit, penalty, tax or tariff arising
from the Client's exercise of Internet
electronic commerce.
6. TERMINATION
The Client may terminate this Agreement
at any time by notifying Blue House Media
USA by submitting a ticket within the
support system. Blue House Media USA may
terminate this Agreement by giving the
Client thirty (30) days notice in writing to
that effect. Any unused update hours will be
refunded to the Client based on the sole
discretion of Blue House Media USA
.
7. PAYMENTS
Your free trial will expire after
thirty (30) days. If you wish to cancel our
site management services, please complete a
support ticket within our support system.
Otherwise, you will be charged the full
service plan cost at the end of your free
30-day trial.
Payments must be made promptly. Invoices
are sent every month. Credit cards are
automatically charged every month until the
Client notifies Blue House Media USA of
cancellation. If an amount remains
delinquent 30 days after its due date, an
additional 10% penalty may be added,
compounding every 30 days of delinquency.
After 45 days of delinquency, Blue House
Media USA
will suspend the Clients account and will not perform further work until
all charges have been paid.
In case collection proves necessary, the
Client agrees to pay all fees incurred by
that process. Regardless of the place of
signing of this Agreement, the Client agrees
that for purposes of venue, this Agreement
was entered into in San Antonio, Texas, U.S.
and any dispute will be litigated or
arbitrated in San Antonio, Texas, U.S. |