- Parties. This agreement is between SE Web Solutions
( PROVIDER ) and the party as specified in the application
( CLIENT ) .
- INTERNET
Services only. This agreement covers
INTERNET services only. Not covered by this agreement
are hardware, communication lines, web design services,
software development services and/or software licenses
although the provider can sell those to the client subject
to a different contract.
- Price
change. PROVIDER has the right to change the price
of the services at any time with 30 days notice.
- Start
of services. The Services will be activated usually
the same or next working day provided that the CLIENT
has everything needed to be on the Internet. A schedule
will be provided otherwise. The Schedule for line installation,
domain activation, equipment and software setup and
services activation is an estimate only.
- Quality
of Services. PROVIDER will make the best efforts to
provide quality and uninterrupted services.
- Fees.
CLIENT agrees to pay a setup fee, a monthly fee, an
usage fee (if any), and a web traffic fee (if any).
The setup fee and first month fee is due upon sign
up. PROVIDER will present a fee schedule to CLIENT
before sign up. SE Web Solutions requires a
30 day advanced notice for cancellations of all dedicated
services including but not limited to: DSL, Colocation,
Dedicated Servers, Dedicated Line, etc.
- Collateral.
CLIENT's servers, equipment and/or web content, will
be used as collateral for unpaid bills. Such servers,
equipment and content will not be released until CLIENT
pays his bills and/or penalties in full.
- Late
Payment. CLIENT agrees to pay a one time penalty of
6% of the amount due plus $10 per month for delayed
payments.
- Billing
information updates. CLIENT agrees to provide to PROVIDER
any changes to the billing information promptly. Billing
information includes but is not limited to credit card
info, address, phone, checking account info.
- Policies.
CLIENT understands that services are subject to immediate
termination without compensation for non-compliance with
the policies. Furthermore, CLIENT will be responsible
for the full amount of any tangible and intangible damages
such non-compliance may cause. PROVIDER reserves the
right to change the policies to reflect the dynamic nature
of the Internet. Both policies are available on-line
at any time or as a hard copy by request only.
- Indemnification.
CLIENT shall indemnify, defend by counsel reasonably
accepted by PROVIDER, protect and hold PROVIDER harmless
from and against any and all claims, liabilities, losses,
costs, damages, expenses, including consultants' and
attorneys' fees and court costs, demands, causes of
action, or judgments directly or indirectly arising
out of or related to the web hosting and other services
provided by PROVIDER to the CLIENT.
- Account
sharing. CLIENT agrees to keep his account information
confident. PROVIDER shall not be responsible for lack
of privacy, large overtime bills or any other consequences
of account sharing. Sharing of unlimited accounts is
not allowed. PROVIDER will cancel without any compensation
any unlimited account used by more than one user at
one time.
- Unlimited
usage accounts . All unlimited usage accounts are subject
to the following restrictions: A/ they are for personal
use only. B/ any kind of reselling, sharing, service
providing to other parties, public use, hook up of
servers, use of software for purposes other than regular
Internet browsing etc. is strictly prohibited. C/ violators
accounts will be upgraded without notice to a metered
plan or canceled without compensation.
- Right
of refusal . PROVIDER has the right to refuse services
to anyone.
- No
solicitation . CLIENT agrees not to approach PROVIDER’s
employees with proposals to hire them as his own employees
or contractors. If CLIENT were to hire any of PROVIDER’s
employees, CLIENT agrees to pay PROVIDER for each employee
thus hired the greater amount of: three years salary
for that employee as CLIENT is to pay such employee or
$200 000.
- LIMITED
LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA,
PHONE BILLS, COMMUNICATION LINES BILLS, LOSS OF PRIVACY,
DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON
PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER
TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY
OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE
REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.
FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE
INTERNET. IT WILL BE THE CLIENT'S RESPONSIBILITY FOR
THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS
USAGE.
- No
returns. PROVIDER will not return collected fees for
services except for the 30 day money back guarantee
as outlined below.
- 30
days money back guarantee. PROVIDER will refund all
fees collected for shared hosting services only within
30 days from the initial subscription date only if CLIENT
is not completely satisfied with the service. This does
not include web design, graphics design, consulting services,
web site development, website maintenance fees and/or
any other sevices as described in the SE Web Solutions Warranty Agreement.
- Cut
off period for billing errors. 90 days cut off period
is set for billing error claims. CLIENT agrees that
he has no rights to claim any billing errors for period
earlier than 90 days from the date of the claim. All
bills are final after 90 days.
- Terms.
CLIENT can terminate the services with advance notice
in writing only to the billing department by mail or
e-mail admin@sewebsolutions.com.
CLIENT understands that there will be no reimbursement
and no pro-rate if he decides to terminate the services
before the end of a prepaid term, regardless of the reason
for the termination. PROVIDER can terminate this agreement
at the end of a billing period, with a 30 days notice.
PROVIDER can terminate the agreement immediately without
any compensation if CLIENT does not comply with the "Acceptable
use policy".
Credit card accounts will be automatically renewed unless
notified prior to expiration date of service.
- Entire
Agreement. This Agreement constitutes the entire understanding
and contract between the parties and supersedes any
and all prior and contemporaneous, oral or written
representations, communications, understandings and
agreements between the parties with respect to the
subject matter hereof, all of which representations,
communications, understandings and agreements are hereby
canceled to the extent they are not specifically merged
herein. The parties acknowledge and agree that neither
of the parties is entering into this Agreement on the
basis of any representations or promises not expressly
contained herein.
- Modification.
This Agreement shall not be modified, amended, canceled
or in any way altered, nor may it be modified by custom
and usage of trade or course of dealing, except by
an instrument in writing and signed by both of the
parties hereto.
- Waiver.
Performance of any obligation required of a party there-under
may be waived only by a written waiver signed by the
other party, which waiver shall be effective only with
respect to the specific obligation described therein.
The waiver by either party hereto of a breach of any
provision of this Agreement by the other shall not
operate or be construed as a waiver of any subsequent
breach of the same provision or any other provision of
this Agreement.
- Separability.
If any provision of this Agreement shall be unlawful,
void, or for any reason, unenforceable, it shall be
deemed separable from, and shall in no way affect the
validity or enforceability of, the remaining provisions
of this Agreement, which shall remain valid and enforceable
according to its terms.
- Governing
Law. This Agreement was entered into in the State of
Nevada and its validity, construction, interpretation
and legal effect shall be governed by the laws and
judicial decisions of the State of Nevada applicable
to contracts entered into and performed entirely within
the State of Nevada.
- Authority
to Execute. Each of the parties to this Agreement represents
and warrants that it has full power to enter into this
Agreement and that it hasn't assigned, encumbered,
or in any manner transferred all or any portion of
the claims covered by this Agreement.
- Benefit
of Successors and Assigns. This Agreement shall be
binding upon and inure to the benefit of each of the
parties hereto, and except as otherwise provided herein,
their respective legal successors and permitted assigns.
- Cumulative
Remedies. Except as specifically provided herein, no
remedy made available to either party hereunder is
intended to be exclusive of any other remedy provided
hereunder or available at law or in equity.
- No
Partnership or Agency. Nothing in this Agreement shall
be construed as creating a joint venture, partnership,
agency, employment relationship, franchise relationship
or taxable entity between the parties, nor shall either
party have the right, power or authority to create any
obligations or duty, express or implied, on behalf of
the other party hereto, it being understood that the
parties are independent contractors vis-à-vis
one another.
- No
Third Party Beneficiaries. Nothing contained in this
Agreement, express or implied, shall be deemed to confer
any rights or remedies upon, nor obligate any of the
parties hereto, to any person or entity other than
such parties, unless so stated to the contrary.
- Excused
Performances. Provider shall not be deemed to be in
default of or to have breached any provision of this
Agreement as a result of any delay, failure in performance
or interruption of the Services, resulting directly
or indirectly from acts of God, acts of civil or military
authority, civil disturbance, war, strikes or other
labor disputes and disturbances, fire, transportation
contingencies, shortages of facilities, fuel, energy,
labor or materials, or laws, regulations, acts or order
of any government agency or official thereof, other catastrophes,
or any other circumstances beyond Provider's reasonable
control. In the event of any such delay or failure, the
parties shall defer performance of the Services to a
date and time mutually agreeable.
- Captions.
The section headings and captions contained herein
are for reference purposes and convenience only and
shall not in any way affect the meaning or interpretation
of this Agreement.
- Gender.
Where the context so requires, the masculine gender
shall include the feminine or neuter, and the singular
shall include the plural and the plural the singular.
- Recitals.
The recitals above set forth are incorporated herein
by reference.
- Arbitration.
Any dispute arising under this agreement shall be resolved
by binding arbitration in the city of Las Vegas and
under the rules of the American Arbitration Association.
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If you have any questions about this Policy, please
contact us at:
E-mail: admin@sewebsolutions.com.
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