You, the Client, is engaging On The Brink Designs, 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 On The Brink Designs to access this account, and authorizes the Hosting Service to provide On The Brink Designs 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 On The Brink Designs 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.
All 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. Detailed plan descriptions are available online at http://www.onthebrinkdesigns.com/manage.
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. On The Brink Designs 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 On The Brink Designs in an electronic or scannable format.
Unless otherwise agreed in writing by On The Brink Designs, 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 On The Brink Designs.
On The Brink Designs, 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 On The Brink Designs confidential. The Client must not disclose any of those materials to any third party without the prior written consent of On The Brink Designs.
On The Brink Designs, 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 On The Brink Designs to another party.
The Client agrees that the Client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend On The Brink Designs and its subcontractors from any claim, suit, penalty, tax or tariff arising from the Client's exercise of Internet electronic commerce.
The Client may terminate this Agreement at any time by notifying On The Brink Designs or call 206.251.2055. On The Brink Designs 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 On The Brink Designs.
Your free trial will expire after thirty (30) days. If you wish to cancel our site management services, please complete the cancel form online at http://www.onthebrinkdesigns.com/manage/cancelFreeTrial.html, or call us at 206.251.2055. 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 On The Brink Designs of cancellation. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added, compounding every 30 days of delinquency. After 45 days of delinquency, On The Brink Designs 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 Seattle, Washington, U.S. and any dispute will be litigated or arbitrated in Seattle, Washington, U.S.