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AT Web Results - Rockford Website Development
AT Web Results - Rockford Web Site Development
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AT Web Results, Inc., Terms & Conditions for Web Design & Hosting

This document was last updated on 12-24-2007.

1. Schedule.

AT Web Results, Inc. shall begin work on projects within 2 business days of the estimated start date, as stated in the aggreement, as long as the following conditions have been met: The agreement has been signed by you "the client" or approved through the online approval process and a retainer payment is made to AT Web Results, Inc. The retainer payment shall be 50% of the total design and/or set up fees as stated in the agreement, unless otherwise agreed upon in writing by both parties.

2. Payment

The client shall pay 50% of the retainer upon agreement of the terms and conditions of the agreement. The remaining balance is due upon completion of the project. The Design / Setup fee is an estimate, many variables can change this total including but not limited to: changes to the site, additional graphic design work, additional database planning, additional database programming, added features, etc. In most cases this will be foreseeable. You will get an estimated rate to make modifications and your authorization from the email address listed on the agreement will be required. Any additional charges that are either foreseen or not foreseen will become due upon completion of the project. In certain instances AT Web Results, Inc may require addition payments prior to completion of the project that will be applied to the total due. This could happen under the following circumstances: Addition cost to AT Web Results, Inc to secure programs such as Secure Socket Layer (SSL) certificates, Payment Gateways, Shopping carts, to obtain outside contractors, or if we are awaiting information from you "the client" for completion of the project. All other fees and expenses will be invoiced as services rendered. AT Web Results, Inc shall be entitled to charge the Client at its Billing Rate for time spent providing any other services not specified under this agreement. Checks shall be made payable to: AT Web Results, Inc. Or Credit Card payments are accepted at the following web address http://www.atwebresults.com/online_payment.php. The Client agrees to pay outstanding balances within 30 days of invoice date. Payments can be mailed to AT Web Results, Inc. 3960 Shoreood Dr Rockford IL 61101 USA

3. Current Billable Rates


$50/hr US for design, programming, scripting, database planning/configuration. $50/hr US for on-site consulting, training, computer hardware/software repair, networking planning, network administration. For any type of service on site the first hour is billable at $75.00 US this includes the trip charge. AS OF 01/01/2008 due to the increase in fuel cost, any service call outside of 25 miles from downtown Rockford, Illinois will incur a Trip charge of $45.00 US making the first hour billable at $95.00 US

4. Hosting Rates


Managed Hosting packages start out at $14.95/mo US. Please reference your hosting package on your agreement for your billable rate. All managed hosing plans can always be found at http://www.atwebresults.com/hosting.php. All hosting plans are for a 12 month contract term. Managed hosting agreements auto renew on the anniversary date, unless we are notified in writting at least 30 days in advance. Unless additional services are ordered your rates will not increase during the 12 month contract term. Any rate increases for the next contractual cycle will be provided in writing 30 days prior to contract renewal.

5. Contract Termination Fees


Hosting plans $19.95 US and less have a contract termination fee of $50. Hosting plans $19.96 US and greater have a contract termination fee of $100. As well as any outstanding balance.

6. Billing Terms.


All invoices are net payable within 30 days. Failure to pay invoices by due date listed on the invoices will incur a late payment fee of $10.00 US

7. Relationship of Parties.


Both parties agree that the AT Web Results, Inc is an independent contractor. This Agreement is not an employment agreement, nor does it constitute a joint venture or partnership between the Client and AT Web results, Inc . Nothing contained herein shall be construed to be inconsistent with this independent contractor relationship.

8. Content Liability.


AT Web Results, Inc shall not be liable for ensuring that there is not any material, data or information on our server, which we host on your behalf, which is illegal or unlawful, obscene, defamatory or otherwise infringes any third party rights whatsoever. The Client undertakes to secure copyright and other appropriate licenses or consents where necessary for the inclusion of any material, data and information provided to AT Web Results, Inc pursuant hereto to enable AT Web Results, Inc to incorporate such material, data and information into the clients Web site.

9. Copyright.


All media, software, code, script and materials created by the AT Web Results, Inc are property of AT Web Results, Inc and fully protected by copyright law. The Client will be granted limited usage rights as long as their account with AT Web Results, Inc remains in good standing and all debts are satisfied. The Client will be held liable for any unlawful or unauthorized use of any copyrighted materials. The client shall be responsible for any copyright infringement or liability resulting from duplication, use, or editing materials not produced, licensed, or owned by the client. Copyright protected materials include proprietary software, code and scripts written by AT Web Results, Inc or it's affiliates, third parties, or sub contractors.

10. Provision of Information.


The Client undertakes that it will provide or procure the provision of the information, data and material required for the purposes hereof by AT Web Results, Inc in whatever formats and timescales agreed by the parties. The Client will provide ONE contact Person to act as liaison with AT Web Results, Inc and this contact Person will be considered responsible for providing and exchanging all necessary information with AT Web Results, Inc. AT Web Results, Inc is not responsible for time delays or costs/expenses associated with any delays in the exchange of materials and information between the client or any other third party sub contractors assignees.

11. Non Disclosure.


Any and all visual, oral or written material and information supplied by the client to AT Web Results, Inc will be handled in the strictest confidence and shall be considered "confidential material". All such materials shall be retained in the confidential files within the offices of AT Web Results, Inc and/or published to the server when requested, and upon completion of the project. The client understands that the client will only provided copies of said material, AT Web Results will make every effort to return the material if requested, but is not responsible for lost or stolen material. Again please only provide copies of stated material.

12. Changes.


We carefully prepare our estimates based on information furnished by the client and our experience within the industry. However, creative or developmental projects often lead to altered objectives. If new information or instructions are received during the course of a project or phase that will require more time than we have budgeted, we will inform you immediately and you will get an revised rate to make modifications and your authorization from the email address listed on the agreement will be required for AT Web Results, Inc to make these changes.

13. Web Hosting.


AT Web Results, Inc will install the website content onto a computer server that will facilitate public access via the World Wide Web (WWW) through AT Web Results, Inc. AT Web Results, Inc is not responsible for any losses which may occur during temporary site inaccessibility due to technical problems with the hosting server or network, or due to regular server service updates or maintenance unless it exceeds our uptime guarantee viewable at: http://www.atwebresults.com/hosting.php. AT Web Results, Inc and its affiliates and sub-contractors are in no way responsible or liable for losses or damages, including lost sales or revenue due to website down-time. AT Web Results, Inc. does not guarantee the functionality and/or design of any work unless they are hosted by AT Web Results, Inc.

14. Web Hosting Fee.


The fee for web hosting is billable monthly, quarterly, semi-annually or annually and payable directly to AT Web Results, Inc. AT Web Results, Inc. guarantees 99.9% web server uptime. If for any reason your monthly uptime falls below our guarantee you will receive a credit not to exceed your regularly scheduled monthly hosting fee amount.

15. Domain Name.

If AT Web Results, Inc secured your domain on your behalf, or you transferred your domain to AT Web Results, Inc as a part of your managed hosting agreement, you the client will retain full rights and ownership of the domain as long as your account remains in good terms. Default on payments for managed hosting and/or failure to pay any contract termination fees will prevent transfer of your domain from AT Web Results, Inc. Furthermore AT Web Results, Inc. will renew you domain annually on your behalf, if the agreement is terminated and any outstanding fees are not satisfied, AT Web Results, Inc. reserves the right after 6 months to either auction off the domain name to cover the outstanding invoices or to stop renewing the domain.

16. Electronic Commerce Activity.


The client is responsible for all bank charges and processing fees incurred from credit card processing services. As well as any website security charges for Secure layer Socket (SSL) certificate. AT Web Results, Inc can secure these on your behalf at reduced rates.

17. Warranties.


AT Web Results, Inc warrants the following:

(A)
AT Web Results, Inc is fully able to enter into and perform it's obligations pursuant to this Agreement.

(B) All services shall be performed in a professional manner.

(C) If employees or subcontractors are to be hired by AT Web Results, Inc they shall be competent professionals.

(D) AT Web Results, Inc shall pay any necessary local, state, or federal taxes, including but not limited to withholding taxes, workers' compensation, F.I.C.A., and unemployment taxes for AT Web Results, Inc and its employees.

18. Training & Technical Support


AT Web Results, Inc will provide a reasonable amount of training and technical support at no charge for 60 consecutive days beginning on the date this contract is signed and accepted. Training and Technical Support issues covered by this agreement must be directly related to the agreement.

19. Cancellation Prior to Completion


If for any reason the project is canceled or postponed, the client will assume financial responsibility only for the work performed and material consumed up to that point. The client is not obligated to complete work. No part of the initial retainer amount is refundable once work begins.

20. Termination of Service


If either party decides to terminate service, the following will be provided to the client by AT Web Results as long as the client has paid any and all invoices due to AT Web Results, including, if applicable, current and past due balances, late fees, termination fees, design fees, IT support, training fees, Licensing fees, domain renewal fees, reasonable legal fees or court costs. An HTML copy of the entire front end (the publicly viewable pages) of the website, including all images, HTML, JavaScript and/or CSS used within these pages. This information will be delivered on a CD or DVD to the client via United Sates Postal Service or the client can schedule a time to pick it up at AT Web Results office as listed on the website http://www.atwebresults.com/contact.php. The fee for this services is $25 per domain. ANY AND ALL Custom Scripts that are developed by AT Web Results are the sole ownership of AT Web Results and are copyright protected. If you would like to extend your limited use license to another server and allow for a complete transfer of your web site as it is configured with AT Web Results, those terms and conditions would need to be agreed upon by both parties in writing prior to transferring the data.

21. Fulfillment


Both the Client and AT Web Results, Inc enter this agreement in good faith and shall act accordingly toward the goal of fulfilling the desired objectives and terms of this agreement.

22. Miscellany.


This Agreement constitutes the entire agreement between the parties. This Agreement shall be binding on the parties, their heirs, successors, assigns, and personal representatives. This Agreement shall be governed by the laws of the State of Illinois, USA.

AT Web Results, Inc
reserves the right to modify these terms and conditions at any time without notice. The latest version will always be available at AT Web Results, Inc. website (http://www.atwebresults.com/terms.php) If we are working on a project with you when these terms change you will only be held responsible for changes in the managed hosting portion of these terms.
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