Internet
Email and Web Site Hosting Services Agreement
Customer
agrees to purchase, and Service Provider (DataSpeak Incorporated) agrees to
deliver the Web Site and/or Email Hosting Services (hereinafter referred to as
"Hosting Services"), subject to the terms and conditions contained herein and
charges in the appropriate DataSpeak Inc. Web Site and Email Hosting Services
Price List, Terms
and Conditions
1. Effective Date This Agreement shall become effective upon the
date accepted by DataSpeak Incorporated, and Customer pays first start-up or
service fees. 2. Service Start Date The service start date shall commence when
DataSpeak Incorporated begins development of Customer’s Web Site, or Customer
initiates migration of an existing site by contacting the host of the existing
site, or when DataSpeak Incorporated initiates setup of a new Domain Name with
InterNIC, at Customer's request, whichever of the above occurs
first. 3. Changes Prices, terms and conditions are subject to change
at any time upon written notice to the customer. Prices are based upon price in
effect at time of order, except in the event of published price increase. In the
event of published price change, orders placed prior to the price change, and
delivered within thirty days of the change, will receive the lesser of the new
price and the price in effect at time of order. Prepaid services will receive
the price in effect at the time of prepayment, for the term of the contracted
service period. Scheduled deliveries of service after 30 days will be invoiced
at the price in effect at time services are rendered. If any change is
unsatisfactory to the Customer, the Customer may cancel the contract by mailing
written notice to DataSpeak Incorporated within thirty (30) days from the
effective date of the change. In the event of such cancellation after an
announced change, deliveries made prior to cancellation will be billed at the
contract rates prevailing prior to the change. 4. Warranty A. Customer warrants to have the full right and
power to grant the rights to use the materials embodying the names, words,
recordings, likenesses, identity, and performances of the photographers, artists
and/or performers, free and clear of any rights or claims by the owners or any
others, and shall indemnify and hold DataSpeak Incorporated, its agents, owners,
employees, licensees, successors and assigns wholly harmless from any loss,
liability, damage, cost of expense (including reasonable legal fees) from any
claims by the owners or others arising from the use or any derivatives of the
materials given to DataSpeak Incorporated to incorporate into the Customer’s
Internet and Web Presence for promotional purposes. B. DataSpeak Incorporated warrants that the
services to be provided will be performed in a reasonable time frame and be
consistent with the specification of services outlined in the prevailing price
list. C. THE FOREGOING WARRANTIES ARE EXCLUSIVE
REMEDIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. DataSpeak Incorporated WILL NOT BE RESPONSIBLE UNDER ANY
PART OF THIS AGREEMENT FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. 5. Renewal This contract will automatically be renewed for
successive twelve month periods at the prices, terms and conditions prevailing
at the time of renewal. DataSpeak Incorporated will mail written notice of the
renewal within thirty (30) days of the commencement of the renewal period.
6. Cancellation Customer may cancel the renewed contract period by
mailing written notice of cancellation to DataSpeak Incorporated within thirty
(30) days from receipt of the renewal notice. In the event of such cancellation
after automatic renewal, deliveries made prior to cancellation will not be
rebilled. In the event Customer requests cancellation prior
to the expiration of the Contract Period, the full amount due for the duration
of the Contract Period shall be deemed to be fully earned by Service Provider.
Payment of any unpaid balance shall be due within ten days after presentation of
a Final Invoice by Service Provider. Upon receipt of payment of Final Invoice,
Service Provider shall cooperate fully with Customer by promptly initiating
transfer of any domain names belonging to Customer to another Service Provider
of Customer's choice, or to Customer. Other assistance required by Customer in
completing said transfer shall be provided by Service Provider, to the extent of
its available capabilities, within a reasonable time period, and Service
Provider shall receive compensation based upon a reasonable Estimate of time and
expense expected to be incurred. 80% of said estimate shall be payable in
advance by Customer, and the balance, based upon records of actual time and
expense incurred, shall be payable within ten days of: (1) the date the service
becomes effective at the new site, or (2) the date the transfer as described in
the Estimate is completed, whichever occurs first. 7. General Invoices shall be delivered to customer prior to
delivery of the next month's, quarter’s (3 months’), or year's services, as
applicable. Payment terms are due and payable upon
receipt. DataSpeak Incorporated shall not be liable for
non-performance caused by circumstances beyond its control including, but not
limited to, work stoppages of DataSpeak Incorporated employees or employees of
others, fires, disruptions in the overall performance of the Intenet network,
civil disobedience, civil commotions, riots, rebellions, insurrections, acts of
God and similar occurrences. To the extent possible, Service Provider shall
provide advance notice to Customer of any major planned maintenance or upgrades
to its Systems that may affect the delivery of services for more than a 60
minute period. The contract prices, terms and conditions, in
effect on the date of delivery, shall constitute the entire agreement between
the Customer and DataSpeak Incorporated with respect to its subject matter,
irrespective of inconsistent or additional terms and conditions in the
Customer’s purchase order, in any other document submitted to DataSpeak
Incorporated by Customer, or in representations made by DataSpeak Incorporated
sales personnel. 8. Rights Reserved DataSpeak Incorporated reserves the right to
Cancel, Shutdown or Transfer any or all hosting services for any reason. This
decision by DataSpeak Incorporated will be finial.
|