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Parikh.Net Your Office Online - For You. 732-734-0534 |
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Terms and Conditions |
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1. Authorization: The named client is engaging Parikh.Net, as an
independent contractor for the specific web design project of developing and/or
improving a web site, hereinafter referred to as "web design project" which may
be installed on the client's account on an Internet Service Provider (ISP) / Web
Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service" if
required to perform services. If required to perform services the client hereby
authorizes Parikh.Net to access this account and authorizes the Hosting Service
to provide Parikh.Net with "full access" to the client's account and any other
programs needed for this web design project that are included as part of the
client's service agreement/level. 2. Acceptable Use: An acceptable use policy is part of these terms and
conditions of hosting any information associated with the domain name. This is
necessary because the proliferation of abusive electronic mail and practices
generated by a minority of the Internet users can interrupt services. The
exhibit with the description of the acceptable use policy is posted on our
website and the exhibit is part of these terms and conditions. 3. Copyright and Trademarks: The client unconditionally guarantees
that any elements of text, graphics, photos, designs, trademarks, or other
artwork furnished to Parikh.Net for inclusion in the web design project are
owned by the client, or that the client has permission from the rightful owner
to use each of these elements, and will hold harmless, protect and defend
Parikh.Net and its subcontractors from any claim or suit arising from the use of
such elements furnished by the client. 4. Web Site Maintenance: After the content is designed and published
and the order is fulfilled, any further changes or maintenance will be charged
at $75 per hour. 5. Completion Date: Parikh.Net and the client must work together to
complete the web design project in a timely manner. We agree to work
expeditiously to complete the web design project no later than 15 days after the
client has submitted all necessary materials. If the client does not supply
Parikh.Net with complete text and graphic content for this web design project
within 15 days of the date this agreement was signed, the entire amount of the
agreement becomes due and payable. If the client still has not submitted all the
required contents within 30 days after signing this agreement, the contract is
cancelled. 6. Project Delivery: The web site design project delivery shall be
completed upon receipt of the payment associated with delivery. Delivery may be
accomplished by publishing, electronic transfer, or physical media. The client
understands that Parikh.Net may not be providing any hosting services in
connection with this web design project. Hosting services may require a separate
contract. The client will be solely responsible for all hosting service charges.
The client assumes all responsibility for the use and functionality of the web
design project. 7. Publishing: Parikh.Net will make a good faith effort to accommodate
client's requested method of publishing. 8. 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 Parikh.Net and its subcontractors from any
claim, suit, penalty, tax or tariff arising from the client's exercise of
Internet electronic commerce. 9. Web Design Project Copyright: Original web site content
specifically requested by the customer and designed under work for hire shall be
the intellectual property of the customer once final payment under this
agreement and any additional charges incurred have been paid. Rights to clipart,
photos, graphics, source code, work-up files and computer programs that are not
specifically requested and designed under work for hire are not transferred to
the client, and remain the property of their respective owners. Parikh.Net and
its subcontractors retain the right to display graphics and other web design
elements as examples of their work in their respective portfolios. 10. Payments: Payment is due in full prior to Parikh.Net provisioning
your account with any products or services. Parikh.Net products and services are
non-refundable. Parikh.Net reserves the right to remove any web design project
from viewing on the Internet until final payment is made. In case collection
proves necessary, the client agrees to pay all fees incurred by that process.
This agreement becomes effective only when signed by an authorized
representative Parikh.Net. Regardless of the place of signing of this agreement,
the client agrees that for purposes of venue, this agreement was entered into in
Colonia NJ, US and any dispute will be litigated or arbitrated in Colonia NJ,
US. Please pay on time. All payments will be made in US $ funds only. 11. Legal Notice: Parikh.Net does not warrant that the functions
contained in the web design project will be uninterrupted or error-free. The
entire risk as to the quality and performance of the web design project is with
the client. In no event will Parikh.Net be liable to the client or any third
party for any damages, including, but not limited to service interruptions
caused by Acts of God or any other circumstances beyond our control, any lost
profits, lost savings or other incidental, consequential or special damages
arising out of the operation of or inability to operate this web design project,
failure of any service provider, of any telecommunications carrier, of the
Internet backbone, of any Internet servers, your or site visitor's computer or
Internet software, even if Parikh.Net has been advised of the possibility of
such damages. 12. This Agreement: This agreement constitutes the sole agreement
between Parikh.Net and the client regarding this web design project. Any
additional work not specified in this contract must be authorized by a written
request. All prices specified in this contract will be honored for 3 months from
date offered. Acknowledgement of agreement after that time will require a review
of current pricing and new agreement. This agreement supersedes any prior
written or oral agreements between the parties. 13. Amendment: This agreement may be modified or amended if the
amendment is made in writing and is signed by both parties. 14. Severability: 15. Waiver of Contractual Right: The failure of either party to
enforce any provision of this agreement shall not be construed as a waiver of
limitation of that party's right to subsequently enforce and compel strict
compliance with every provision of this agreement. 16. Governing Law: This agreement shall be governed by and interpreted
and enforced in accordance with the laws of the Sate if Florida and the Federal
Laws of the United States of America applicable therein without reference to
rules governing choice of laws. Any action relating to this agreement must be
brought in Brevard County Florida and you irrevocably consent to the
jurisdiction of such courts. 17. Notices: Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via regular USPS
mail. Any communication sent via regular mail shall be deemed to have been
validly and effectively given 5 business days after the date of mailing. __________________________________ Customer: __________________________________ |