For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows:
By clicking on the “Accept” button, you (the “Customer”) agree to accept and to abide by all terms and conditions set forth in the “Plan IT Surf IT Web Site Agreement”, as such Agreement now exists or as amended from time to time hereafter. Failure to honor all such terms and conditions shall be grounds for immediate termination of the service and removal of Customer’s web site. In addition, such breach shall subject Customer to such claims for damages and reimbursements as might be appropriate in the circumstances as well as loss of the domain and all its content.
- The Provider agrees to host Customer’s web site on the Provider’s server or a third party server, subject to and based upon the terms and conditions set forth in this Agreement.
- Customer’s web site will reside within its own domain and shall have a URL address based upon that domain, such as www.xyz.com. Said domain and URL shall be and remain the property of Plan IT Surf IT or other domain name granting authority (as the case may be), and Customer’s sole right with respect there to shall be to use the name for the duration and upon the terms and conditions stated in this Agreement.
- Customer is solely responsible for the content of his or her web site; provided, however, that Customer hereby agrees that Customer will not, directly or indirectly, by its web site send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate.
- Customer will comply with all provincial, federal and local laws (including, but not limited to export/import laws and laws relating to obscenity, copyright, trade mark, trade secret, libel, slander and defamation). IT IS CUSTOMER’S SOLE RESPONSIBILITY TO BECOME FAMILIAR WITH AND TO COMPLY WITH ALL LAWS THAT MIGHT RELATE TO CUSTOMER’S WEB PAGE.
- Customer acknowledges and agrees that Provider will incur no liability for any claim, whether sounding in contract, tort, warranty, strict liability, product liability or any other theory of recovery (including negligence but accepting only intentional malfeasance) relating in any manner to Customer’s web page.
- Customer will indemnify and hold Plan IT surf IT harmless from and against all claims, damages, costs (including costs of defense) from any source or for any reason relating directly or indirectly to Customer’s web site.
- Customer hereby represents and warrants that he or she is eighteen years of age or older, and is under no disability that would render him or her unable to enter into, be fully bound by and fully perform in accordance with the provisions of this Agreement.
- Customer hereby engages the services of Plan IT Surf IT for the purpose of designing, creating, testing and delivering a fully functional Website, to be delivered to the Customer in the form of Hypertext Markup Language (“HTML”), JAVA and/or FLASH languages, or any other appropriate languages to create a web site, including content managers, most current version, which meets the specifications set forth herein and which is fully ready and operational upon placement on a server and creation of necessary connections for availability on the World Wide Web,
- As provided in Section Design 1 above, the Customer shall be responsible for delivering all Website Content except for those items that Developer has specifically agreed to create.
- Developer shall not include any hidden text or codes in the development of the Website except as specifically requested or authorized by the Customer.
- The Customer hereby authorized Plan IT Surf IT to add a link on every page pointing to the website from www.planitsurfit.com.
- Developer shall create a password protected access site to make the Website available for review by the Customer periodically through the development stage. Developer will notify the Customer of the location of the Website and the method for gaining access to the Website. The password assigned to the Customer shall be unique to the Customer and shall not be provided by either party to any other party except the Customer and the Developer.
- In consideration of the services to be performed by the Developer hereunder, including the delivery of a completed Website meeting the specifications set forth and referred to herein, the Customer shall pay to Developer a total development fee as chosen in the Plan IT Surf IT plan.
- Customer shall pay to Developer, upon execution of this Agreement, an amount equal to as mentioned in the Plan IT Surf IT plan, as the initial payment for Developer’s services provided hereunder. Thereafter, the remainder of the Development Fee shall be paid to the Developer at 24 equal payments as described in the Schedule of Payments set forth and attached hereto in the plans.
- In the event that this Agreement is terminated by its terms prior to completion of the 24 month term, Developer shall be compensated with 80% of the pending amount equal to 24 times the monthly payment. In the event of early termination of the contract all content, software and domains will be retained by Plan IT Surf IT.
- At termination of the contract, early or natural ending, the content and the domain and all software can be bought from Plan IT Surf IT for 5 times the monthly fee.