Terms of Service
TOP WEBS NETWORK TERMS OF SERVICE
WEB SITE DESIGN, HOSTING & SERVICE CONTRACT
Effective Date: December 12, 2015
- Definition of Terms
- Terms of Service
TOP WEBS NETWORK: Maintains the following websites: Top Church Websites (www.topchurchwebsites.com), Top Business Websites (www.topbusinesswebsites.com) and Top Webs Network (www.topwebsnetwork.com). Mailing address is 15218 Isleview Dr., Chesterfield MO 63017. Phone: 636-344-0346.
CLIENT: Named in the application form.
HOST: Hosting Company selected by TOP WEBS NETWORK.
CONTRACT: This agreement is listed below.
TOP WEBS NETWORK reserves the right to change this CONTRACT at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this CONTRACT periodically and to be aware of any modifications. You may identify whether TOP WEBS NETWORK has revised this CONTRACT by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified CONTRACT; and (b) agreement to abide and be bound by the modified CONTRACT. If you do not agree to these terms, please contact us to cancel your services.
The above named CLIENT is engaging TOP WEBS NETWORK, as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on TOP WEBS NETWORK web space located on a HOST’s computer selected by TOP WEBS NETWORK. The CLIENT also authorizes TOP WEBS NETWORK to publicize their completed website to Web search engines, as well as other Web directories and indexes at it's discretion.
- TOP WEBS NETWORK represents and warrants to the CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT’s satisfaction.
- The CLIENT represents and warrants to TOP WEBS NETWORK that it will provide CLIENT Materials as required in a professional, competent and timely manner; that it has the power to enter into this Agreement on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.
- E-mail support and consultation during the development phase.
- General education in the use of the website manager and website functions via documentation and support website.
- Up to the maximum number of web pages indicated in the custom design package will be completely constructed in the content management system by TOP WEBS NETWORK. Additional pages may be added by the CLIENT or a quote may be requested ($100.00 minimum).
- Text. Final text for web pages shall be supplied by the CLIENT (200 words per page approximate maximum.)
- Links. Up to an average of 3 external links per page, and an e-mail response link on each web page to any e-mail address the CLIENT designates.
- Custom Graphics. Front page and inner page banner graphics are included, as well as other front page graphics. High quality CLIENT logos will be incorporated, otherwise the CLIENT name will be used. Standard website development does not include the creation of a logo. Article graphics will be included by mutual agreement with a maximum of one per page and a total of 10 article graphics.
- Custom Forms (included in some monthly plans). If requested, two custom forms will be created for the CLIENT's website during the design phase.
- Installation of Web pages on the TOP WEBS NETWORK HOST computer.
- TOP WEBS NETWORK will ensure that the CLIENT's website will display and function properly with all major web browsers (browsers with greater than 5% market share).
- Design Revisions (included in some design packages). The maximum number of design revisions of the initial draft website available are indicated on the design package page. Further revisions will require a separate quote ($100 minimum).
- Minor updates and changes to existing Web pages for 2 weeks from completion of website.
- TOP WEBS NETWORK will provide a dedicated server computer that is integrated into the Internet via a HOST. This server computer will send and receive information as related to the World Wide Web. The CLIENT will be connected to and utilize the hardware and software facilities of a HOST selected by TOP WEBS NETWORK to establish an Internet web site.
- Domain name search and advice. If a domain name is needed for the website, TOP WEBS NETWORK will suggest appropriate names and do a search to ascertain the availability of those names. The determination of a domain name’s availability does not guarantee it will be still available at the time of registration.
- Domain name registration or transfer. If needed, TOP WEBS NETWORK will complete the necessary forms to register or transfer a domain name as selected by the CLIENT. Although TOP WEBS NETWORK will submit forms to register a requested domain name in a timely fashion, TOP WEBS NETWORK does not guarantee the availability of any domain name.
- Website hosting and support includes features and restrictions as found on electronic media on our websites which may be updated from time to time.
- Website hosting runs from the beginning of this contract for a period of one month known as monthly at which time it will be automatically renewed for each subsequent month under the same agreement and cost set forth in this contract.
- Website support includes minor or maintenance updates of content management system (CMS) and extension software to ensure that the CLIENT's website continues to be secure and function with all major browsers. We reserve the right to charge for major CMS or extension updates. The timing of software updates will be at TOP WEBS NETWORK's discretion.
- Website support will correct any website malfunctions or errors that may arise as a result of the content management system configuration.
- Website support includes regular backups of the CLIENT's website files and database, as well as restoration of the website if it becomes corrupted or inoperable not due to CLIENT error, according to the plan selected. TOP WEBS NETWORK is not responsible for the completeness, integrity, or freshness of your website backup.
- Website support includes email support and documentation on CLIENT website questions and training for up to three contacts.
- Website support does not include correction of mistakes made by the CLIENT using the CMS website manager or other website creation tools. Restoration of the CLIENT's website files and/or database from backups due to CLIENT error may be subject to a service charge.
- The CLIENT is not allowed to make template modifications, install/uninstall CMS extensions or update the CMS, all of which are managed by TOP WEBS NETWORK. The CLIENT'S privileges in the administration section of the website will be that of Administrator. The installation of CMS extensions not on the chosen hosting plan list will be at the discretion of TOP WEBS NETWORK and alternative solutions may be suggested. If a non-standard CMS extension is approved for installation, there will generally be a setup charge and a monthly support fee determined on an individual basis.
- Website support does not include modifications to the approved website design, graphics or content management system setup, including the menu system.
- Monthly plans may be upgraded at any time at the CLIENT's request, although there may be one-time setup fees associated with adding the features of the upgraded plan. Implementation of features in a monthly plan after the final setup and design payment may require payment of additional one-time setup fees. When new features are added by TOP WEBS NETWORK to a monthly plan, implementation of a new feature in a completed website may require payment of additional one-time setup fees.
- TOP WEBS NETWORK takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of TOP WEBS NETWORK may not use or permit others to use our network to transact in UCE. The CLIENT is prohibited from engaging in improper use or distribution of email. TOP WEBS NETWORK will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to:
- Sending of any unsolicited email ("spam"). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.
- Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising")
- Using the Website Hosting Service to receive replies from unsolicited emails ("drop-box" accounts).
- Configuring any email server in such a way that it will accept third party emails for forwarding ("open mail relay").
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by the TOP WEBS NETWORK CLIENT must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.
- Purchasing lists of email addresses from 3rd parties for mailing to or from any TOP WEBS NETWORK hosted domain, or referencing any TOP WEBS NETWORK account, is prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
- Upon notification of an alleged violation of our CONTRACT regarding SPAM, TOP WEBS NETWORK will initiate an immediate investigation (within 48 hours of notification). During the investigation, TOP WEBS NETWORK may restrict customer access to the network to prevent further violations. If a customer is found to be in violation, TOP WEBS NETWORK may, at its sole discretion, restrict, suspend or terminate customer's account. Further, TOP WEBS NETWORK reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. TOP WEBS NETWORK will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and the CLIENT's account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of the CLIENT's account. CLIENTs who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that TOP WEBS NETWORK personnel must spend to investigate the matter.
- TOP WEBS NETWORK will execute this website design as specified by the CLIENT requirements as terms of this CONTRACT and incorporated in this CONTRACT. Upon receipt of 50% of the setup and design fee, as well as all requested design materials, TOP WEBS NETWORK will begin creation of the CLIENT website. Upon completion of the website design by TOP WEBS NETWORK and approval by the CLIENT, the remaining 50% of the setup and design fee will be due, as well as the first monthly support fee. The complete setup and design fee, as well as the monthly support fee will be due when TOP WEBS NETWORK has completed the site and the CLIENT has approved the work, even though the CLIENT may still have content to add before the site goes live.
- Each website project is allotted a number of design and setup hours, based upon the total quoted setup and design fee minus the cost of non-standard extensions divided by our current hourly design rate ($50/hour). If the website design project incurs significant additional design and setup time above the allotted number of hours, the final amount due upon completion of the project will be 50% of the quoted setup and design fee plus the additional hours charged at the current hourly design rate.
- Monthly support fees vary by type of plan chosen by the CLIENT. The various plan differences and prices are available on our websites and may be periodically updated. Various custom upgrades and extensions for the listed plans are available and may incur additional monthly support fees above the standard plan fees. TOP WEBS NETWORK will put the CLIENT website online upon receipt of these fees. The monthly support fee will be a recurring and automatic charge until terminated by the CLIENT. Monthly support fees may be subject to periodic increases by TOP WEBS NETWORK. Upon termination of the monthly support fee by the CLIENT, the CLIENT's website will be taken offline.
All services agreed to in this CONTRACT, shall be sold for the current price specified on TOP WEBS NETWORK websites. Payment shall be by check, or money order, in US dollars, and made payable to “TOP WEBS NETWORK” or preferably via electronic payment through our support and billing site (www.topwebsnetwork.com). The monthly support fee may only be paid by recurring electronic payment.
A minimum deposit of fifty percent (50%) of the design cost is required to commence work. The site will then be put online on a draft directory of the CLIENT’s HOST for the CLIENT’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. Payment for the site must be made in full before the site will be moved to the main directory of the CLIENT’s HOST.
TOP WEBS NETWORK and the CLIENT must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate information, images and text from the CLIENT. We agree to work expeditiously to complete the website in a professional and timely fashion. Should the time from the commencement of work for the CLIENT by TOP WEBS NETWORK exceed 60 days due to the CLIENT's inability to make decisions or supply required content, the full amount for the CLIENT's website will be due, which includes the commencement of monthly support fees.
TOP WEBS NETWORK reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. TOP WEBS NETWORK will be responsible for the final results of the project.
Any revisions, additions or redesign CLIENT wishes TOP WEBS NETWORK to perform not specified in this document shall be considered "additional" and will require a separate quote, agreement and payment ($100 minimum).
The CLIENT represents to TOP WEBS NETWORK and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, other artwork, software, scripts, audio or video files furnished to TOP WEBS NETWORK for inclusion in Web pages 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 TOP WEBS NETWORK and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
CLIENT certifies that he or she is at least 18 years of age.
- CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
- CLIENT hereby agrees to indemnify and hold harmless TOP WEBS NETWORK from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless TOP WEBS NETWORK in any claim resulting from the submission of illegal materials.
- If TOP WEBS NETWORK shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against TOP WEBS NETWORK, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by TOP WEBS NETWORK for any reason.
- Under no circumstances, including negligence, shall TOP WEBS NETWORK, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use TOP WEBS NETWORK’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to TOP WEBS NETWORK’s records, programs or services. CLIENT hereby acknowledges that this paragraph shall apply to all content on TOP WEBS NETWORK’s services.
- Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses and causes of actions whether in CONTRACT, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this CONTRACT during the period damages occurred.
CLIENT agrees that it shall defend, indemnify, save and hold TOP WEBS NETWORK harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against TOP WEBS NETWORK, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless TOP WEBS NETWORK against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with TOP WEBS NETWORK’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold in the Web Design.
- The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend TOP WEBS NETWORK and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.
- The sole provider supported for CLIENTs in the United States utilizing e-commerce extensions that require a payment gateway and merchant account is Capital Merchant Solutions, Inc., 3005 Gill Street, Bloomington, IL 61701, 1-877-495-2419, www.FreeAuthNet.com.
Copyright to the finished assembled work of Web pages and/or custom scripts produced by TOP WEBS NETWORK is owned by TOP WEBS NETWORK. Upon final payment of this CONTRACT, the CLIENT is assigned rights to use as a website the code, design, graphics, and text contained in the finished assembled website and/or code in custom scripts only on a TOP WEBS NETWORK HOST computer while maintaining monthly support fee payments. The completed website or script may not be transferred, either in totality or part, to the CLIENT or to another host server selected by the CLIENT, except with express written permission granted by TOP WEBS NETWORK. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. TOP WEBS NETWORK and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
CLIENT must include a byline and link on the bottom of their Web Page establishing authorship credit to TOP WEBS NETWORK or one of it's websites listed in paragraph 1.
TOP WEBS NETWORK, its employees and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever.
TOP WEBS NETWORK reserves the right to refuse service for any web site or material that it feels is not legal, moral, or in the best interests of TOP WEBS NETWORK. TOP WEBS NETWORK will not create sexually oriented, adult or pornographic websites. TOP WEBS NETWORK is not responsible for the content of any web site. TOP WEBS NETWORK may cancel this contract for failure of the CLIENT to abide by its terms.
In the event that work is cancelled at the request of the CLIENT before the completion of the contracted work, any additional fees beyond the initial 50% design and setup fee will be calculated based on percentage of work completed and the CLIENT billed. In the event of cancellation, TOP WEBS NETWORK shall own all rights to the Work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
- All payments to TOP WEBS NETWORK are non-fundable. None of the setup and design fees, the monthly support fees, custom design fees, custom scripting fees or any other fees are subject to refunds.
- All billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in TOP WEBS NETWORK's sole discretion is a valid charge under the provisions of this CONTRACT, you agree to pay TOP WEBS NETWORK an "Administrative Fee" of not less than $75 and not more than $200.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this CONTRACT shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of TOP WEBS NETWORK.
In order for TOP WEBS NETWORK to remain in business, payments must be made promptly. Invoices are due on the due date indicated therein. Delinquent bills will be assessed a 10% late fee (with a $25 minimum charge) if payment is not received within 10 days of the due date and the account will be suspended. Accounts suspended for nonpayment are subject to a $50 reconnect charge. If an amount remains delinquent 30 days after its due date, the account will be terminated. TOP WEBS NETWORK reserves the right to remove Web pages from viewing on the Internet (suspension) until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. Regardless of the place of signing of this CONTRACT, the CLIENT agrees that for purposes of venue, this CONTRACT was entered into in St Louis County, Missouri, and any dispute will be litigated or arbitrated in St Louis County, Missouri. Please pay on time.
This policy covers how TOP WEBS NETWORK uses your personal information. TOP WEBS NETWORK takes your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fulfill your order, and may be used for internal analytical purposes. TOP WEBS NETWORK will not sell or redistribute your information to anyone.
This CONTRACT constitutes the sole agreement between TOP WEBS NETWORK and the CLIENT regarding its Web Design Service. It becomes effective when agreed to by the CLIENT. This CONTRACT shall be governed and construed in accordance with the laws of the State of Missouri. The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.
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