Website design and hosting agreement terms:
NWOL responsibility: Upon verbal or written webhosting/web design agreement, Customer will receive complete website design, 24x7 Network Monitoring & Emergency Support, 24x7 Live customer support, escalated technical support 9am-5pm Mon-Fri., Priority DNS registration & transfer, Spam and virus protected E-mail, daily backup and Netcreator website builder tool. NWOL will complete website in a timely manner. If a current website is active, that website will not be replaced with the new site until Customer’s written approval. The new site will be posted to a temporary test site for the Customer to view prior to approval and removal of the old website files. If the DNS is pointed at us and we are hosting the old site, it will be zip filed and stored in case of future need to access files. If we are not hosting the old site, the Customer must obtain a copy of the old site for their files if desired.
Customer responsibility: In order for NWOL to complete the website, content for the new site must be submitted to NWOL by Customer. If there is an existing site, NWOL has permission to copy content for the new site. Improvements, suggestions and corrections shall be at the discretion of NWOL, but with the approval of Customer. If customer does not approve, such changes will not be made. Customer must make all efforts to cooperate with DNS changes or domain name transfers. Periodic changes to the website are the Customer’s responsibility unless terms are agreed to with NWOL to maintain website. Customer shall allow Networld, upon completion of the website and satisfaction of this agreement, to place a small link at the footer of the site to credit Networld for the hosting/design of the site. IF A NEW DESIGN IS BEING PROVIDED BY NWOL, ONCE THE CUSTOMER APPROVES THE SAMPLE, THE CUSTOMER IS THEN RESPONSIBLE FOR THE HOSTING FEES FROM THAT DAY FORWARD.
Term & Termination: This agreement is for a month-to-month basis. Customer may cancel Hosting service at any time with thirty (30) days written notice to NWOL. NWOL shall give Customer 60 days notice prior to any contract modification.
Coupons and Discounts: All coupons and discounts are subject to hosting agreements. “Free 5 page web design , waived set up fee or free domain registration” are only granted with sign up of our hosting plans.
Penalties: Should a customer take advantage of the "discount" and the design work or domain name registration has been granted in exchange for hosting with NWOL, the customer is still responsible for hosting fees. If the customer chooses to cancel, or they have not provided adequate website content after 30 days, their credit card on file will be billed for the used portion of their hosting agreement at the plan rate, along with the domain name registration for $14.95 if applicable.
Refunds: There are no refunds on web hosting that has already taken place. If the Customer chooses to cancel hosting services, but wants to maintain the website design, a $50 export fee is due at time of cancellation. A deposit refund will only be issued under the circumstance that website design has not commenced or transfer of domain fails.
Service Level Quality Guarantee: NWOL makes all efforts to guarantee maximum reliability and guarantees 99.9% up time. If the Customer’s Hosting Service goes down during its term for any reasons other than scheduled maintenance, Customer’s negligence or Force Majeure, Customer will receive credit on its account as follows: For each day that service goes down for more than ten minutes, credit will be received for that day. If service goes down for more than one day, the next month is free.
Payment Terms and Invoicing: If Customer elects to choose a 12 month term, and to pay up front in advance for one year, they will receive discounts based on listed promotions at time of order, and at a value of not less than one month’s fee. If a monthly agreement is chosen, deposit is due at time of signing, and check paying Customers shall be billed monthly, in advance, 20 days prior to the first day of the month’s service. Payment is due on the anniversary date of the first day of service. A twenty-dollar ($20) late payment fee shall be assessed on any account not paid by its due date. All invoices without a due date defined, shall be payable upon receipt, with a Net-15 grace period from invoice date. Any account that remains unpaid after 15 days from the start of the current month’s service shall be deemed delinquent. Delinquent accounts shall be put on “accounting hold” and services shall be automatically suspended, until payment is received. Customer’s who have a credit card number on file, and give authorization, may have their credit card automatically charged for overdue amounts to prevent their service from being disrupted in case of payment failures. Customer may also elect to utilize NWOL’s automatic billing system, and pay all monthly payments by credit card. Credit card paying customers will be billed monthly, on their anniversary date. Invoices sent by NWOL via E-mail are binding, and considered to be the equivalent of a paper invoice. Unless otherwise specified by NWOL, all payments shall be made to Networld Online, Inc. and mailed to: P.O. Box 535, Damascus, MD, 20872-0535.
Liability: In no event shall NWOL or its agents, representatives, distributors, or suppliers be liable to customer or any other party, for any damages of any kind arising from customer’s use or inability to use the services, equipment, software, documentation or other materials or the connection, any interconnected devices or otherwise hereunder, in whole or in part and regardless of the basis of the claim, even if NWOL has been advised of the possibility of such damages. This disclaimer of liability includes damages for the loss of business profits, anticipated revenue, information, data, the interruption of a customer’s business and any incidental, indirect and consequential damages arising out of or in connection with this agreement. In no event shall NWOL’s liability hereunder, whether in contract, tort, (including negligence) or otherwise, exceed the equivalent of the service fees applicable to the three months immediately preceding the date the claim arose. Customer acknowledges that these limitations of liability were an essential element in setting the prices for service under this agreement.
Force Majeure : Neither NWOL nor its representatives shall be liable for loss or damages or shall be deemed to be in breach of this Agreement if its failure to perform its obligations results from (a) compliance with any law, ruling, order, regulation required by any federal or state government agency or court; (b) acts of God; (c) fires, strikes, war, insurrection, riot or any other cause beyond its reasonable control.
Excusable Delay & Maintenance: In no event shall NWOL be liable to Customer for any delay or failure to perform due to causes beyond the control and without the fault or negligence of the party claiming excusable delay. Customer understands that NWOL may, from time to time, need to interrupt its provision of Services for maintenance and other operational reasons, and that Customer shall not receive any compensation for such interruptions. NWOL will use reasonable efforts to provide notice to Customer of all such interruptions.
Acceptable Use: Transmission of any material in violation of any US federal or state law or regulation or NWOL’s Acceptable Use Policy (“AUP”) is strictly prohibited. Such violations would include, but not be limited to, copyrighted material without owner’s permission, or material or messages that are unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute criminal offense, give rise to civil liability or otherwise violate any applicable federal or state law. Networld’s AUP, as amended from time to time, can be found on Networld’s website at http://www.nwol.com.
Dispute Resolution: Any dispute or claim relating to this agreement shall be submitted to and settled by arbitration, under the Commercial Arbitration Rules of the American Arbitration Association. Any decision, award, or determination rendered shall be final and binding upon the parties. Judgment upon such award may be entered in any court having competent jurisdiction. The expenses of arbitration shall be borne equally by the parties unless otherwise expressly ordered by the arbitrator. The venue for any such arbitration will be Maryland.
Governing Law & Interpretation: In all respects this Agreement shall be governed by the substantive laws of the State of Maryland without regard to conflict of law principles. If any of the provisions of this Agreement are held invalid, illegal or unenforceable, the remaining provisions shall be unimpaired. Neither party’s failure, at any time, to enforce any right or remedy available to it under this Agreement, shall be construed to be a waiver of such party’s right to enforce each and every provision of this Agreement in the future. Headings are for reference and shall not affect the meaning of any of the provisions of this Agreement.
Intellectual Property Rights and License
Web Site: Client and NWOL agree that upon payment in full of the fees associated with the design and development of the Web Site, Client shall own all worldwide right, title, and interest in and to the Web Site (including, its source code and documentation) (the "Custom Programming"). Client and NWOL agree that NWOL shall retain a world-wide, royalty-free, non-exclusive, transferable, and perpetual right and license to the Custom Programming including, but not limited to, the right to modify, amend, create derivative works, rent, sell, assign, lease, sublicense, or otherwise alter or transfer the Custom Programming. Client shall be responsible for researching, obtaining, and filing all trademark, copyright, patent, or other intellectual property protections for the Web Site, its look and feel, any logos, any "tag lines," or any other Web Site content or documentation designed or developed by NWOL for Client. Client and NWOL also agree that the design and development of Client's Web Site may include source code, documentation, and/or application programs that were previously written or developed by NWOL and modified to meet Client's specific requirements (the "NWOL Content"). NWOL shall own all worldwide right, title, and interest in and to the NWOL Content, but shall provide Client (upon payment in full of the fees associated with the design and development of the Web Site) a worldwide, royalty-free, non-exclusive, transferable and perpetual right and license to use the NWOL Content. NWOL agrees that it either owns or will own any rights that it claims to own and which NWOL assigns to Client. NWOL will assign any intellectual property rights to Client that are consistent with this paragraph.
Third Party Licenses: In addition to any other fees set forth in this Agreement, Client shall be required to purchase any applicable third party licenses for any third party products that are necessary for NWOL to design and develop the Web Site with Client’s prior approval. Such third party products may include, but are not limited to: server-side applications, clip art, "back-end" applications, music, stock images, or any other copyrighted work which NWOL deems necessary to purchase on behalf of Client to design and develop the Web Site. In the event any such third party product exceeds $250.00 per product (or $3000.00 in the aggregate), NWOL shall obtain Client's prior written consent before incorporating such third party product into the Web Site. NWOL shall provide Client with a list of all third party products upon launch of the Web Site.
Charges and Billing
1. You agree to pay all charges for your use of NWOL at the prices then in effect. NWOL charges, if applicable, will be subject to sales or other taxes. NWOL reserves the right to modify or terminate subscription plans, change prices, or institute new charges at any time. You may terminate your subscription by notifying NWOL in writing via email or postal mail. No refunds will be provided for unused service periods nor for retroactive cancellation. You may discontinue service via U.S. mail to: NWOL, P.O. Box 0535, Damascus, MD, 20872-0535 or by sending email to billing@nwol.com, however, you are responsible for all charges submitted prior to the termination of your service whether by you or by NWOL.
2. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify NWOL of a breach of security by calling NWOL at 1-866-355-8899 immediately and change your passwords.
3. A billing cycle will begin on the date you set up your service and will continue for one month (or other billing period selected) from that date.
4. If you pay by credit card, you expressly authorize NWOL to bill such card on each successive billing date without obtaining additional permission after the initial charge. Credit card users shall notify NWOL of any changes in credit card number or expiration date. This authorization will remain valid until you terminate your authorization in writing.
5. If you pay other than by credit card, your account charges are due and payable prior to activation. Your statement will read "Networld Online". Your service with NWOL is a prepaid service. Your account will be considered to be in default if payment of your account charges is not received by the due date. Invoices are generated 20 days in advance of your due date. Accounts in default may have service interrupted or may be terminated. If your account is in default 15 days you are subject to a late payment fee of $2.50 or a service charge of 1.5 percent, which ever is greater. If you default on your account you agree to pay NWOL its reasonable expenses, including attorneys fees and collection agency fees incurred in enforcing NWOL's rights under NWOL's Acceptable Use Policy.
6. NWOL may immediately terminate your account, at its sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges. If any instrument received in payment is returned to NWOL unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $30.00. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.
7. You must promptly notify NWOL of changes to your credit card number, status or expiration date and your billing address.
8. NWOL will use reasonable commercial efforts to provide you with an online statement of charges. However, any failure of NWOL to provide you with an online statement of charges does not affect your responsibility to pay any incurred charges. Unless you notify NWOL of any errors or discrepancies in any billing within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the credit card company.
WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU RELEASE NWOL and NWOL HOST FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO NWOL WITHIN SIXTY (60) DAYS OF ITS PUBLICATION DATE.
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