Website Subscription Agreement

Website Subscription Agreement 

 

printerfriendlyMy desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

 

Subscription Service

Get Your Company Online is a subscription-based service that consists of a 7 page website, hosted on the GBN web server, and containing information and content provided by the subscriber.

 

Required Charges and Fees

There is a one-time startup fee associated with this service.

  • The fee is $250.00 for the basic web package.
  • The fee is $500.00 for the deluxe web package.
  • The custom package to be disclosed in a project proposal.

I require the full deposit to start the design process and a recurring monthly fee of $25.00.

 

There is a monthly fee associated with this service. The fee is $____$25.00_____.

 

Domain Registration

Domains registered by, or transferred to, GBN shall be coded as follows: The subscriber shall be listed as the registrant (i.e. owner); GBN Web Development Inc shall be listed as the administrator; The GBN registrar service provider shall be listed as the technical contact. Newly registered domains shall have an initial expiration period of 1 year. Transferred domains shall have their expiration period extended by one year.

 

Domain Renewal

GBN will send out Domain Renewal notices at least 3 months prior to expiration. Domain renewals will be subject to the charges and fees as listed on the GBN Website (www.gbnwebdevelopment.com).

 

Completion Date
GBN and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than 6 weeks from acceptance.

If the client does not supply GBN complete text and graphics content all web pages contracted for within six weeks of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client has not submitted complete text and graphics content within two months after signing of this agreement, an additional continuation fee of 10% of the total agreement price will also be assessed each month until the website is advertised.

Assignment of Project. GBN reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

 

Content Changes

Minor changes to the layout or content of the web page can be requested in writing/email by the subscriber. Changes requested during the first 7 days following initial publication of the web page, and agreed to by GBN, will be provided free of charge.

 

Payment Terms

a. Billing for the SUBSCRIPTION SERVICE shall be by valid credit card (acceptable to GBN) at the time of purchase. Your monthly payments for the SUBSCRIPTION SERVICE will be automatically charged to the credit card provided by you (and acceptable to GBN) at the time of your purchase (with such payments being charged in advance on a monthly basis, excluding any applicable free trial periods, if any) (“Monthly Subscription Service Fee”), and you hereby agree that GBN is authorized to so charge your credit card. GBN, in its sole discretion, shall determine the prices it will charge for the SUBSCRIPTION SERVICE, and the terms and conditions applicable to the same, and GBN may, upon providing thirty (30) days’ notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your SUBSCRIPTION SERVICE as provided herein within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for the new monthly SUBSCRIPTION SERVICE fee.

 

b. All invoices are due upon receipt. Delinquent bills will be assessed a $25.00 charge if payment is not received within 30 days of the invoice date. GBN reserves the right to suspend the SUBSCRIPTION SERVICE of subscribers with invoices greater than 60 days overdue.

 

c. Payment shall be by cash, check, or money order, in US dollars, payable to “GBN Web Development Inc.”.

Refund Cancellation Policy
And if after one month (30 days), you’re not 100% satisfied with the design that we have accomplished after (3) revisions, then simply email me with a short note asking for a refund. There are no refunds after (30 days ).

We do not refund partial months on any recurring month-to-month services. If you paid for a month and cancel the service before the month has begun, we will refund for the month. There are no refunds on any completed work. Work in progress may be cancelled, but payment will be due for work completed at that time. If your service is terminated due to violation of any of our policies a refund will not be issued.

Chargebacks
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.

Registration Process
To use any SUBSCRIPTION SERVICE, you must, in addition to selecting the SUBSCRIPTION SERVICE you desire to purchase, submit certain registration data. Such registration data shall include, but shall not be limited to, your name, address, e-mail address, and your credit card number and other billing information. You hereby certify that all of the registration data you provide to GBN is accurate and complete, and you agree to notify GBN within twenty (20) days of any changes to such data. GBN reserves the right, in its sole discretion, to refuse to provide a SUBSCRIPTION SERVICE to you for any reason. You agree that the WEB HOSTING SERVICE may alternatively be provided by a third party selected by GBN, in its sole discretion.

 

Ownership Rights
You agree and understand that the licensed GBN WEBSITE, and all graphic designs, style templates, icons, HTML code, programming code, and other graphic elements incorporated therein are the exclusive property of GBN. In addition, GBN owns all right, title and interest in and to GBN’s trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of the GBN WEBSITE SERVICE and the GBN WEBSITE. To the extent any trade names, trade marks, or other proprietary marks of third parties (“Third Party Marks”) are incorporated into any component of the SUBSCRIPTION SERVICE, you agree that such Third Party Marks are the intellectual property of such third parties.

Copyright to web pages. Copyright to the finished assembled work of web pages produced by GBN is owned by GBN. Upon final payment of this agreement, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. 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. Wilson Internet Service and its sub contractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Legal Stuff. GBN does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will GBN be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if GBN has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Restrictions
You may not copy, sell, redistribute, license, sublicense or otherwise give an GBN WEBSITE to any third party without GBN’s written consent.

Indemnification
You agree to defend, indemnify, and hold GBN and its contractors, agents, employees, officers, directors, affiliates and assigns harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and expenses) of third parties arising from or related to (a) any information, material, content products, or services available on your licensed GBN WEBSITE; (b) your use of the GBN WEBSITE MANAGER SERVICE, the WEB HOSTING SERVICE or the licensed GBN WEBSITE; or (c) any use of your licensed GBN WEBSITE. The obligations in this Section will not be limited in any way by any other provisions of this Agreement, including the limitation of liability section set forth above.

Termination without Cause

(a). By You
You may terminate this Agreement at any time upon notice to GBN as provided herein. Unless terminated earlier as provided herein, this Agreement will be terminated as of the expiration of the monthly billing cycle in which your Notice of Service Cancellation was received and processed by GBN.
(b). By GBN
GBN may terminate this Agreement at any time, without cause, upon thirty (30) days’ prior written notice to you.

Termination for Default
GBN may terminate this Agreement, without notice, if in the sole judgment of GBN you are in violation of any of the Usage Guidelines set forth herein. GBN may terminate this Agreement upon twenty (20) days’ written notice if in the sole judgment of GBN you are in default of any material provision of this Agreement (other than the Usage Guidelines) and you have not cured such default by the end of the twenty (20) days.

Effect of Termination
Upon any termination of this Agreement, your right to use the SUBSCRIPTION SERVICE (and, therefore, your license to use the GBN WEBSITE) will automatically terminate, and you shall immediately cease any use of the GBN WEBSITE and the SUBSCRIPTION SERVICE; GBN shall immediately cease providing the SUBSCRIPTION SERVICE. GBN will cease charging your credit card for the Monthly Subscription Service Fee as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by GBN, you will not receive any refund for monthly payments already made by you as of the date of termination. If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs GBN incurs in closing your account. You agree to pay any and all costs incurred by GBN in enforcing your compliance with this Section.

Notices
All notices must be sent either in writing or by e-mail, except as otherwise expressly provided herein. All written notices to GBN shall be delivered to GBN, admin@gbn-online.com. All notices to you shall be delivered to your e-mail address as provided in your account information (as updated by you pursuant to this Agreement). Either of us may change our respective address by written notice delivered to the other party. All notices delivered in writing hereunder must be sent by either overnight courier or certified mail, return receipt requested.

Miscellaneous
This agreement constitutes the entire agreement between you and GBN with respect to the SUBSCRIPTION SERVICE and your use of the GBN WEBSITE and supersedes all prior agreements between you and GBN pertaining to the same. GBN’s failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Interpretation and enforcement of this agreement will be governed by the laws of the State of Illinois, United States of America (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal courts in the State of Illinois and the state courts of Cook County, Illinois for any action arising out of or related in any way to this Agreement or relating to your use of the SUBSCRIPTION SERVICE (or any component thereof). Nothing in this agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and GBN, and you do not have any authority to create any obligation or make any representation on GBN’s behalf. Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other. You may not assign this agreement, by operation of law or otherwise, without GBN’s written consent. Subject to the foregoing, this agreement will be binding on, inure to the benefit of and be enforceable against you and GBN and their respective successors and assigns. Other than services provided as a part of the SUBSCRIPTION SERVICE, GBN is not responsible for and shall have no liability with respect to any products and/or services purchased by you from other parties, whether through the GBN Website or otherwise, and the provision of any such other products and/or services shall be subject to your agreement, if any, with the party providing the other products and/or services. The terms of this Section will survive any termination of this agreement.

Sole Agreement
The agreement contained in this ” Website Subscription Agreement” constitutes the sole agreement between GBN and the client regarding this website. Any additional work not specified in this agreement must be authorized by a written change order. All prices specified in this agreement will be honored for six (6) months after both parties sign this agreement. Continued services after that time will require a new agreement.

 

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