- Definition of Terms
TOP CHURCH WEBSITES: Mailing address is 745
Vanderville Dr, St Louis MO 63026
CLIENT: Named in the application form
HOST: Hosting Company selected by TOP CHURCH WEBSITES
CONTRACT: This agreement is listed below.
- Authorization
The above named CLIENT is engaging TOP
CHURCH WEBSITES, as an independent contractor for the specific project of
developing and/or improving a World Wide website to be installed on the CLIENT’s
web space located on a HOST’s computer. The CLIENT hereby authorizes TOP CHURCH
WEBSITES to access this HOST account, and authorizes the HOST to provide TOP CHURCH
WEBSITES with any necessary "write permission" for the CLIENT’s web
page directory and any other directories or programs which need to be accessed
for this project. The CLIENT also authorizes TOP CHURCH WEBSITES to publicize
their completed website to Web search engines, as well as other Web directories
and indexes.
- Warranties
TOP CHURCH WEBSITES 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
CHURCH WEBSITES 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.
- Standard
Website Development
- 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 fifty web pages will be constructed in the
content management system by TOP CHURCH WEBSITES. 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 graphic is 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.
- Installation of Web pages on the CLIENT’s HOST
computer.
- TOP CHURCH WEBSITES will ensure that the
CLIENT's website will display and function properly with all major web browsers
(browsers with greater than 5% market share).
- A maximum of two revisions will be included to
the draft website at no extra cost to create the look and feel that is desired.
Further revisions will require a separate quote ($100 minimum).
- Minor updates and changes to existing Web pages
for 2 weeks from completion of website.
- Standard Website Hosting and Support Services
- TOP CHURCH WEBSITES 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 CHURCH WEBSITES to establish an Internet
web site.
- Domain name search and advice. If a domain name
is needed for the website, TOP CHURCH WEBSITES 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 CHURCH WEBSITES will complete the necessary forms to register or transfer a
domain name as selected by the CLIENT. Although TOP CHURCH WEBSITES will submit
forms to register a requested domain name in a timely fashion, TOP CHURCH
WEBSITES does not guarantee the availability of any domain name.
- The sending of spam, or Unsolicited Bulk Email
(UBE) is not permitted on accounts hosted by TOP CHURCH WEBSITES.
- Website hosting and support includes features
and restrictions as found on electronic media at http://www.topchurchwebsites.com/
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 content management
system (CMS) software updates to ensure that the CLIENT's website continues to
be secure and function with all major browsers.
- Website support will correct any website
malfunctions or errors that may arise as a result of the content management
system configuration.
- Website support includes backups of the
CLIENT's website files and database, as well as restoration of the website if
it becomes corrupted or inoperable, according to the plan selected.
- Website support includes email support and
documentation on CLIENT website questions and training.
- Website support does not include correction of
mistakes made by the CLIENT using the CMS website manager or other website
creation tools.
- Website support does not include modifications
to the approved website design, graphics or content management system setup,
including the menu system.
- Fees.
TOP CHURCH WEBSITES 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 CHURCH WEBSITES
will begin creation of the CLIENT website. Upon completion of the website
design by TOP CHURCH WEBSITES 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 CHURCH WEBSITES 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.
Monthly support fees vary by type of plan chosen by the CLIENT. The
various plan differences and prices are available at www.topchurchwebsites.com
and may be periodically updated. TOP CHURCH WEBSITES 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 are subject to periodic increases by TOP CHURCH WEBSITES. Upon termination
of the monthly support fee by the CLIENT, the CLIENT's website will be taken
offline.
- Payment.
All services agreed to in this CONTRACT,
shall be sold for the current price specified on TOP CHURCH WEBSITES website www.topchurchwebsites.com.
Payment shall be by check, or money order, in US dollars, and made payable to “TOP CHURCH WEBSITES” or preferably via
electronic payment on the TOP CHURCH WEBSITES website for the setup and design
fee. The monthly support fee may only be paid by recurring electronic payment
on the TOP CHURCH WEBSITES website.
- Payment
Terms.
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 or of TOP CHURCH WEBSITES 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.
- Completion
Date.
TOP CHURCH WEBSITES 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 CHURCH WEBSITES 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.
- Assignment
of Project.
TOP CHURCH WEBSITES reserves the right to
assign subcontractors to this project to insure the right fit for the job as
well as on-time completion. TOP CHURCH WEBSITES will be responsible for the
final results of the project.
- Additional Services.
Any revisions, additions or redesign
CLIENT wishes TOP CHURCH WEBSITES to perform not specified in this document
shall be considered "additional" and will require a separate quote, agreement
and payment.
- Copyrights
and Trademarks.
The CLIENT represents to TOP CHURCH
WEBSITES and unconditionally guarantees that any elements of text, graphics,
photos, designs, trademarks, or other artwork furnished to TOP CHURCH WEBSITES
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 CHURCH WEBSITES and its subcontractors from
any claim or suit arising from the use of such elements furnished by the
CLIENT.
- Age.
CLIENT certifies that he or she is at
least 18 years of age.
- Limited
Liability.
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 CHURCH WEBSITES from any claim resulting from CLIENT’s publication
of material or use of those materials. CLIENT hereby agrees to indemnify and
hold harmless TOP CHURCH WEBSITES in any claim resulting from the submission of
illegal materials.
If TOP CHURCH WEBSITES 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 CHURCH WEBSITES, 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 CHURCH WEBSITES for any reason.
Under no circumstances, including
negligence, shall TOP CHURCH WEBSITES, 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 CHURCH WEBSITES’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
CHURCH WEBSITES’s records, programs or services. CLIENT hereby acknowledges
that this paragraph shall apply to all content on TOP CHURCH WEBSITES’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 and
any reasonable attorney’s fee and court costs.
- Indemnification.
CLIENT agrees that it shall defend,
indemnify, save and hold TOP CHURCH WEBSITES harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney’s fees,
("Liabilities") asserted against TOP CHURCH WEBSITES, 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 CHURCH WEBSITES 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 CHURCH WEBSITES’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.
- Laws
Affecting Electronic Commerce.
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 CHURCH WEBSITES and its subcontractors
from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of
Internet electronic commerce.
- Copyright
to Web Pages.
Copyright to the finished assembled work
of Web pages produced by TOP CHURCH WEBSITES is owned by TOP CHURCH WEBSITES.
Upon final payment of this CONTRACT, the CLIENT is assigned rights to use as a
website the design, graphics, and text contained in the finished assembled
website only on a TOP CHURCH WEBSITES HOST computer while maintaining monthly
support fee payments. 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 CHURCH WEBSITES and its
subcontractors retain the right to display graphics and other Web design
elements as examples of their work in their respective portfolios.
- Authorship
Credit.
CLIENT must include a byline and link on
the bottom of their Web Page establishing authorship credit to TOP CHURCH
WEBSITES.
- Non-Disclosure.
TOP CHURCH WEBSITES, 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.
- Refusal of
Service.
TOP
CHURCH WEBSITES reserves the right to refuse service for any web site or
material that that it feels is not legal, moral, or in the best interests of TOP
CHURCH WEBSITES. TOP CHURCH WEBSITES is not responsible for the content of any
web site. TOP CHURCH WEBSITES may cancel this contract for failure of the CLIENT
to abide by its terms.
- Cancellation.
In the event that work is cancelled at the
request of the CLIENT, no further fees will be assessed after the payment of the
initial 50% design and setup fee. In the event of cancellation, TOP CHURCH
WEBSITES shall own all rights to the Work. The CLIENT shall assume
responsibility for all collection of legal fees necessitated by default in
payment.
- Refund Policy.
None of the setup and design fees or the
monthly support fees are subject to refunds.
- Arbitration.
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 CHURCH WEBSITES.
- Payment
of Fees.
In order for TOP CHURCH WEBSITES to remain
in business, payments must be made promptly. Invoices are due upon receipt.
Delinquent bills will be assessed a $25.00 charge if payment is not received
within 10 days of the due date. If an amount remains delinquent 30 days after
its due date, an additional 10% penalty will be added for each month of
delinquency. TOP CHURCH WEBSITES reserves the right to remove Web pages 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.
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.
- Entire
Understanding.
This
CONTRACT constitutes the sole agreement between TOP CHURCH WEBSITES 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.
