Hosting Policy
1. Authorization. The above-named client is employing Travelling East LLC, a INC, located at 4371 SW 12 Street, Miami, FL 33134, for the specific project of Travelling East LLC. By signing this document, Client and Travelling East LLC, agree as to the legitimacy of this contract.
2. Project Elements. Please review the approved Proposal and Estimate for the Project Details and Fees.
3. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance for the first 90 days after the website is completed, including updating links and making minor changes to a sentence or paragraph. It does not include drastic maintenance such as removing nearly all the text from a page and replacing it with new text.
Changes requested by the client beyond those limits will be billed at the hourly rate of $25, with a one hour minimum per update. If you believe that your website will need to be updated frequently, please contact us for pricing of maintenance packages.
This rate shall also govern additional work authorized beyond the maximums specified above for services such as general internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, photo editing, graphics services, and helping clients learn how to use their own webpage editor. Programming / Scripting charges are billed at the hourly rate of $25, with a one hour minimum per update.
4. Changes to Submitted Text. Please send us your finalized text. Time required to make substantive changes to client-submitted text after the web page has been constructed will be considered additional time and invoiced at the hourly rate of $25.
5. Web Hosting. By using Travelling East LLC’s, website hosting services, you agree to the terms listed at the below website URLS. This clause shall not be applicable when hosting files reside in a server other than and/or beyond Travelling East LLC’s administrative privileges.
6. Assignment of Project. Travelling East LLC reserves the right to assign subcontractors to this project to ensure on-time completion.
7. Limitation of Liability. In no event shall Travelling East LLC 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, if Travelling East LLC has not previously 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.
8. Copyrights and Trademarks. The client represents to Travelling East LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Travelling East LLC for inclusion in the project 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 Travelling East LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
9. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Travelling East LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
10. Client and Third Party Site Modifications. Travelling East LLC is not responsible for any changes made to the site by any other party, or an authorized agent. If the client or an agent other than Travelling East LLC attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate of $50, and is not included as part of the updating time.
11. Copyright & Ownership to Webpage’s & Domain. Copyright to the finished assembled work of web pages produced by Travelling East LLC belongs solely and exclusively to the client upon final payment of this contract. Travelling East LLC is assigned rights to the use and the ownership of the website, design, graphics, and text contained in the finished assembled website and print templates. Rights to photos, graphics, source code, work-up files, and computer programs are specifically transferred to the client, and remain the property of their respective owners. Any licensed software not developed by Travelling East LLC (such as CGI, Pearl, PHP scripts) may be owned by another software company that has granted Travelling East LLC the right to initiate it into the client’s website, and does not grant the client ownership of the script. Travelling East LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios, unless otherwise specified by the client. The client retains ownership of the domain name(s) bought through Travelling East LLC after the invoice is paid in full. Travelling East LLC reserves the right to withhold property such as domain names and copyright ownership if the client is in debt to Travelling East LLC.
12. Payment of Fees. In order for Travelling East LLC to keep its rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a $20 charge if payment is not received within 3 days after the due date. If an amount remains delinquent 7 days after its due date, an additional 5% penalty will be added for each month of delinquency. Travelling East LLC reserves the right to remove web pages from viewing on the internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process.
13. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between Travelling East LLC and the client regarding the project outlined above and in the approved proposal. Any additional work not specified in this contract must be authorized by a written change order.
14. Initial Payment. Payment of the base fee will be made as follows: The total cost of the project will be made from the client in 1 payment in the amount of $120.00. All payments should be made by check or PayPal to Travelling East LLC. 4371 SW 12 Street, Miami, FL 33134.
15. Refund Policy. The client may halt work and request for a refund within 3 days of the date of this contract by mailing a certified letter to the Director of Travelling East LLC, 4371 SW 12 Street, Miami, FL 33134.
16. Miscellaneous. This contract shall be governed by the substantive laws of the State of FL without regard to conflict of law principles. The contract constitutes the entire understanding and agreement between the parties hereto and their affiliates with respect to its subject matter and supersedes all prior or contemporaneous agreements, representatives, warranties and understandings of such parties (whether oral or written). No promise, inducement, representation or agreement, other than as expressly set forth herein, has been made to or by the parties hereto. This letter may be amended only by written agreement, signed by the parties to be bound by the amendment. Evidence shall be inadmissible to show agreement by and between such parties to any term or condition contrary to or in addition to the terms and conditions contained in this letter. This letter shall be construed according to its fair meaning and not strictly for or against either party.
17. Summary. This project is a series of Website re-design, database migration & e-commerce solutions. Our agreed fees for the services we describe above in total is $12.00 All payments will be made in US funds.
18. Content Limitation of Liability. Client will ensure that all content provided to Travelling East LLC is owned and developed by client. Client waives any liability of copyright infringement upon Travelling East LLC or its partners (Rebel Networks) that may occur due on the site that Travelling East LLC is hosting. Client understands Travelling East LLC is not responsible for any content that may be deemed slanderous, libelous or defamatory to any third-parties. Client authorizes Travelling East LLC to remove any content on hosted content at Travelling East LLC’s. Client agrees to inform Travelling East LLC of any legal matters that the site may be involved with (whether written or oral) within 12 hours in order for Travelling East LLC to take action. Client agrees that nature of content on the site will be tasteful, not-obscene or defamatory in nature.
To the maximum extent of the law, in no event shall Travelling East LLC be liable to client or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (inclduding negligence), breach of warranties, either express or implied, any breach of this agreement, your inability to use the software or services, server downtime, website inaccessibility, your loss of data or files or otherwise, even if Travelling East LLC has been advised of the possibility of such damages.
Some states may not allow such a broad exclusion or limitation on liability, so the above may not apply to client.
Client agree to indemnify and hold us, Travelling East LLC, rebel networks, its affiliates, owners, directors, agents, subsidaries, and employees harmless from any claim or demand, including attorney fees, made by client or any third party from the use of instructions, utilities, management interface, files, loss of data, server downtime, website inaccessability, breach of this agreement, or any other reasons. Notwithstanding the foregoing, the liability of Travelling East LLC for damages caused by negligence on the part of Travelling East LLC or other penalties assessed by law, is limited to $20.
Client agrees to hold Travelling East LLC free of any and all claims. Travelling East LLC, Rebel Hosting, its affiliates, owners, officers, directors, agents, subsidariaries, and employees are not responsible for any direct, indirect, or consequential damages, regardless of the use, nonuse, or misuse of any information, files, or in contained herein.
Travelling East LLC reserves the right to terminate client’s service at any time, with or without cause. Client is not entitled to a refund should Travelling East LLC do so. Travelling East LLC may terminate client’s service if they are using Travelling East LLC services for spam or morally objectionable content, as determined by Travelling East LLC in its sole discretion.
19. Webhosting Down/Uptime: Travelling East LLC agrees to have hosted website up for 24 hours/7 days a week until the contract’s expiration. If no renewal is established, the contract will be terminated under its due course and the website will be removed from our servers within 24 hours of contract’s expiration date.
There will be times that our servers may be down for maintenance, migration or backup. Travelling East LLC may periodically back up files or make electronic copies of any content on our server. You authorize us to perform such actions with your files and data.
20. Spam Emails: If at any time client sends unsolicited email (SPAM) through Travelling East LLC’s servers, client may be assessed a penalty for each email sent. Travelling East LLC have a zero tolerance policy for SPAM. You are not allowed to send more than 2000 emails per day. Remember, since SPAM is not allowed, this means 2000 non-SPAM emails. If you expect to be sending more emails please contact us in advance to arrange for this.
21. Hosted Content: If at any time client hosts viruses, malicious scripts, illegal material, hate content, or other prohibited files, client’s account may be terminated without notice. Client agrees that they are legally permitted to enter into contracts, and they understand that they are bound by this agreement. Client agrees that they will not host viruses, malicious scripts, illegal material, or hate content. They agree that their website will not host multi-level marketing (MLM) programs, "phishing" schemes or any other type of scams or illegal content (including, but not limited to, pirated software, hacking tools, unlicensed files, or warez material). Client agrees to not host any type of anonymous gateway or proxy scripts. Client agrees that they will not send SPAM or unsolicited email from our servers.
Client may at no time attempt to cause harm to a server of Travelling East LLC. Client may at no time use the server for "scamming" or false representation.
Travelling East LLC will attempt to contact client via both email and phone should they exceed their stated bandwidth/transfer limits. If Travelling East LLC is unable to do so within a reasonable time period, Travelling East LLC reserves the right to automatically disable these accounts. If client exceeds their allotted bandwidth/transfer allowance, they will be charged $1 per GB transfer overage. Travelling East LLC may, at its own discretion, assess fees for excessive account utilization beyond our stated levels (as found on the plan details page of our Travelling East LLC website).
Travelling East LLC may edit these terms at any time, and they will immediately become binding. It is your responsibility to monitor changes of our Terms & Conditions. At no time will Travelling East LLC provide any of your details to third parties unless required to do so by law.
22. Additional Terms: Should any paragraph of this agreement be deeming invalid, all other paragraphs shall survive termination or cancellation of this agreement.
23. Updates: A copy of this Travelling East LLC’s hosting guidelines can be found at our website at: http://www.travellingeast.com/hosting_policy.html
updated 08/01/09