Terms & Conditions
Below are the terms and conditions of FixALink.com Web Site Maintenance. You agree to these terms and conditions by signing up for our maintenance program:
Subscription Period
FixALink.com Web Site Maintenance does not require any time commitment
from its clients. A client can stop using FixALink.com Web Site
Maintenance services by giving FixALink.com Web Site Maintenance one
month notice. If you choose to take advantage of our
discount plans please note that a 3 month minimum prepayment is
required. After the 3 month prepayment is completed, monthly
invoicing will begin. These is a minimum 1/2 hour charge per
request.
How Long Would it Take to Make Changes
FixALink.com Web Site Maintenance aims to make requested changes in the
Web Site within 24 hours and in most cases this timeframe is met. We will immediately inform
you if your requested changes to the Web Site would take more than 24
hours to complete.
Ownership and License of Deliverables
FixALink.com Web Site Maintenance owns all source code and materials
developed or created by its staff during this Project. Upon payment of
all amounts due, FixALink.com Web Site Maintenance grants Client a
perpetual, non-exclusive, non-transferable license to use the
Deliverables and materials developed by FixALink.com Web Site
Maintenance herein for all of your marketing and advertising needs, but
only for your own use. The Deliverables and other materials and the
FixALink.com Web Site Maintenance system may not be sold, transferred or
used except as provided herein or with the written permission of
FixALink.com Web Site Maintenance.
Items Not Provided as Services or Deliverables
Ad production, graphic design, audio/video materials, interactive media
development, infomercials and other advertising fulfillment services are
not included as services or Deliverables. Maintenance service is
limited to making changes in the web page contents, adding new pages,
and basic design work (FixALink.com Web Site Maintenance is the sole
decider if a design request is basic or not). FixALink.com Web Site
Maintenance would charge its fee for any new feature added to the Web
Site. Maintenance client would know about the costs in advance and have
agreed to pay the fees in writing before FixALink.com Web Site
Maintenance would start on the changes.
Confidentiality
To execute this Web Site properly, FixALink.com Web Site Maintenance
will need access to certain confidential information of your company,
including future plans, business strategies, and other proprietary
information (collectively, the "Confidential Information"). FixALink.com
Web Site Maintenance agrees that it will take reasonable steps to assure
that Confidential Information is not divulged, disclosed, or
communicated to any third party without the prior written consent of The
Client. Confidential Information shall not include information
previously known to FixALink.com Web Site Maintenance, properly received
from a third party or in the public domain.
Dispute Resolution
If the parties hereto should have any dispute arising out of or relating
to this Agreement or the parties’ respective rights and duties
hereunder, then the parties agree to refer the matter to binding
arbitration by the American Arbitration Association under its Commercial
Rules.
No Limit on FixALink.com Web Site Maintenance Engagements
FixALink.com Web Site Maintenance and Consultant are not limited in any
way in pursuing other business engagements, provided however, neither
will disclose Confidential Information of Client in any such engagement.
Client agrees that this Agreement does not prevent FixALink.com Web Site
Maintenance from providing similar services to other clients using the
general marketing concepts and the know how and experience gained
hereunder or from developing products or services which might be
competitive with the Deliverables and materials provided hereunder.
Information and Audit Rights
If the Agreement includes any form of Participation, contingent or
success payment provision, FixALink.com Web Site Maintenance shall have
full access to the books and records of Client which could bear upon, or
lead to information that might bear upon proper payment of such amounts.
Such right shall extend to principals of and/or professionals engaged by
FixALink.com Web Site Maintenance, and shall include the right to copy
any such materials.
Pricing
FixALink.com Web Site Maintenance would inform client upfront and get
permission before doing any work that would result in an additional
fees.
Non-Payment by Client
In the event of non-payment by the client, FixALink.com Web Site
Maintenance reserves the right to discontinue its services and bring the
Web Site down. Client may need to pay a one-time fee and revised
subscription fee to restart the website. If a payment by check
bounces, the client is expected to pay a $25 fee.
Entire Agreement; Amendment
This Agreement contains the entire agreement of the parties and there
are no other promises or conditions in any other agreement whether oral
or written. This Agreement supersedes any prior written or oral
agreements between the parties. This Agreement may be modified or
amended if the amendment is made in writing and is signed by both
parties.
