License & Service Agreement
In Consideration of Agreement set forth herein by the parties, the receipt and sufficiency of which are hereby acknowledged The Parties agree as Follows:
- That the Agreement and its attachments (exhibits) constitute the full agreement between Warrior Webmasters and the “Client”, and that the contents thereof are binding and supersedes all prior agreements, written or unwritten. The provider reserves the rights impliedly given to the customer hereunder, and as such until signed by the corporate officer of the provider, this agreement constitutes an offer.
- That the Client undertakes to pay Warrior Webmasters for the goods and/or services provided, and as such this agreement constitutes a contractual agreement under which the running period of 2 Years will constitute the period agreed upon between the Client and Warrior Webmasters. The Terms will continue to automatically renew for the extension term until such a time the Client terminates the contract as per termination terms provide herein
- Website hosting shall be paid $20 per month for 24-month contract periods. Total due at signing is $480 without a monthly service fee. Contracts are automatically due for renewal in 2 years; regardless if you receive a notice or not it is the client’s responsibility to make sure payments are made to maintain the Website before expiration. Non-payment to Warrior Webmasters will be considered a cancellation of contract and the site will be removed and deleted. Warrior Webmasters EIN 81-5083343I. Website hosting shall be paid $20 per month for 24-month contract periods. Total due at signing is $480 without a monthly service fee. Contracts are automatically due for renewal in 2 years; regardless if you receive a notice or not it is the client’s responsibility to make sure payments are made to maintain the Website before expiration. Non-payment to Warrior Webmasters will be considered a cancellation of contract and the site will be removed and deleted. Warrior Webmasters EIN 81-5083343
- All checks should be made payable to Warrior Webmasters and mailed to P.O. Box 6172 Napa, CA. 94581. All billing enquiries should be emailed to email@example.com. Or you may pay by Credit Card. There is a separate Credit Card form to fill out if you prefer to pay with this option.
- A Check returned to the provider will result in a $35 Bad Check Fee and the contract Cancelled.
- A Credit Card declined to the provider will result in a cancellation of the contract.
- Warrior Webmasters obligations and Clients rights will have force only if the timely payments as per provisions herein are met. Customers that fail to honor their obligations will reimburse the provider for collection fees and/or attorney fees.
- Warrior Webmasters reserves the right to revise the charges for the services and products provided. Such revisions will be put in writing 30 days before renewal to the Client.
Copyright, Licenses and Trademarks
- The contents of Warrior Webmasters Website, Website Designs, Website Development, and any other service offered are protected by Domestic and International Copyright Laws. You shall not modify, copy, reproduce, republish, upload, post, transmit or distribute without express written authorization from the corporate office of the Warrior Webmasters.
- The Provider, (Warrior Webmasters), reserves all rights, title and interest to all software in the Warrior Website suite.
- License Agreements stated herein will terminate upon any material breach of contract by the customer.
- Customers shall be responsible for the acquisition of any Hardware, Software, App, or technical knowhow to be able to use services or products provided by Warrior Webmasters.
The Client retains the responsibility of the content sent to Warrior Webmasters for Web designing, and such customer will notify the provider of amendments thereof within five days of sending such content.
The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Warrior Webmasters are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Warriorwebmasters.com from any liability or suit arising from the use of such elements.
Confidentiality & Trade Secrets
The Client agrees to keep trade secrets and that shall not reveal such secrets to any unauthorized person(s) except for purposes contemplated by the contents of this agreement. Confidential Information, for all purposes intended shall mean; any information, tangible and intangible relating to the business of the provider, including; usernames, passwords, specifications, manuals, cost and price data.
Website Development and Hosting
- Website development is the property of Company herein referenced as Warrior Webmasters. No content can be added and/or removed from such sites once completed without the permission of the Company. The reason for this provision is such changes could adversely affect the S.E.O. (Search Engine Optimization) or disable the site. If you make such changes without the knowledge of this company you would be held responsible and charged for Warrior Webmasters at the rate of $95 per hour to fix any and all problems.
- Failure of either party to complete a website within 30 days from Contact signed date will put this contract in default. A simple email from the Client to extend the agreement for an additional 30 days must be submitted and approved or the Contract is cancelled and a full refund is issued.
- Transferring a Website from our hosting can be done only with a 30-day notice and all monies are still due to honor the original agreement. We will gladly work with your company or a 3rd party to remove the site from our hosting to another account. However, we will not be responsible for any lost data, logos or pages during this transfer.
- If a Client chooses to not host with Warrior Webmasters we will still develop a site and there is no discount in our fees. $480 is still due every 2 years.
- I.T. or website development services are charged at $95 per hour.
- If the Client needs minor updates or changes we will handle at no charge to the customer. Minor updates include an address change, phone number change, a client wishing to change a page that has already been written or logo change. Major changes which include the client needing the company to re-write the changes would be charged at a fee disclosed pending what changes are necessary. The customer in the end is responsible for the changes and can decide if they wish this company to make the changes. We will not work or be held responsible for a 3rd party who wishes to make changes to the site. If a client hires or wishes a 3rd party to work on the Website we reserve the right to remove it from our hosting. Viruses or malware could affect other clients who have hired this company and this serves as a reason to protect the whole.
- Warrior Webmasters reserves the right to amend and change this contract with written 30-day notice to the client(s).
- Termination of Services may be executed by the provider if:
- The customer maintains overdue accounts and/or delinquent payment a period exceeding 10 days after provider’s written notice, notifying the customer of the same.
- The customer, upon the culmination of initial term or subsequent extended term sends a termination letter, or 30 days prior to the final day of the initial term and/or extended term.
- Either of the parties to the agreement fails materially to honor the provisions of this agreement
Upon termination of the contract, its provisions cease to have the force of law if;
- The customer ceases use of the services and goods provided by the provider and,
- All outstanding amounts due are remitted to the provider
The provider disclaims any warranty of merchantability or fitness of particular purpose. The provider disclaims any responsibility due to system failures arising from but not limited to; power failures, power malfunctions, software malfunctions, and email and fax interruptions.
Additionally, by signing this agreement both companies understand and voluntarily agree that any dispute regarding the terms of this agreement or termination of this agreement, (including claims of discrimination and/or harassment) that either party might have against one another will be resolved exclusively in accordance with binding arbitration governed by the Federal Arbitration Act, and carried out in conformity with the procedures of the California Arbitration Act. Although I understand that signing this arbitration agreement is not required as a condition of our agreement, I desire to take advantage of the benefits of arbitration and, being that this is a mutual agreement to arbitrate, understand that the company and I give up the right to trial by Jury and instead will have our claims resolved by a retired California Superior Court Judge.