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Computer Support Group (CSGNetwork) |
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| Name: | ||
| Business Name ("Client"): | ||
| Having its principal place of business at: | ||
| Address: | ||
| City: | State: | Zip: |
| Phone: | Fax: | |
| E-Mail: | ||
And: Computer Support Group, Inc. ("CSGNetwork"), a California corporation with ownership of CSGNetwork.Com and all related CSGNetwork services, having its principal place of business at:
2972 Vincentia Road
Palm Springs, CA 92262
Phone: 760-327-8289 Fax: 760-327-8299
E-Mail: webmaster@CSGNetwork.com.
In consideration of Client retaining CSGNetwork to design or redesign, and/or host, and/or build, and/or maintain a website for Client, it is agreed as follows:
1. Compensation, Term and Governing Law
The above named Client retains Computer support Group, Inc. ("CSGNetwork"), known throughout this Contract document as "CSGNetwork". CSGNetwork agrees to perform one or more of the following services: designing or redesigning, and/or building, and/or hosting, and/or maintaining a website for Client according to specifications agreed upon, and detailed at the bottom of this Contract, between CSGNetwork and Client.
Term for maintenance or construction shall be until the agreed upon website or Internet service work is completed, or until the time frame specified has expired. Hosting shall remain in effect until terminated by one party or the other, giving one calendar quarter's notice, unless mutually agreed in writing to a different time frame.
Date to provide content to CSGNetwork:__________________ Date work is to be reviewed by Client:__________________
Date for CSGNetwork to begin work:__________________ Date work is to be completed by CSGNetwork:__________________
Modifications by either party shall change the time frame of completion by mutually agreed upon dates, in writing. Bi-directional confirmed E-Mail is acceptable for Agreements to amend this Contract for changes of time frame. Customer proposes his preference for domain names, including spelling, as follows:
1._______________________________________________
2._______________________________________________
3._______________________________________________
4._______________________________________________
5._______________________________________________
6._______________________________________________
CSGNetwork, if so empowered, will attempt to secure one or more of the names, in the order indicated, for the Client, on behalf of the Client. If the Client already has such domain names registered, Client will specify CSGNetwork's role in further assisting with such names. The details of such names should be fully specified in the mutually agreed upon specifications. Client is responsible for providing any and all logins and passwords for Client controlled registration and DNS access. CSGNetwork assumes no responsibility for Client controlled registration and DNS functions.
No specific time for initial registration, registration modification, or DNS changes is guaranteed by CSGNetwork as those functions are the responsibility of the registrar. Anticipated guideline times are as follows:
New registrations - Up to 7 days.
Change registrations - Up to 21 days.
DNS changes - Up to 72 hours.
Client is solely responsible for supplying acceptable website content, authoring, organization, images in generally acceptable Internet format and density (.GIF or .JPG, 640x480) file format, unless CSGNetwork is retained specifically for this purpose or for modification of images in camera ready form, and it is stated in the agreed upon specifications. Scanning, other image formats, very high densities and non-standard media may be subject to additional graphics charges. If all text and graphics necessary to complete the work are not received by CSGNetwork within 30 days from the date of Contract (unless mutually agreed otherwise), the balance of Contract payment may become due and payable upon request of CSGNetwork. Any products or services not specified in this Contract are not required of CSGNetwork. Client is responsible for all text, spelling, literary intent and subsequent proofing of same, even if CSGNetwork has been retained to assist in such text functions. Client is responsible for providing any and all logins and passwords for FTP and server access on any server other than one provided and maintained by CSGNetwork. Under no conditions will CSGNetwork build, host, redesign or otherwise maintain any site that is adult in content, anti-Christian, anti-family values or in any way promotes violence, hatred or anti-American sentiment. If such content appears on a site hosted by CSGNetwork, the site will be removed immediately and terminated from service. Fees for such termination and removal will be at the Client's expense.
The following standard but specific charges and fees shall apply:
A fee in the amount of $________ to complete the agreed upon work. 50% of said fee is due after initial consultation and before work is begun; a specific due date will be issued by CSGNetwork in the form of a detailed billing. The remaining 50% shall be due and payable when work is completed and shall be received before website is uploaded to it's final destination and made live. That also will be specifically billed by CSGNetwork. PLEASE NOTE: This afore mentioned fee does not include: the cost of domain registration, domain management, domain security, hosting set up fee, hosting, hosting maintenance and server changes, scripts (of any type), E-Mail outgoing or incoming services, merchant account, databases, filtering, secure online authorization, shopping cart or other services or commodities unless specified in this Agreement. Each service is fee based and will be specifically quoted upon request.
A fee in the amount of $________ to register the domain with the business division of Network Solutions, the most reputable registrar on the Internet and the only one that we use. That fee covers a term of _____ year(s). CSGNetwork will issue to you a specific beginning and ending date for the domain registration.
A fee in the amount of $________, due quarterly, to host the domain on our server ___, or on a CSGNetwork provided dedicated server of your own ___. That fee covers a term of _____ year(s). Client has no liability for repairs or service of the server hardware provided by CSGNetwork.
A fee in the amount of $________, due quarterly, to provide E-mail services on our server ___, or on a CSGNetwork provided dedicated server of your own ___. That fee covers a term of _____ year(s).
A fee in the amount of $________, due quarterly, to post the domain with specified search engines on a periodic basis of ___________________. That agreed upon fee covers a term of _____ year(s) and can be re-negotiated at the end of that time period, as can all fees upon term completion.
A graphics labor charge in the amount of $________, due prior to live site time, is a one time fee to cover the specific graphic services mentioned in the mutually agreed covenants. Graphics media and conversion charges may also apply.
A provision fee for FTP services in the amount of $________, due quarterly, is to cover the Client's requested FTP access to the hosted server.
Maintenance, if included in this Contract, shall be on a perpetually due quarterly basis of $_______, with a minimum of $100.00 in any quarter where updating is necessary. Fees will be assessed on an hourly basis at $40/hr, unless otherwise approved in advance. No fee will be charged in a quarter where no updating or security maintenance is necessary. Search engine optimization, beyond the basic submission included herein shall be Contracted on the same basis as maintenance.
Search Engine fees, if included in this Contract, shall be on a perpetually due quarterly basis of $_______, with a minimum of $100.00 in any quarter where Contracted posting is done. Fees will be assessed on an hourly basis at $40/hr, unless otherwise approved in advance. No fee will be charged in a quarter where no posting is done.
CSGNetwork (owners, employees and sub-contractors) agrees to complete this project within the estimated budget, unless Client requires additional work or services not agreed upon, or if Client requires multiple design drafts or repeated changes which would significantly increase work required of CSGNetwork. CSGNetwork will not charge any fees in addition to those specified in this Contract without first consulting the Client and reaching an Agreement regarding this. If it becomes necessary for CSGNetwork to bring legal action to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including reasonable attorney's fees. This agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the State of California.
This Agreement shall commence on the date stated above, and shall remain in effect until all obligations under this Agreement have been properly completed.
2. Warranties by CSGNetwork
CSGNetwork represents and warrants to Client that it has the experience, certifications, credentials, equipment, technology, expertise and ability to perform the services required by this Agreement; that it will perform said services in a professional and competent manner, and that it has the power and legal position to enter into and perform this Agreement. However, Client will not determine or exercise control as to general procedures, formats or sub-contracting necessary to have these services meet Client's satisfaction. CSGNetwork shall make every effort to provide security for the site but cannot be held liable for forces beyond our control. Acts of sabotage, cyber-terrorism, scams, spamming, viruses, fraud, identity theft or other such violations of the law are not the responsibility of CSGNetwork. While CSGNetwork may (if agreed upon mutually) provide secured credit card services to the Client, CSGNetwork is not responsible for any credit card transaction rejections, authorizations, holdbacks, chargebacks, retainage, deductions or any other actions initiated or required by the credit card holders, customers, banks, companies or processors.
3. Independent Contractor
CSGNetwork acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture unless so indicated in the mutual Agreement section of this Contract.
4. Confidentiality
CSGNetwork recognizes and acknowledges that this Agreement creates a confidential relationship between CSGNetwork and Client and that information concerning Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as "Confidential Information."
5. Non-Disclosure
CSGNetwork agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement, it will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client. Copyrights are retained by CSGNetwork.
6. Grant
Client agrees that copyrights to CSGNetwork's work product produced in the performance of this Agreement shall remain the exclusive property of CSGNetwork, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without CSGNetwork's prior written consent. Any rights granted to Client under this Agreement shall not affect CSGNetwork's exclusive ownership of the work copyright. Client also agrees to hold CSGNetwork harmless for any site content validity or copyright violations, when supplied by Client, approved or authorized by the Client. It is the Client's responsibility to verify content statements, claims, credibility and authenticity.
7. CSGNetwork agrees to design, build, install, and/or maintain a website for Client according to agreed upon specifications below, including HTML validated for search engine friendliness, link check reliability, custom graphics, header or logo as specified, all pages and links necessary to display products and/or services of Client. CSGNetwork shall also prepare the site for search engine submission (and possibly do the submission if so specified), which shall include analysis of text for keyword content, appropriate tags for images, preparation and installation of keyword and content meta tags, and readiness for submission to major search engines. If engaged to submit, presently we submit to Yahoo (Yahoo charges a $________ fee to review your site (others may as well); this cost is the Client's and is in addition to other fees included in this Contract), Open Directory, NBCI, Northern Light, Alta Vista, HotBot, Direct Hit, Excite/Webcrawler, Fast/All the Web, Google/Yahoo Web Pages, and Lycos. (Due to the volatile nature of search engines, companies owning them, policies and thus, associated submission practices and procedures, may be subject to change.) CSGNetwork may include other search entities if it feels that they are beneficial to the Client and retains the right to select which engines and listing facilities are involved. CSGNetwork does not guarantee listings on search engines and listing facilities as they alone determine who they will list and who they will not. CSGNetwork will provide one calendar quarter (90 days) of minor changes and/or updates and up to two hours of consultation at the completion of the site. This work shall be completed for the above stated fee or fees. CSGNetwork does not explicitly or implicitly portray a normal service site up time. Although we expect the site to be operational 99.999% of the time, servers, routers, switches and other internet hardware and software must be maintained periodically. Such equipment, much of which is not under the control of CSGNetwork and other factors that are beyond our control can be the determining factor as to site availability. We make no up time guarantees, nor do we imply, any such guarantees. If maintenance is scheduled, the site representative for the Client will be notified in advance. CSGNetwork does not warrant the website's fitness of appearance within non-mainstream browsers, although every effort is made for compatibility. At present the mainstream Windows browser target is Microsoft's Internet Explorer, as delivered on each Microsoft operating system. Although we make no guarantees, our browser compatibility with Apple type OS computers, Netscape, AOL, Linux and UNIX has been very good.
Mutually Agreed Contract Specifications
As stated in detail on an individual basis:
IN WITNESS WHEREOF, Client and CSGNetwork have duly executed this Agreement as of the day and year indicated above.
| Computer Support Group (CSGNetwork) | Client: |
| Name (for CSGNetwork):Gene Davis | Name: |
| Title:President | Title: |
| Date: | Date: |
Contact:
Write, Call, or E-Mail us at:
Computer Support group (CSGNetwork)
2972 Vincentia Road
Palm Springs, CA 92262
Phone: 760-327-8289 Fax: 760-327-8299
E-Mail: webmaster@csgnetwork.com