This Agreement is by and between GenWeb Designs ("Provider") and the party as specified in the registration form ("Customer"), and shall govern all Web Design Services ("Services") as specified on the registration form ("Form").  
  
Effective Date and Term of Agreement

This Agreement shall be made effective as of the date and time of the submission of Form by Customer, and shall continue until terminated by either party. The termination of this agreement shall be in accordance with the terms set forth in this Agreement in the "Cancellation" paragraph.

Initial Setup Fee and Design Fee

Customer agrees to submit payment of the USD $75.00 setup fee ("Setup Fee") immediately upon submitting Form, and understands that Provider will not begin any Services before such payment is received. Customer further understands that this fee is non-refundable, under any circumstance, unless otherwise agreed upon by Provider or as specified in this Agreement.

Customer agrees that by submitting Form and Setup Fee, Customer is obligated to the remaining balance of the Design Fee as specified on Form. Customer understands and agrees that this obligation is null and void only under circumstances in which Provider is found by a court with valid jurisdiction and competency to have failed to perform under this Agreement.

Domain Registration, Hosting Services and Stock Photos

Customer agrees that Provider will attempt to register a domain name, if included in the selected Services, in the order in which such domain names were requested on Form. Customer agrees that Provider has no control over the availability of such domain names.

Customer understands that Provider uses, as an exclusive vendor, GoDaddy.com, for all domain name registrations, renewals, forwarding, and transfers; and for all hosting services. Customer understands that Provider will not, for any reason, use another vendor for such services.

Customer further understands that Provider uses, as an exclusive vendor, iStockPhoto.com, for all stock photo needs, and that Provider will not use any graphics for which appropriate licenses have not been obtained. Customer understands that Provider will not, for any reason, use another vendor for such services.

Customer understands that each of these vendors has their own terms of service, and Customer is encouraged to visit each site and read such terms. Customer agrees to abide by these terms as established by the vendors.

Pre-Design Process

Upon receipt of Form and Setup Fee, provider will begin the pre-design process, which shall consist of the following steps:

1. If included in Services, Provider will attempt to register a domain name in the order of preference as specified on Form. If none of those domain names are available for registration through GoDaddy.com, Provider will contact Customer and suggest alternative domain names. Provider and Customer will agree on another domain name, which shall be registered under the name of Provider. 
   
2. Upon successful registration of said domain name, and if included in Services, Provider will establish a hosting account for said domain name with GoDaddy.com. Customer understands that this is normally a 48 hour process, in which no site design or changes can take place. 
   
3. If included in Services, Provider will establish e-mail addresses as specified on Form and supply Customer with passwords for said e-mail addresses. Customer is strongly encouraged to immediately login to the WebMail service from http://www.genwebdesigns.com and change these passwords for security purposes. 
   
4. Provider will create the number of templates as specified by the selected Services on Form and submit these templates to Customer for final approval. 
   

Design Process

Upon approval of templates by Customer, Provider will complete the design process under the terms of the Design Package as selected on Form. Customer understands that this process normally takes three (3) business days.

Customer understands that Customer's input during this process is crucial to the design of Customer's website, and agrees to promptly reply to all emails and return all phone calls placed to Customer by Provider. Customer understands that by delaying a reply to an email from Provider or returning a call from Provider, the design process may be delayed beyond the normal three (3) day period.

Upon completion of the Design Process, Provider will immediately inform Customer, and will post a "non-live" version of the site for Customer to review and approve.

Changes

Customer and Provider shall agree on changes to be made to the final design before the website is posted as a live site on the Internet. Again, Customer agrees to promptly review the completed web design and request changes to such design in a timely manner.

Provider will, in a timely manner, work to resolve all issues and requested changes from Customer in order to complete a Design that is satisfactory to Customer.

Approval and Final Payment

Customer must approve the final design and at such time submit Final Payment, which shall be the sum of the Design Fee as specified on Form less the Setup Fee. Customer agrees and understands that the design will not be posted live to the Internet until such payment is received. Customer further agrees that if Final Payment is not received within thirty (30) calendar days, Customer shall be in default of this Agreement and further collection actions on behalf of Provider will be pursued in order to protect Provider's best interests.

Monthly Maintenance Fees

If included as part of Services selected on Form, Customer agrees to pay the monthly maintenance fee as specified on Form. Customer agrees to the following terms in reference to Monthly Maintenance Fees:

1. The first monthly maintenance fee will be due and payable thirty days following the final approval and posting of the final design. Until this Agreement is terminated under the terms of the "Cancellation" paragraph of this Agreement, Customer agrees that this monthly maintenance fee will be a recurring fee, every thirty days. Customer is strongly encouraged to take advantage of the automatic billing options as provided by Provider. 
   
2. Customer understands that said monthly maintenance fee shall be deemed late if not RECEIVED fifteen (15) days after the monthly due date, and that a late charge of 5 percent (5%) of said fee plus USD $10.00 shall be charged to Customer's account. 
   
3. Customer understands that if said monthly maintenance fee is not received within thirty (30) days, all maintenance services will be suspended, and will not be reinstated until receipt of the past due monthly maintenance fee PLUS the monthly maintenance fee for the following month. 
   
4. Customer understands that if said monthly maintenance fee is not received within sixty (60) days from the monthly due date, the web site will be suspended and a "Temporarily Out of Service" message will be displayed on said site. 
   
5. Customer understands that if said monthly maintenance fee is not received within ninety (90) days from the monthly due date, Customer shall be in default of this Agreement, further collection actions on behalf of Provider will be pursued, and all terms of the "Cancellation" paragraph of this Agreement shall apply. 
   

Change Requests

If included as part of the Services selected on Form, Customer agrees to submit all change requests, unless otherwise specified below, through their account management page at http://www.genwebdesigns.com. Provider will complete requested in accordance with the terms set forth below:

1. Basic Maintenance Plan - If the Basic Maintenance Plan was selected by Customer on Form, Customer agrees that all change requests must be submitted to Provider no later than 11:59pm EST on Saturday of each week. Customer agrees that this plan includes one (1) update per week, and that this update will take place on Sunday of every week. Customer further agrees that these routine changes DO NOT include the creation of new pages within the site, redesign of any templates, addition of stock graphics, or creation of new custom graphics. Customer understands that any changes that deviate from these terms and are requested by Customer will be billed by Provider at USD $5 for every 15 minute increment, and that charges for such changes will be due with the following monthly maintenance fee, in accordance with the terms of the Monthly Maintenance Fee paragraph above. 
   
2. Economy Maintenance Plan - If the Economy Maintenance Plan was selected by Customer on Form, Customer agrees that Provider will make all requested changes on Wednesday and Sunday of each week, and that all change requests must be submitted to Provider no later than 11:59pm EST on Tuesday and Saturday of each week, respectively. Customer further agrees that these routine changes DO NOT include the creation of new pages within the site, redesign of any templates, addition of stock graphics, or creation of new custom graphics. Customer understands that any changes that deviate from these terms and are requested by Customer will be billed by Provider at USD $5 for every 15 minute increment, and that charges for such changes will be due with the following monthly maintenance fee, in accordance with the terms of the Monthly Maintenance Fee paragraph above. 
   
3. Deluxe Maintenance Plan - If the Deluxe Maintenance Plan was selected by Customer on Form, Customer agrees that Provider will make all requested changes within 4 hours of receipt of the change request, and if this time limit cannot be met, Customer will be immediately informed of the reason and estimated completion time. Customer understands that change requests may also be submitted directly to their design specialist via e-mail or telephone. Customer understands that these changes can include the creation of additional pages within the site, but that these additional pages are subject to the Design Template(s) already created by Provider. Customer understands that any changes that deviate from these terms and are requested by Customer will be billed by Provider at USD $5 for every 15 minute increment, and that charges for such changes will be due with the following monthly maintenance fee, in accordance with the terms of the Monthly Maintenance Fee paragraph above. 
   
4. Real Estate Agent Maintenance Plan - All terms of the "Basic Maintenance Plan" will apply to this maintenance plan, with the following exception: Changes to listings requested by Customer will be completed by Provider within 24 hours. 
   

Emergency Updates and Additional Stock Photos

Emergency Updates are defined as changes needed to the website to prevent any legal liability on the part of Customer or Provider. Customer agrees to immediately notify Provider of any Emergency Updates that are needed, via telephone, e-mail, fax, or account management, and Provider agrees to make such Emergency Updates within 2 hours of receipt of such request.

If Customer requests additional stock photos, Customer agrees that these photos will be billed at USD $2 per photo, and that charges for said photos will be due with the following month's monthly maintenance fee, in accordance with the terms of the Monthly Maintenance Fee paragraph above.

Refusal of Service

Provider reserves the full right to refuse service to anyone requesting a new design, redesign, or change to an existing design to promote or participate in spam or morally objectionable materials. Morally Objectionable materials shall include, but not be limited to:

1. Activities designed to defame, embarrass, harm, abuse, threaten, slander, or harass third parties; 
   
2. Activities prohibited by the laws of the United States and/or foreign territories in with Customer conducts business; 
   
3. Activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; 
   
4. Activities that are pornographic, tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; 
   
5. Activities designed to impersonate the identity of a third party; 
   
6. Illegal access to third party computers or networks; 
   
7. Distribution of Internet viruses; 
   
8. Activities designed to harm or use unethically minors in any way. 
   

If, after submission of Form and Setup Fee by Customer, Provider determines that a new design or redesign request was made containing any of the above, Provider will refund the Setup Fee. However, if an existing Customer submits a change request to an existing design, Provider shall not be liable to Customer for a refund of any fees charged.

If required by law, Provider will immediately notify law enforcement officials of any new design, redesign, or change requests submitted containing any of the above.

Domain Name and Content Property

All parties agree that the domain name registered in relation to any design package, and that all content created for said design, are the sole property of Provider. Customer is strongly encouraged to print a full copy of their existing site if a redesign package was selected. Provider is only obligated to transfer ownership of said domain name(s) and content in accordance with the terms of the Cancellation paragraph of this Agreement.

Cancellation of Agreement

This Agreement can be cancelled, at any time for any reason, by either party with a thirty (30) day written notice from one party to the other. The following terms apply to all cancellations:

1. Customer must cancel prior to the 15th day of each month to avoid the monthly maintenance fee for the following month. 
   
2. If Customer wishes to purchase the content created by Provider, Customer agrees that a fee equal to the sum of the original design package selected on Form plus fifty percent (50%) must be paid. Provider must transfer ownership of said content within seven (7) days from receipt of said payment. 
   
3. If Customer wishes to transfer ownership of any domain name(s) created as selected on Form, Customer must request this transfer through a domain registration firm. Customer must also submit a transfer fee of USD $25, and Provider agrees to complete said transfer request within seven (7) days of the date of the transfer request, or the date of receipt of payment, whichever is later. 
   

Amendment of Agreement

This Agreement may be Amended from time to time, in accordance with the following terms:

1. By Provider - Provider may amend this Agreement from time to time, with a thirty (30) day written notice to Customer via http://www.genwebdesigns.com. 
   
2. By Customer - Customer may amend this Agreement by selecting other services via telephone, email, fax, or online account management. Upon submission of such change of services, the change shall be effective immediately. 
   

Privacy Policy

GenWeb Designs' Privacy Policy can be accessed by clicking here, and is incorporated into this Agreement by reference. This Privacy Policy outlines Customer's rights and Provider's responsibilities with regard to Customer's personal information.

Site Traffic and TrafficBlazer

Provider does not guarantee and is not responsible for website traffic, or lack thereof. Provider may solicit Customer for the purchase of the TrafficBlazer service from GoDaddy.com, but Provider is again not responsible for the results of the TrafficBlazer service. Customer should visit and understand the terms of use of the TrafficBlazer service by visiting GoDaddy.com.

Affiliations

Provider is not affiliated with GoDaddy.com or iStockPhoto.com.

Indemnification

Customer shall indemnify, defend by counsel reasonably accepted by Provider, protect and hold Provider harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the Services provided by Provider to the Customer.

Governing Law

This Agreement was entered into in the State of Ohio, and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Ohio applicable to contracts entered into and performed entirely within the State of Ohio.

Arbitration Agreement

Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Cleveland and under the rules of the American Arbitration Association.



Last Revised - January 1, 2008.