Website Maintenance Contract

Client Information:

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Indicate the Maintenance Contract Solution that best fits your current needs:

WEB SITE MAINTENANCE PLANS

  Basic Solution. (Small HTML Web Sites Only)

·         $150.00 per month.

Bronze Solution. (Medium Web Sites)

·         $250.00 per month.

Silver Solution. (Medium to Large Sites)

·         $350.00 per month.

Gold Solution.

·         $520.00 per month. (Database Sites)

Platinum Solution.

·         $750.00 per month. (Large Database Sites)

 (All plans included full tech support including monthly search engine marketing.)

 These plans are not a substitute for web site design or programming or build-out on a monthly basis.

It is meant for support and maintenance only such as ensuring the web site and database functionality and online status or e-mail security and safety.

These are the terms of our contractual agreement together:

1. Authorization. The above-named client is engaging Intellirex, LLC; also know as Intellirex or Intellirex Web Design and Hosting, and/or any subcontractors of Intellirex, as an independent contractor for the specific project of maintaining with "read/write permission" the client's web site, store, server, file directory, cgi-bin directory, or any other directories or programs or sites which need to be accessed for maintenance and control including if needed domain management. The client also authorizes Intellirex Web Design and Hosting to publicize their website in part or whole to Internet search engines, and/or other Web directories or indexes.
2. Maintenance Term. For all maintenance plans or options, the client understands the term of the contract to be for a full two years, automatically renewable every year unless a written cancellation has been provided to Intellirex thirty (30) days in advance of the then active term expiration date.
3. Contract. Notwithstanding any prices listed in literature or on web pages, the client and Intellirex Web Design and Hosting agree that the services described above and in this contract shall be completed for a monthly charge to the client at the specified solution as indicated by the client above. Additional education and consultation is at our hourly rate. This maintenance does not cover any work that was not completed on the initial build out of the web site or shopping carts. Intellirex reserves the right to terminate this contract at any time for any reason without prior notice and will do so in electronic mail and/or writing to the customer.
4. General Maintenance. This agreement includes ensuring of server health and/or web site health and/or database health and/or e-mail health and/or domain name status and/or service online and/or active status by Intellirex. If the client or any third party other than Intellirex and Intellirex approved subcontractors attempts accessing or accesses the server and/or make changes and/or changes the site or cart or database or any other component or software or hardware; time to repair and/or restore web pages, databases or any other components as well as time to correct or reinstate or update or make correction will be billed at the then active hourly rate, and is not included as part of the maintenance. The two year maintenance period commences upon the date the client signs this contract.
5. Monthly Maintenance. The client understands that any web maintenance work on the site will be directly related to the maintenance contract the client opted in for. Any services or work over and above this contracted 'Solution' will be charged at the regular hourly rate.
6. Payment of Fees. Maintenance fees to Intellirex Web Design and Hosting are due and payable on the following schedule: The first business day of every month for the contract term of two year, and if not cancelled by client with a 30 day written notice, will auto renew. If client opted in to automatic credit card payments, payments will be collected at the date of the first payment every month. All payments will be made in US funds only.
7. Assignment of Project. Intellirex Web Design and Hosting reserves the right to assign contractors and/or subcontractors to any project to insure the right fit for the job, on time completion or any other reason deemed necessary by Intellirex.
8. Legal. Intellirex Web Design and Hosting does not warrant that the functions contained in these web pages or the Internet website, shopping cart, merchant accounts, databases or any other component, software or hardware or service will meet the client's requirements or that the operation of the web pages and website or any other component or service will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website or any other component or service is with client. In no event will Intellirex Web Design and Hosting be liable to the client and/or clients customers or vendors or any affiliates 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 or services, even if Intellirex has been advised of the possibility of such damages.
9. 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. The client further acknowledges that you have read and will comply by all Legal Information as posted on the Intellirex.com website at this link: http://www.intellirex.com/legal/default.htm and will return to this section of the Intellirex.com site to check for changes on an ongoing basis, without Intellirex being under any obligations to notify you, the customer of any changes, amendments or updates and will comply to those new changes, amendments or updates.
10. Copyrights and Trademarks. The client represents to Intellirex and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Intellirex for inclusion in web pages 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 Intellirex and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
11. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Intellirex Web Design and Hosting and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
12. Copyright to Web pages. Copyright to the finished assembled work of web pages produced by Intellirex Web Design and Hosting is owned by Intellirex Web Design and Hosting. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Intellirex, LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
13. Late or Non Payments. All payments whether payments relate to maintenance payments or additional work or jobs or changes and/or updates of this web site thru the term of this active contract forms part of this agreement. All future contracts or jobs or scope of work or updates or changes to this web site and those respective payments is governed by this agreement. Payments must be made promptly. Delinquent bills will be assessed a 10% (of invoice value) charge if payment is not received within 5 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 25% penalty will be added for each month of delinquency. Intellirex Web Design and Hosting reserves the right to remove web pages and/or services from viewing or access until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Credit card chargeback's or checks that does not clear is not permissible and immediately voids all Intellirex's responsibilities towards the client and collections and/or legal actions will commence from Intellirex and all costs of this process will be your (the customers) responsibility regardless of who might be at fault.
14. Location. Notwithstanding the place of signing of this document, the client agrees that for purposes of venue, this contract was entered into in Palm Beach County, Florida, and any dispute will be litigated or arbitrated in Palm Beach County, Florida. Please pay on time.
15. Sole Agreement. The agreement contained in this "Website Maintenance Contract" constitutes the sole agreement between Intellirex Web Design and Hosting and the client regarding this website.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business and is legally authorized to do so.

For or on behalf of the Client. (authorized signature only)