2020 Terms of Service.
Terms of Service. The Client is entering into an annual service contract. The Client agrees to annual payments for services rendered by 239 Marketing on the agreed upon price. Additional services added that are not listed will be billed as separate line items. Failure of timely payments will result in termination of service. Two attempts will be made to collect service fees before termination of service. The client will be contacted by one email and one phone call. Once the client's account balance is current, the client's service will be activated again. If payments are interrupted, 239 Marketing reserves the right to receive payment in full for the current annual contract before website service is activated. Annual website hosting & support rates may increase over time to accommodate unforeseen increased costs in software licensing, security, hosting servers, government regulations / taxes, support requirements, etc.
Herbert Techmer LLC. Fort Myers, Florida is DBA 239 Marketing.
Governing Law Regardless of the place of acknowledgment of this agreement, the client agrees that for purposes of venue, this contract was entered into Lee County, Fort Myers, Florida, U.S. and any dispute will be litigated or arbitrated in Lee County, Fort Myers, Florida, U.S.
Monthly Online Support & Website Updates. Monthly online support is for specified time to make changes to your website’s written content, specials, offers & adding new supplied photos or video. If you would like support for new projects like a website redesign, eCommerce integration, social media & email marketing, custom graphics & new page development, etc... additional charges will apply.
Payment of Service. The client agrees to allow 239 Marketing and our third party credit card processor to charge the client's credit card on file for services rendered for this contract on a recurring annual basis.
Legal Details. 239 Marketing does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will 239 Marketing be liable to the client 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, even if 239 Marketing has been advised of the possibility of such damages. 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 enforce ability of any remaining provisions.
No Publication of Offensive, Pornographic or Adult Content Permitted. 239 Marketing exercises no control over content available from the internet including content accessed through the 239 Marketing’s network. Some content may be considered offensive, illegal or adult in nature. All responsibility for access to content is with the client. 239 Marketing may refuse to host and /or design any web page or web site solely at the discretion of 239 Marketing for any reason. The client hereby releases and agrees to indemnify 239 Marketing from all claims resulting out of the client’s web site.
Copyrights and Trademarks. The client represents to 239 Marketing and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 239 Marketing 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 239 Marketing and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
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 239 Marketing and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Copyright to Web pages. Copyright to the finished assembled work of web pages produced by 239 Marketing is owned by 239 Marketing. The client is assigned rights to use as a website, the design, graphics, and text contained in the finished assembled website. Rights to software, photos, graphics, source code, and work-up files are specifically not transferred to the client, and remain the property of their respective owners. 239 Marketing and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Sole Agreement. The agreement contained in the "Terms of Service" constitutes the sole agreement between 239 Marketing and the client regarding this service contract. 239 Marketing reserves the right to remove web pages from viewing on the internet until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Any additional work not specified in this contract must be authorized by a written change order via email messaging.
Upon payment the client acknowledges and agrees to the terms and conditions of this agreement on behalf of his or her organization or business.
Provision for Termination of Service and Standard Procedure for Website Transfers.
1. In the event of termination of a website hosted by 239 Marketing. We will release the website files to you outlined by the procedures below.
2. The website uses professional third party software to build, run and manage your website. Before we transfer the website, you will need to purchase your own software licensing and email the activation serial numbers to us. Without this software the website will not function and we will not transfer the website files. 239 Marketing will provide links to software companies for purchase & licensing.
3. Once your Software licenses have been purchased we will enter the new serial numbers and activate the software. We will then create zipped export files for the website to include the database, software, images and other files necessary for your website to function. Next if you do not have control of the Google business page, Facebook page and all other social media accounts we will transfer control to you. The cost for these services is $360 and we will send you an online invoice before we proceed forward.
Once payment for service is received we will upload the files to an online Dropbox account available for download within 5 business days. After 5 business days your site is deleted off of our servers. Your web developer should be able to upload, unzip and install all files to your new hosting service.
4. 239 Marketing is not responsible for the terminated client's domain email service. MX records will have to be changed by the terminated client to continue service. The client will have to ensure all current domain email is copied and saved to their new service provider. The best way to save your email inbox and sent box is to setup email using the Apache Thunderbird Email Program. https://www.thunderbird.net/en-US/
5. There will be no technical support for any issues that come up during the transfer process or after the website files are installed on another third party server. This includes database configurations, issues with software licensing, email and other unforeseen technical support issues. All risk is with the terminated client.
6. If the client simply no longer wants to use the website and the website files will not be transferred to a third party hosting company or kept on file by the terminated client, then no charge will be applied and the website will be deleted off of our servers.
Upon payment the client acknowledges and agrees to the terms and conditions of this agreement on behalf of his or her organization or business.