User Agreement Terms of Service (TOS)
Native
Georgian requests
that you read all of the User Agreement /Terms of Service
before entering into any agreement for
web space and design services.
Most Recent Update: August 10, 2009
NOTWITHSTANDING, BY USING THE
SERVICES, YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS
CONTAINED HEREIN AS WELL AS ALL
ACCEPTABLE USE POLICIES INCORPORATED
BY REFERENCE.
NativeGeorgian.com Web Design and Hosting reserves the right to change
or modify any of the terms and
conditioned contained in this
Agreement, any Addendum and any policy
or guideline incorporated by reference
at any time and from time to time in
it's sole discretion, and to determine
whether and when any such changes
apply to both existing or future
customers. Any changes or
modifications will be effective upon
posting of the revisions on the
NativeGeorgian.com Hosting Web site
(the "Site"). Your continued
use of Services following
NativeGeorgian's posting of any
changes or modifications will
constitute your acceptance of such
changes or modifications.
1.
Terms and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual
Property Rights
5. Warranty
Disclaimer
6. Limitations and
Exclusion of Liability
7. Indemnification
8. Miscellaneous
9. Web Site Design
Policies
9.6 Domain Name
Policies
1. Terms and Payment
for Services
1.1 Term
This Agreement for Web Hosting Services shall be for an
"Initial Term of One Year".
This Agreement will be automatically
renewed (the Renewal Term) at the end
of the Initial Term for the same
period of time as the Initial Term
unless you provide NativeGeorgian.com
with written notice of termination
thirty (30) days prior to the end of
the Initial Term of the Renewal Term.
1.2 Termination of
Services
If for any reason you wish to
terminate your Web Hosting services
prior to the end of the Initial Term
or the Renewal Term, whichever is
applicable, NativeGeorgian will
refund to you, on a pro-rated schedule,
the normal monthly charges for each month
of services you did not use.
If you Terminate the
hosting services prior to the end of
the first (30) days of the Initial
Term, you will be entitled to a refund
of all fees paid in advance for
monthly services with the exception of Domain Name Registration.
Domain Name Registration fees will not be returned
for any reason whatsoever but we will transfer your domain name to the DNS host of your choice.Your
Termination of services, must be in
writing using the Termination of
Services form on the Get Started page of
this website. And must be sent thirty (30) days prior to the
end of services, or within the first
thirty days of the Initial Term.
NativeGeorgian.com may terminate
Services provided to you for any
reason, by giving you written notice
of the date of termination and reason
for termination. If NativeGeorgian.com
terminates Services provided to you in
this Agreement for reasons other than
violations of AUP, spamming or
violations of any law, NativeGeorgian
will refund the pro-rated portion of
any prepaid fees for the months left
in the Renewal Term. If NativeGeorgian
terminates services provided to you
because of AUP violation(s), all paid
in advance fees will not be refunded
for any reason whatsoever.
1.3 Charges for
Services
You agree to pay for all charges
attributable to your usage of the
Services at the current NativeGeorgian
Hosting prices listed on our website,
which shall be exclusive of any
applicable taxes. You are responsible
for any and all Federal, State, or
Local taxes and duties incurred from
your usage of a Web site hosted at
NativeGeorgian.com. NativeGeorgian.com's
pricing structure is setup to be paid
in yearly increments, not monthly
installments.
Web Design Fees are charged at the normal rate of $75.00 per hour unless otherwise agreed upon by both parties.
1.4 Payment for Fees and Services
NativeGeorgian.com requires that all
Web Hosting accounts be placed on a pre-paid
yearly plan, unless otherwise
specified in a separate agreement. Any
existing account that has not been
renewed or paid for within thirty (30) days
of its account opening date or anniversary date will
be required to make payment in full for said account
along with a $ 10.00 administration fee.
All fees for Web Hosting services must be paid
in advance according to the current or
then current pricing structure
applicable to Hosting Services. Upon
entering into this Agreement, you will
receive an electronic email invoice and must pay
by way of Check or Cash upon receipt of said invoice.
Any Invoice not paid within 15 calendar days of
the start of services, and without the Services Termination Form filled out, will be considered OVERDUE .
Any and all OVERDUE accounts will be
suspended 20 days after the Due Date printed on the invoice. All Internet Access will be revoked on OVERDUE accounts. All discounts to resellers will be revoked on OVERDUE invoices, and the current pricing structure listed on the website will be charged. A $10.00 Administration fee will be added to the total already owed for each OVERDUE account that has to be reinstated.
All charges for Web Design, maintenance and other services are payable due upon receipt of the electronic email invoice ! Any invoice not paid within 15 days of the invoice date will be considered OVERDUE !
All OVERDUE invoices will have all discounts revoked and the current pricing structure listed on the website will be charged. A $10.00 Administration fee will be added to the total already owed for each OVERDUE account that has to be reinstated.
Any Invoice not paid within 30 days of said invoice date will be considered PAST DUE. Any Past Due accounts will have all work on the site stopped, and the site itself will be turned off until payment or arrangements are made. The website owner will hold NativeGeorgian harmless for any losses of revenue due to the result of their website being suspended for lack of payment or late payment.
Any invoice not paid within 60 days of said invoice, NativeGeorgian will have the choice to either file a lawsuit against the owner of the account or to turn the account over for collection and the invoicee will be responsible for any and all collection of filing, legal and court fees. NativeGeorgian.com will
charge a $25.00 service fee for any returned checks and credit card chargebacks. All Invoices will be sent by way of Electronic Email unless other arrangements are made. A yearly fee of $10.00 will be added to accounts requiring a paper invoice for services. We are not responsible for removing late fees if you do not check your email in a timely manner or the emails are blocked by your Spam Blocker. We would reccomend that you "Whitelist " emails from NativeGeorgian.com.
2. Use of
Services
2.1 Applicable Use
Policy - (AUP)
The NativeGeorgian.com Acceptable Use
Policy (AUP) govern the general
policies and procedures for the use of
Services. The AUP is posted on the
NativeGeorgian.com Web site and may be
updated from time to time.
YOU SHOULD CAREFULLY READ THE
FOLLOWING (AUP) POLICY. BY USING
SERVICES PROVIDED BY
NATIVEGEORGIAN.COM, YOU AGREE TO BE
BOUND BY THE USAGE POLICY AND ANY AND
ALL MODIFICATIONS. NativeGeorgian.com
RESERVES THE RIGHT TO TERMINATE YOUR
ACCOUNT FOR ANY VIOLATION OF THE (AUP)
USAGE POLICY OR THIS AGREEMENT.
2.2 Material and Product
Requirements
All material and data placed on the
NativeGeorgian.com servers and
equipment must be in a condition that
is "server-ready", which is
in a form that require no additional
manipulation by NativeGeorgian.com.
NativeGeorgian.com will make no effort
whatsoever to validate any of this
information or data for content,
correctness, or usability. If your
material is not
"server-ready"
NativeGeorgian servers will reject
this material. NativeGeorgian will
notify you of rejected material and
will allow you to modify this material
to satisfy the needs and requirements
of the NativeGeorgian equipment.
2.3 Bandwidth and
Storage Usage
You agree that use of Services under
this Agreement will not exceed the
bandwidth and storage usage limits set
by your Initial Agreement. If you
exceed the monthly bandwidth and or
storage space available per your
Agreement, you will pay for additional
fees listed on the NativeGeorgian web
site. Constantly exceeding bandwidth
and storage allocations will possibly
cause termination of Services, if
requests for you to increase the site
allocations are ignored.
2.4
Content and Usage Guidelines
You
agree that the content of your website
hosted at NativeGeorgian.com will not
contain links, photographs,
graphics or text that is pornographic
or could be considered pornographic in
nature or content in any form or
fashion. You agree that your
website will not contain illegal
information or content considered to
be against any law in any State in the
United States of America. Any and all
products and or merchandise sold
through any online store hosted on
NativeGeorgian's webhosting will be
obtained through normal and legal
means and will not infringe on
anyone's copyrights in any form or
fashion.
You
agree that any use of bulk unsolicited
emailing, known as Spamming, from an
email account setup on a
NativeGeorgian.com hosted website will
be investigated and considered to be
major offense with the immediate
results of the account being shut
down. You agree that the use of the
website and it' email accounts and
Internet connections for illegal or
corrupt actions will be handled in a
swift manner with the proper
authorities notified for any and all
legal action they might take against
you, and the forfeiture of any
and all prepaid fees.
3.
Enforcement
3.1 Investigation
of Violations
NativeGeorgian.com will investigate
any reported or suspected violation of
this Agreement, it's policies or any
complaints and take any action that it
deems appropriate and reasonable under
the circumstances to protect it's
systems, facilities, customers and or
third parties. NativeGeorgian.com will
not access or review the contents of
any e-mail or similarly stored
electronic communications except as
required or permitted by applicable
law or legal processes.
3.2 Actions
NativeGeorgian.com reserves the right
and has absolute discretion to
restrict or remove from it's servers
any content that violates this
Agreement, related policies or
guidelines, or is otherwise
objectionable or potentially
infringing on any third party's rights
or potentially in violation of any
laws. If we become aware of any
possible violation by you of this
Agreement, or any infringements of
rights or potential violation of laws,
NativeGeorgian.com will take
corrective action, including but not
limited to, (a) issue warnings, (b)
suspending or terminating services,
(c) restricting or prohibiting any and
all uses of content hosted by
NativeGeorgian.com, (d) disabling or
removing any and all hypertext links
to third party web sites. It is
NativeGeorgian.com's hosting policy to
terminate repeat offenders.
NativeGeorgian.com is not obligated to
refund any fees paid by you in
advance, due to such a corrective
action.
3.3 Disclosure Rights
In order to comply with applicable
laws and lawful governmental requests,
to protect NativeGeorgian.com's
business, it's systems, it's
customers, and to ensure the integrity
and operation of it's business,
NativeGeorgian.com may access and
disclose any information it considers
necessary and or appropriate including
all information on
NativeGeorgian.com's servers.
NativeGeorgian.com reserves the right
to report to the appropriate
authorities any suspect or activity
that possibly will violate the rights
of any third party or violates any law
or regulation. NativeGeorgian.com will
not sell the names of customers or
clients to anyone for any reason
whatsoever, including but not limited
to list companies.
4. Intellectual
Property Rights
4.1 License Grant to
NativeGeorgian.com
In acceptance of this Agreement, by
using the Services of
NativeGeorgian.com, you agree to grant
NativeGeorgian a non-exclusive,
worldwide and royalty-free license for
the Initial Term and for all Renewal
Terms, to use the content of your Web
site for the operation and rendering
of the Services provided to you. You
expressedly (a) grant to
NativeGeorgian.com a license to cache
materials distributed or made
available for distribution via the
Services, including content supplied
by third parties, and (b) agree that
such caching is not an infringement of
any of your intellectual property
rights or those of any third party.
4.2 Trademarks and
Copyrighted Materials
You hereby grant to
NativeGeorgian.com, all materials,
Copyrighted and or Trademarked, if
any, a limited right to use such
materials in the providing of the
Services. The limited trademark and
copyright rights granted in this
Agreement will terminate the rights
with the termination of this
Agreement.
5. Warranties and
Disclaimers
5.1 Customer and or Third
Party Acts.
NativeGeorgian.com is not responsible
in any manner for any non-conforming
Services to the extent caused by you
and or your customers. In addition,
NativeGeorgian.com is not responsible
for the loss or corruption of data in
transmission, or for failure to send
or receive data due to events beyond
NativeGeorgian.com's reasonable
control.
5.2 Expressed or
Implied Warranties
ALL SERVICES, SYSTEMS AND PRODUCTS
PROVIDED BY NativeGeorgian.com AND OR
IT'S SUPPLIERS UNDER THIS AGREEMENT
ARE PROVIDED WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES IN FACT OR IN LAW,
WHATSOEVER. YOU ACKNOWLEDGE AND AGREE
THAT NativeGeorgian.com EXERCISES NO
CONTROL OVER, AND ACCEPTS NO
RESPONSIBILITY FOR, THE CONTENT OF THE
INFORMATION PASSING THROUGH THE
EQUIPMENT OR STORED UPON THE EQUIPMENT
LEASED BY NativeGeorgian.com. THERE
ARE NO WARRANTIES AS TO THE
UNINTERRUPTED OPERATION OR ERROR-FREE
DATA TRANSFERS OF MATERIALS USED OR
STORED ON THE SERVERS USED BY
NativeGeorgian.com.
5.3 Your Warranties and
Representations to NativeGeorgian.com
You warrant and covenant to
NativeGeorgian.com that (a) You are at
least eighteen (18) years of age or
are a duly organized and validly
existing entity; (b) you possess the
legal right and ability to enter into
this Agreement; (c) you will use the
Service only for lawful purposes and
in accordance with the (AUP) policies
of this Agreement; (d) You will be
financially responsible for the use of
your account; (e) You have acquired or
will acquire the authorizations
necessary for the hypertext links to
third party Web sites or other
content; (f) You have verified or will
verify the accuracy of all materials
distributed or made available for
distribution via the Services,
including, without limitation, your
content, descriptive claims,
warranties, guarantees, nature of
business, and address where the
business is conducted, and (g) your
content and or any software you
install or provide will not infringe
or violate the rights of any third
party, (including any intellectual
property rights) or violate any
applicable laws, regulations or
ordinances.
6. Limitations and
Exclusions of Liability
6.1 Limitations
IN NO EVENT SHALL NativeGeorgian.com
HAVE ANY LIABILITY WHATSOEVER FOR
DAMAGE, UNAUTHORIZED ACCESS TO,
ALTERATION, THEFT OR DESTRUCTION OF
INFORMATION PROVIDED TO
NativeGeorgian.com, DISTRIBUTED OR
MADE AVAILABLE FOR DISTRIBUTION VIA
THE SERVICES. NativeGeorgian.com SHALL
HAVE NO LIABILITY UNDER THIS AGREEMENT
OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR
PUNITIVE DAMAGES EVEN IF
NativeGeorgian.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN
ANY EVENT, THE LIABILITY OF
NativeGeorgian.com TO YOU FOR ANY
REASON AND UPON ANY CAUSE OF ACTION
SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID TO NativeGeorgian.com BY
YOU UNDER THIS AGREEMENT DURING THE
THIRTY (30) DAYS IMMEDIATELY PRECEDING
THE DATE ON WHICH SUCH CLAIM ACCRUED.
THIS LIMITATION APPLIES TO ALL CAUSES
OF ACTION IN THE AGGREGATE, INCLUDING,
WITHOUT LIMITATION, TO BREACH OF
CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS.
THE FEES FOR THE SERVICES SET BY
NativeGeorgian.com UNDER THIS
AGREEMENT HAVE BEEN AND WILL CONTINUE
TO BE BASED UPON THIS ALLOCATION OF
RISK. ACCORDINGLY, YOU HEREBY RELEASE
NativeGeorgian.com FROM ANY AND ALL
OBLIGATIONS, LIABILITIES, AND CLAIM IN
EXCESS OF THE LIMITATION STATED IN
SECTION 6.1 BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES,
OUR LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW.
6.2 Interruption of
Service
You hereby acknowledge and agree that
NativeGeorgian.com will not be liable
for any temporary delay, outages or
interruptions of Service. Further,
NativeGeorgian.com shall not be liable
for any delay or failure to perform
its obligations under this Agreement,
where such delay or failure results
from any act of God or other cause
beyond its reasonable control
(including, without limitation, any
mechanical, electronic communications
or third party supplier failure).
6.3 Maintenance
You hereby Acknowledge and agree that
NativeGeorgian.com reserves the right
to temporarily suspend services for
the purposes of maintaining,
repairing, or upgrading its systems
and network. NativeGeorgian.com will
use best efforts to notify you of
pending maintenance however at no time
is under any obligation to inform you
of such maintenance.
7.
Indemnification
You will defend, indemnify and hold
harmless NativeGeorgian.com and its
owners, directors, employees,
consultants, agents, affiliates and
suppliers (an "Indemnitee")
from any and all threatened or actual
claims, demands, causes of action,
suits, proceedings (formal or
informal), losses, damages, fines,
penalties, liabilities, costs and
expenses of any nature, including
attorneys' fees and court costs,
sustained or incurred by or asserted
against any Indemnitee by any person,
firm, corporation, governmental
authority, partnership or other entity
by reason of or arising out of or
relating to: (i) your violation or
breach of any term, condition,
representation or warranty of this
Agreement or any applicable policy or
guideline; (ii) your conduct,
including but not limited to your
negligence, gross negligence, or
willful misconduct; (iii) Your use of
the Services, including any improper
or illegal uses; (iv) any claim by a
former employee of yours whose
employment has been or may be
terminated in connection with or as a
result of the execution of this
Agreement and performance of the
Services by NativeGeorgian.com; or (v)
any claim relating to your services or
products, or your installation and/or
use of any third-party software,
including but not limited to
advertising, product liability claims
or infringement of any trademark,
copyright, patent, trade secrets or
nonproprietary right of a third party
(including, without limitation,
defamation, libel, or violation of
privacy or publicity).
8.
Miscellaneous
8.1 Confidentiality
The parties each agree that all
Confidential Information (as defined
below) communicated to it by the other
is done so in confidence and will be
used only for the purposes of this
Agreement and will not be used to
compete with the other party or
disclosed to any third party without
the prior written consent of the other
party except as permitted under this
Agreement, "Confidential
Information" means all
information in any form, including,
without limitation, printed or verbal
communications and information stored
in printed, optical, or
electromagnetic format, which relates
to the Services; or computer, data
processing, or electronic commerce
programs and software; electronic data
processing applications, routines,
subroutines, techniques or systems;
Information which incorporates or is
based upon proprietary information of
either party; or information
concerning customers, business or
financial affairs, product pricing,
financial conditions or strategies,
marketing, technical systems of either
party; or any information concerning
customers or vendors of either party;
or data exchange between a party and
any o customers or vendors. Exceptions
to Confidential Information include
(1) information in the public domain;
(2) information developed
independently by party without
reference to information disclosed
under this Agreement; or (3)
information received from a third
party without restriction and/or
breach of this or a similar Agreement.
It is not a violation of this
provision to disclose Confidential
Information in compliance with any
legal, accounting or regulatory
requirement beyond the control of
either party or, but in such case,
prior to disclosure, the disclosing
party shall give written notice to the
other Party to permit that Party an
opportunity to challenge such
disclosure. If either party is
subpoenaed, such party shall give
written notice to the other party to
permit that Party an opportunity to
challenge the disclosure of
Confidential Information. Upon the
termination of this Agreement and upon
the written request of the disclosing
party, each party shall promptly
return all Confidential Information to
the other party. This provision shall
survive the termination of this
Agreement for two (2) years.
8.2
Notices
Any and all notices, reports,
requests, or other communications
given pursuant to this Agreement shall
be made in writing, shall be delivered
by hand delivery, overnight courier
service, fax, or electronic mail,
shall be deemed to have been duly
given when delivered.
8.3 Choice of Law and
Forum
THIS AGREEMENT, WILL BE GOVERNED BY
THE LAWS OF THE UNITED STATES AND THE
STATE OF GEORGIA, WITHOUT REFERENCE
TO RULES GOVERNING CHOICE OF LAWS. ANY
ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN THE FEDERAL OR STATE
COURTS LOCATED IN GEORGIA, AND YOU
IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS.
8.4 Entire Agreement
This Agreement and all policies and
guidelines incorporated in this
Agreement by reference constitutes the
entire Agreement of the parties and
may not be modified or altered orally
but only by an agreement in writing
signed by both parties.
8.5 No Fiduciary
Relationship
No Third Party Beneficiaries,
NativeGeorgian.com is not the agent,
fiduciary, trustee or other
representative of you. Nothing
expressed or mentioned in or implied
from this Agreement is intended or
shall be construed to give to any
person other than the parties hereto
any legal or equitable right, remedy
or claim under or in respect to this
Agreement. This Agreement and all of
the representations, warranties,
covenants, conditions and provisions
hereof are intended to be and are for
the sole and exclusive benefit of the
parties hereto.
8.6 Assignments
You may not transfer or assign your
rights, duties, or obligations under
this Agreement without
NativeGeorgian.com's prior written
consent. NativeGeorgian.com may assign
its rights and obligations under this
Agreement and may utilize affiliate
and/or agents in performing its duties
and exercising its rights under this
Agreement, without your consent.
Subject to that restriction, this
Agreement will be binding on, inure to
the benefit of, and be enforceable
against the parties and their
respective successors and assignees.
8.7 No Waiver
NativeGeorgian.com's failure to
enforce the strict performance of any
provision of this Agreement will not
constitute a waiver of
NativeGeorgian.com's right to
subsequently enforce such provision or
any other provisions under this
Agreement.
8.8 Severability
If any provision of this Agreement is
deemed illegal, invalid, void, or
otherwise unenforceable in whole or
part, that provision shall be severed
or shall be enforced only to the
extent legally permitted, and the
remainder of the provision and the
Agreement is deemed to be invalid,
void, or unenforceable only with
respect to a particular application,
such term or provision shall remain in
full force and effect with respect to
all other applications.
8.9 Survival
All provisions of this Agreement
relating to your warranties,
intellectual property rights,
limitation and exclusion of liability,
your indemnification obligations and
payment obligations shall survive the
termination or expiration of this
Agreement.
9. Web Site
Designing
9.1 Payment of Services
for Website Design
All initial meetings for quotation of
web design services will be free of
charges to all potential clients or
customers. A quotation for design
services will be presented in writing
to the potential client for his/her
approval. Upon approval of the
quotation, the client must pay twenty
(40%) percent of the total amount of
the design services to start the
design process. Until the payment of
40% of the total amount is paid, the
website design work will not start
other than the initial fact gathering.
If the client has not paid the 40%
deposit within a ninety (90) day
period after the initial quotation was
presented in writing,
NativeGeorgian.com design group has
the right to re-quote and re-price the
initial quotation. Upon completion of
the website design and implementation
of the website, the client agrees to
pay the remaining eighty (60%) percent
of the initial quotation.
NativeGeorgian.com has the right to
increase the initial quotation of
design services up to a total of ten
(10%) percent over the Total amount of
the initial quotation, if
NativeGeorgian.com first notifies you,
(the Client), in writing before
completion and implementation of the
website. Upon completion of the
design, the CD-Rom along with final
invoice will be delivered to the
client, which must be paid in full
upon presentation. If the invoice is
not paid upon presentation, the CD
will not be delivered to the Client
and the website will be turned off
until payment is paid in full.
9.2 Services Provided
in Web Site Design
NativeGeorgian.com will provide to the
Client the following in the process of
the website design. (i) A complete
written quotation for design services
before any designing starts; (ii) if a
domain name has not been secured by
the Client at this time,
NativeGeorgian.com will help in the
selection and registration of the
domain name, placing the domain name
in the company name of the client and
will not be registered in the
NativeGeorgian.com name. (iii) two (2)
web pages, (the Home page and one
other page) will be designed in the
"Initial Design Phase", to
meet the initial specifications of the
initial requests of the client in the
initial interview(s); (iv) the two web
pages will be placed on a special area
of the NativeGeorgian.com website for
the review and approval of the Client,
any and all changes to the website
design will be made at this, the End
of the "Initial Design
Phase", to meet the requests of
the customer/Client; (v) the website
will be completed to the Client's
specifications with any changes
necessary, and will be placed on a
hosting service of the Client's
choice; (vi) a cd-rom will be produced
including all photos, graphics,
backgrounds, text, html or other
source code, necessary to completely
reproduce the entire website, also
including a document area that
includes all documents, e-mails, and
communications between the Client and
NativeGeorgian.com pertaining to the
design, development, changes, and
hosting passwords, usernames and
information needed to access the
hosting site for updates and future
usage; (vii) all e-mail boxes will be
installed and tested to meet the
client specifications; (viii) the
domain name will be listed with the
major search engine companies along
with any other website marketing that
was agreed upon by both parties in the
Initial Quotation process.
9.3 Breach of Contract
- Website Design
NativeGeorgian.com reserves the right
to break this Agreement at any time,
by returning all Confidential and
developmental information, and
refunding all fees and/or money to the
Client. The Client reserves the right
to break this Agreement in only the
following ways (a) notifying in
writing to NativeGeorgian.com during
the Initial Design phase of
development of the website and in so
doing will receive fifty (50%) percent
of the Initial (20%) payment as a refund.
All designs and graphics designed by
NativeGeorgian.com will become the
property of NativeGeorgian.com if this
Agreement is broken. (b) notifying
NativeGeorgian.com in writing at any
time after the "Initial Design
Phase" is completed, where the
Client has approved the initial
designs that were posted on the
NativeGeorgian.com website, the Client
will forfeit One hundred (100%)
percent of all fees that have been
paid in advance, along with the
forfeit of all designs, graphics and
source code that NativeGeorgian.com
developed for the Client's website.
9.4 Changes - Website
Design
NativeGeorgian.com reserves the right
to re-quote the design of any website
where the Client has requested major
design changes over what was requested
in the initial interview.
NativeGeorgian.com reserves the right
to charge monthly fees to the Client
for websites that require monthly
changes and/or updates on a regular
basis.
9.5 Website Text and
Scripts - Website Design
NativeGeorgian.com
requires that the Client provide the
text and scripts (wording) for the
website being designed. If the Client
does not provide text and scripts for
the design of the website,
NativeGeorgian.com will create such
documents to the best of their
knowledge and in so doing, will charge
the Client the amount of Seventy-five
($75.00) dollars per hour for the
creation of such text, unless noted
otherwise in the initial Agreement.
9.6 Domain
Name Purchase and Transfer
NativeGeorgian.com
reserves the right to charge a
separate fee for the purchase or
transfer of the Clients Domain Name.
This fee is added into the total cost
of some of the Special Website Design
Packages. These packages include the
fees for only one (1) Domain name
registration or transfer. If the
Client wishes to purchase multiple
Domain Names, the fees for this will
increase with the number of Domain
Names.
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2000 - 2010
NativeGeorgian.com
Terms of Service Original Document
- June 18, 2000
Terms of Service Revision
4. - August 10, 2009
Website updated June 14, 2011
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