This Terms of Service Policy applies to all persons and entities (collectively, “customers”) using the products and services of AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM including Internet service. AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM’s products and services constitutes your acceptance of the Terms of Service Policy in effect at the time of your use.
This TOS was updated Sept. 15,2011
Performance
AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM agrees to provide and customer agrees to purchase the services requested by customer from the website, in email or in writing. Customer may add services via any of the 3 methods and agrees to pay in advance for them whether they be 1 time charges or recurring monthly fees.
Changes
No changes to this agreement shall be binding except those in writing counter-executed by both parties. Deviations in pricing shall be agreed to in writing. Email confirmed by both parties shall suffice.
Invoices,Payment
AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM will invoice Customer for Fees and Expenses monthly; provided, however, that AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM may invoice Customer for Fees and Expenses associated with Service(s) provided pursuant to a customer request immediately upon AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM’s provision of such Service(s). Customer acknowledges that AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM will invoice certain Service(s) (including without limitation telecommunications services) in advance of the provision of such Service(s). Payment shall be due immediately upon the invoice date for recurring monthly services whether or not customer has received an invoice yet or not. Invoices which remain unpaid fifteen (15) days after receipt of same by Customer shall accrue interest at a rate of one and a half percent (1.5%) per month (or at the maximum interest rate otherwise allowed by law) until paid in full and service may be terminated for non payment after 7 days at AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM’s option. Expenses shall be included on an invoice only to the extent that the actual amount of Expenses is known to HOSTING-MASTER.COM at the time the invoice is issued, and Expenses for which an actual amount is not known to AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM at the time an invoice is issued may be included on subsequent invoices. Unless otherwise agreed in writing by the Parties, the failure of AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM to include earned or incurred Fees or Expenses on a given invoice shall not relieve Customer of its obligation to pay such Fees or Expenses. Customer’s obligation to pay Fees or Expenses shall survive the termination of this Agreement for any reason whatsoever.
Charges and Payment of Fees
Client will pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. License fees are nonrefundable whether or not User licenses are actively used. Client must provide AWS CREATIVE SOLUTIONS LLC. with payment information that must be verified as a condition to engaging with our Products and Services. AWS CREATIVE SOLUTIONS LLC. reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time.
Billing
AWS CREATIVE SOLUTIONS LLC. charges and collects in advance for most Products and Services. AWS CREATIVE SOLUTIONS LLC. may automatically renew the Managed Hosting Service and bill Client’s credit card and/or issue an invoice to Client in appropriate time to prevent expiration of the service. The renewal charge will be equal to the then-current service fees in effect at the time of renewal. Fees for other Products and Services will be charged on an as-quoted basis. AWS CREATIVE SOLUTIONS LLC.’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on AWS CREATIVE SOLUTIONS LLC.’s income.
Client agrees to provide AWS CREATIVE SOLUTIONS LLC. with complete and accurate billing and contact information. This information includes Client’s legal company name, street address, email address, and name and telephone number of an authorized billing contact and Administrator. Client agrees to update this information within 30 days of any change to it. If the contact information Client has provided is false or fraudulent, AWS CREATIVE SOLUTIONS LLC. reserves the right to terminate Client’s Products and Services in addition to any other legal remedies.
For credit card payers, invoices will be generated and Client’s credit card will be charged simultaneously. If paying by other means invoices will be generated and due before Client can use any Products and Services. If Client believes that the bill is incorrect, Client must contact AWS CREATIVE SOLUTIONS LLC. in writing within 30 days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. AWS CREATIVE SOLUTIONS LLC. only collects payments in U.S. dollars.
Non-Payment
In addition to any other rights granted to AWS CREATIVE SOLUTIONS LLC. herein, AWS CREATIVE SOLUTIONS LLC. reserves the right to suspend or terminate this Agreement and Client’s access to the Do-It-Yourself Editing Service or other unpaid Products and Services if Client’s account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Client will continue to be charged for Do-It-Yourself Editing licenses during any period of suspension. AWS CREATIVE SOLUTIONS LLC. also reserves the right to impose a separate reconnection fee should Client thereafter again request access to the Managed Hosting Service. Client agrees and acknowledges that AWS CREATIVE SOLUTIONS LLC. has no obligation to retain client data if the account is more than 30 days overdue, and such client data may be irretrievably deleted if the account is unpaid after 30 days. If Client or AWS CREATIVE SOLUTIONS LLC. initiate termination of this Agreement, Client will be obligated to pay the balance due on Client’s account computed in accordance with the Charges and Payment of Fees section above. Client agrees that AWS CREATIVE SOLUTIONS LLC. may charge such unpaid fees to Client’s credit card or otherwise bill Client for such unpaid fees.
Bandwidth Overages
Customer agrees that advertised bandwidth allowances represent the sum of the incoming and outgoing allowances, such that the incoming bandwidth allowance is half of the advertised value and the outgoing bandwidth allowance is half of the advertised value. Customer agrees that bandwidth usage that exceeds the allowance either incoming or outgoing shall be billed at $2.00 per GigaByte.
Security Interest
Customer grants AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM a blanket security interest in the customer’s contract with their customers who are renting servers from them in the AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM data center in the event of non-payment by customer – customer agrees that AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM may take these customer contracts direct without a tortious interference claim to protect the credit balance owed AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM by customer and full ownership of the contracts shall transfer as well if balance is more than 60 days old.
Term
The term of this Agreement shall begin upon the date the server is installed and made available to customer and shall be for 1 month and shall renew for successive 1 month terms until terminated by either Party upon the sooner of (i) thirty (30) days prior written notice to the other Party, or (ii) the expiration or termination of all Service(s) set forth in the Statement of Work and all Work Order(s).
Termination Due to Breach
In the event that Customer commits a material breach of any of its obligations hereunder, AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM may terminate this Agreement or (at AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM’s sole option) suspend, interrupt or terminate one or more Service(s) to which such breach pertains by sending written notice of termination to Customer with termination effective as of the fifth (5th) calendar day after the date such notice is given.
Effects of Termination
Unless the Parties agree otherwise in writing, termination of the Agreement shall also serve to terminate all Service(s) and Statements of Work and to cancel all Work Orders, and Customer shall pay AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM all Fees and Expenses earned or incurred by AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM pursuant to such Service(s), Statements of Work and Work Orders through the date of termination, less any payments made hereunder by Customer prior to said termination. We do not offer refunds. Additionally, all property of each Party which is in possession of the other Party shall be returned to its owner. In the event one or more Service(s) is terminated prior to the expiration of the Term for such Service(s) (other than due to a material breach of this Agreement by AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM.
Warranties of HOSTING-MASTER.COM 99.999% uptime
AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM warrants that the Service(s) shall be provided in a workmanlike and professional manner. Upon AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM’s breach of the foregoing warranty,
Customer’s sole and exclusive remedy shall be to require AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM to exercise commercially reasonable efforts to repair or replace the nonconforming Service(s); provided, however, that, with respect to any Service(s) which are interrupted or rendered inoperable due solely to AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM’s breach of the foregoing warranty for any time period, Customer shall also be entitled to a pro-rata refund of any Fees attributable to the interrupted or inoperable Service(s) in an amount determined by multiplying the fixed monthly, recurring Fees (if any) for the interrupted or inoperable Service(s) by the ratio that the number of consecutive hours of inoperability bears to 720 hours (for the purpose of this computation, each month is deemed to have 720 hours). AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM will not be liable to any extent whatsoever for interruption, restriction, inoperability or malfunction of any Service(s) which is not caused solely by a breach of the warranty set forth in this Section 4.1. AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM expressly reserves the right to suspend, interfere with, impair or terminate Service(s) as necessary for purposes of maintenance, upgrades or repair (either byAWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM or by any supplier, partner or independent contractor of AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM) or in the event of any circumstance which AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM, in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of any Service(s) or any plant, services or facilities of any Indemnitees (as defined in Section 4.3) or of any third party, and neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement.
ALL FEES ARE NON-REFUNDABLE:
Fees paid for custom web building services, custom programming, custom social media marketing services or XTReme Support are fees for services that once rendered are non-refundable.
Retainers paid to begin a joh are to cover initial planned and development of your website. Should you proceded to contract with AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM , any portion of the retainer not used in preplanning development will be applied to the final cost of your website.
Hosting fees are paid month to month. Thus, if you cancel your hosting you will not be entitled to any refund. You will simply pay your final month and your site will be terminated.
Hosting Solutions sold as “hosted solutions” are paid monthly and are covered by a minimum 2 year contract. All long-term hosted solutions are then provided a reduced rate to continue their site and support unless the support level increases beyond the provided 1 hour of live support normally provided.
EXCEPT AS SET FORTH IN SECTION 4.1.1, HOSTING-MASTER.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED. Customer expressly acknowledges and agrees that proper provision of the Service(s) is dependent upon the provision to AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM by Customer of timely and accurate information regarding (i) Customer’s needs and expectations regarding the Service(s), and (ii) all operational, technological or other data which Customer knows or should know is relevant to the provision of the Service(s) (collectively “Information”). Customer shall provide the Information to AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM in a timely manner and the Information shall be accurate. Customer agrees that, in the event of Customer’s breach of its obligations in this Section 4.1, the warranty set forth in Section 4.1 shall be null and void.
Warranties of Customer. Customer hereby covenants, represents and warrants that:
Customer will not, and will not permit others to, use any Service(s) (i) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity, (ii) in violation of any applicable law or regulation, (iii) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (iv) in connection with any conduct or activity that is, in the sole opinion of AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortious or violative of the rights of any other person or entity; Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s);No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will (i) interfere with or impair any Service(s) or any plant, services or facilities of any Indemnitees or of any third party, (ii) unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnitees or of any third party, or (iii) create, cause or contribute to the creation or causing of a hazard to any Indemnitees or to any third party;
Indemnification
AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM reserves the right to suspend, interrupt or terminate any Service(s) or this Agreement immediately without further notice in the event of a breach by Customer of Section 4.2. AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM reserves the right to remove, delete, disable or block transmission of any data or materials which AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM reasonably believes constitute, either alone or in conjunction with other acts, omissions or data or materials, a breach or potential breach by Customer of Section 4.2. Customer agrees to defend, indemnify and hold harmless AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM, its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors, suppliers and customers (excluding Customer) (collectively “Indemnitees”) against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnitees (including without limitation claims, liability, loss, damage, or harm in connection with death, bodily injury or injury to real or personal property) arising from or in connection with (i) Customer’s purchase or use of any Service(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnitees arising from or in connection with the use by any third party of any Service(s) purchased by Customer regardless of whether such use was authorized by Customer, or (ii) Customer’s breach of any provision of this Agreement.
Limitation of Liability
Any other provision of this Agreement to the contrary notwithstanding, the aggregate liability of all Indemnitees for any losses or damage, whether direct or indirect, arising out of or in connection with the Service(s), including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed the greater of (i) One Thousand Dollars, or (ii) the Fees paid by Customer to AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM during the two (2) months preceding the month in which liability arose for the Service(s) in connection with which such liability arose. AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against Customer by any third party, even if AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM was advised of the possibility of same. Under no circumstances shall AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM be liable hereunder for special damages, consequential damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages. No action arising out of this Agreement, regardless of form, may be brought by Customer against AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM more than one (1) year after the cause of action arose. Without limiting the foregoing:
Customer acknowledges that AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM is not responsible for controlling or monitoring any content, information, data or other materials stored on, transmitted via, or accessible through use of, the Service(s), and AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM will have no liability to Customer whatsoever in connection with such content, information, data or other materials (including without limitation the accuracy or suitability thereof or unauthorized access or damage to, alteration, theft, corruption destruction or loss of, Customer’s data or other materials); AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM will have no liability to Customer whatsoever in connection with any harm or loss arising from or in connection with unauthorized access to the Service(s); and all Indemnitees are expressly made third party beneficiaries of this Section 5.
This Section 5 shall survive expiration or termination of this Agreement for any reason whatsoever.
AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM and Customer acknowledge that proprietary and confidential information (including without limitation trade secrets) (collectively “Proprietary Information”) of each Party may be disclosed to the other Party throughout the term of this Agreement. Each Party agrees to not reverse engineer, decompile, disclose to any third party, or to use for any purpose not strictly required for such Party’s performance hereunder, such Proprietary Information except to the extent that such Proprietary Information was: (i) made publicly available by the owner of the Proprietary Information or lawfully disclosed by a non-party to this Agreement; (ii) lawfully obtained from any source other than the owner of the Proprietary Information; (iii) independently developed by personnel of the receiving Party to whom Proprietary Information had not been previously disclosed and not based on or derived from such Proprietary Information; or (iv) previously known to the receiving Party without an obligation to keep it confidential. Customer will not contract directly with any subcontractor relationships that AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM has under this agreement or are connected to future services related to this agreement or that are of the same nature. Anything to the contrary herein notwithstanding, AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM may disclose such information to its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors and suppliers which have signed and are bound by a suitable non-disclosure agreement with AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM in order for AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM to perform the service in this contract. The obligations set forth in this Section 6 shall survive the termination of this Agreement for any reason whatsoever for a period of three (3) years; provided, however, that, with respect to Proprietary Information which constitutes a trade secret, the obligations set forth in this Section 6 shall survive the termination of this Agreement for any reason whatsoever for so long as such Proprietary Information constitutes a trade secret under applicable law.
Force Majeure
If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party’s performance shall be extended for a period of time equal to the duration of such delay.
Construction, Venue, Jurisdiction
This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of Georgia. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the State of Georgia. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.
Waiver
No waiver of any right or remedy shall be valid unless in writing and delivered to the other Party, and waiver of a right or remedy on one occasion by a Party shall not be deemed a waiver of such right or remedy on any other occasion.
Integration
This Agreement, including all referenced or attached exhibits, schedules, attachments or documents, sets forth the entire agreement and understanding between the Parties pertaining to their subject matter and supersedes all prior or contemporaneous discussions, agreements, promises or understandings between the Parties. Neither Party shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided in this Agreement.
Superior Agreement
This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Addition to or variance from the terms and conditions of the Agreement by Customer, including without limitation any additional or varying terms contained in Customer’s preprinted forms, correspondence or other documents transmitted to AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM, shall be of no effect, unless otherwise expressly provided in the Agreement.
Assignment
This Agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM’s prior written consent. Any attempted assignment without AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM’s written consent shall be null and void.
Notice
Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be delivered in writing, addressed and sent to the address provided herein and to the attention of the Party executing the Agreement or the person’s successor, by either (i) registered mail, (ii) certified mail, return receipt requested, or (iii) overnight mail, or (iv) by telephone facsimile transfer (v) email that is replied to as accepted – appropriately directed to the attention of the Party executing the Agreement or that person’s successor. Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be deemed effective when received.
Severability
If any provision of the Agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same Agreement.
Acceptance
Payment of customer of the first month’s fees shall constitute acceptance of this agreement. This agreement shall be modified from time to time by AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM and the then current version shall be posted on the AWS CREATIVE SOLUTIONS LLC (www.awscreativesolutions.com), MYFASTQUOTE.COM, NEEDASITEMAKEOVER.COM & HOSTING-MASTER.COM website. If customer does not agree to the new terms – customer should cease utilizing the services at the next term.
If you are terminated due to a violation of our terms of service you agree that you will not receive any partial refunds and that this shall be considered a reasonable estimate of the liquidated damage and not a penalty.
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We utilize state of the art equipment and the latest version software to develop your graphics and web site. Visit our portfolio.
Our project quotes are usually at least 30% less than other companies. We also provide a list of verifiable references to all serious inquiries and always guarantee our work and your satisfaction. Use our web design Inquiry form or contact us today to help us better understand your online business needs.
Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
REVISIONS TO THIS TERMS OF SERVICE POLICY: AWS CREATIVE SOLUTIONS, LLC, www.awscreativesolutions.com reserves the right to revise, amend, or modify this page, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Legal Policies
- Original: Posted January 1997
- *Revision January 1, 2004
- **Revision June 2, 2004
- ***January 2005
- ****June 21, 2005
- ******August 17,2006
- ********June 15, 2010
- *********July 20, 2011
- **********September 15, 2011
