Service Agreement
(Gold Package)

 

THIS SERVICE AGREEMENT dated ________________, 20__

 

BETWEEN:

The Undersigned Organization

(the "client")

 

- AND –

 

BestBuiltWebsites.com, dba Golden Technical Services
of P.O. Box 2914 , Humble, Texas, 77347-2914

(the "Service Provider")

 

 

 

BACKGROUND:

 

  1. The Client is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Client.

 

  1. The Service Provider is agreeable to providing such services to the Client, on the terms and conditions as set out solely in this Agreement.

 

 

 

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

 

Engagement

 

  1. The Client hereby agrees to engage the Service Provider to provide the Client with services consisting of the following:
    1. The construction of One (1) Website consisting of up to ten (10) pages with the following restrictions per page:
      1. Up to 500 words, 10 graphics, and 1 streaming media clip (Windows Media based only),  - OR -
      2. One (1) ASP technology based communication form,  - OR -
      3. Twenty (20) e-commerce shopping cart items
      4. Website must be hosted by The Service Provider
      5. Content is subject to approval by The Service Provider prior to publishing.
    1. Web Hosting with the following restrictions:
      1. Up to 2 Gb of outgoing transfer bandwidth per month.
      2. Up to 200 Mb of total file storage
      3. Files stored on website must be free of viruses and spyware.
    1. One (1) maintenance update per month to no more than five (5) of the ten (10) pages on the website with the following restrictions:
      1. Update requests must be received by The Service Provider at least two (2) weeks prior to the desired publish date of the updated changes.
      2. Up to five (5) graphics per page replaced.
      3. Maintenance provided only for the website(s) constructed by The Service Provider.
    1. Access to analytical traffic report for the website constructed. Username and password will be provided for such access.
    2. And such other services as the Client and the Service Provider may agree upon from time to time (the "Services"), and the Service Provider hereby agrees to provide the Services to the Client.

 

Term of Agreement

 

  1. The term of this Agreement will begin on the date of this Agreement and will remain in full force and in effect for a period of 12 months subject to earlier termination as otherwise provided in this Agreement, with the said term being capable of extension by mutual written agreement of the parties.

 

Performance

 

  1. Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

 

Compensation

 

  1. For the Services provided by the Service Provider under this Agreement, the Client will pay to the Service Provider compensation in the amount of $100.00 per month. Additional e-commerce shopping cart items can be purchased at an additional cost of $2 per month for each set of Twenty (20) shopping cart items. Additional pages can be purchased at an additional cost of $10 per month for each One (1) additional page. If The Client is based in Texas, The Client will pay an additional 6.6% sales tax. Compensation will be payable once per month beginning immediately. The Client will be automatically billed each month for 12 months via the PayPal subscription program using  the credit card, billing address, billing phone number, and email address information, as provided by The Client, in this agreement in order to begin the subscription program immediately.

 

Late Penalties

 

  1. The following penalties will be imposed on the Client for failing to pay the Service Provider in a timely fashion. In the event payment is not received within 7 days of due date, all services will be suspended until payment is arranged. In the event payment is not received within 14 days of due date, an early termination fee of $1100.00 will be immediately billed to The Client using the credit card, billing address, billing phone number, and email address information, as provided by The Client, in this agreement. In the event the funds, to cover the $1100.00 termination fee, are not available, The Service Provider will file a claim in small claims court against The Client to recover the $1100.00 termination fee and all court costs incurred by The Service Provider in order to file the claim.

Modification of Agreement

 

  1. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.

 

Time of the Essence

 

  1. Time will be of the essence of this Agreement and of every part hereof. No extension or variation of this Agreement will operate as a waiver of this provision.

 

Severability

 

  1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

 

Currency

 

  1. Unless otherwise provided for, all monetary amounts referred to herein will be paid in United States dollars.

 

Termination of Agreement

 

  1. The Client may terminate this Agreement at any time by giving the Service Provider 1 Month written notice. All cancellations of this contract must be done in writing. There is a cancellation penalty of $1100.00, due upon written notice of cancellation, if The Client desires to cancel this Agreement prior to the end of the term (12 months from date of initiation of this agreement). Upon the end of the term, this Agreement shall auto-renew on an annual basis. IF THE CLIENT DOES NOT PROVIDE THE SERVICE PROVIDER WITH THIRTY DAYS WRITTEN NOTICE OF INTENTION TO CANCEL THIS AGREEMENT, THIS AGREEMENT SHALL BE EXTENDED ON AN ANNUAL BASIS AT THE SAME MONTHLY PAYMENT AND UPON THE SAME TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE END OF TERM OPTION SET FORTH IN THIS SECTION.

  2. If content is not approved by The Service Provider, and The Client and The Service Provider can not come to an agreement, so as to make the content approved by The Service Provider, The Client may opt to purchase the contents of the website, so as to transfer the contents of the website to another service provider, for the price of $1100.00, thereby canceling this Agreement.

 

  1. The obligations of the Service Provider under this Agreement will terminate upon the earlier of the Service Provider ceasing to be engaged by the Client or the termination of this Agreement by the Client or the Service Provider.

Entire Agreement

 

  1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it.

Governing Law

 

  1. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Texas, without regard to the jurisdiction in which any action or special proceeding may be instituted.

 

 

IN WITNESS WHEREOF the parties have duly executed this

Service Agreement.

 

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