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By
employing the services of CTS WEBTREX, You as the client
certify that you have read, understand and agree to be bound
by the Terms and Conditions set forth by CTS WEBTREX.
This
Agreement represents the complete agreement and
understanding between CTS WEBTREX and the account
holder (hereinafter called Client) and supersedes any other
written or oral agreement. CTS WEBTREX may modify these
terms and conditions, amplify them, and/or modify the prices,
as well as discontinue or change services offered.
A statement
about our links:
CTS
WEBTREX (ctswebtrex.com) may contain links to Web sites other
than our own. CTS WEBTREX does not assume any responsibility
for those sites and provides those links solely for the
convenience of our visitors. CTS WEBTREX does not control the
content of these sites and takes no responsibility for their
content, nor should it be implied that CTS WEBTREX endorses or
otherwise recommends such sites or the products or services
offered.
If
you do not agree with these terms and conditions contact us at
sales@ctswebtrex.com
so we can initiate a closure of your account. USE OF YOUR
ACCOUNT shall constitute your approval of and agreement with
our terms and conditions.
1.
CTS WEBTREX makes no warranties of any kind, whether expressed
or implied, for the service it is providing. CTS WEBTREX also
disclaims any warrant of merchantability or fitness for a
specific purpose. CTS WEBTREX will not be responsible for
damages the client suffers. This includes, but is not limited
to, loss of data resulting from delays, non-deliveries,
misdeliveries, or service interruptions caused by its own
negligence, subscriber's errors or omissions, or due to the
fault of third parties.
2.
Services provided to the Client by CTS WEBTREX may only be
used for lawful purposes. Transmission or publication of
any information, data or material in violation of any U.S.
Federal or State regulation or law is strictly prohibited.
This includes, but is not limited to, material protected by
copyright, trade secret or any other statute, threatening/hate
material or obscene material. CTS WEBTREX reserves the right
to remove any and all materials which infringe on copyright
work, or would be considered threatening or obscene. Such
materials will be removed, at any time, upon receiving a
complaint and or notice of copyright infringement.
3.
Client agrees to defend, hold harmless and expeditiously
indemnify CTS WEBTREX from any liability, claim, loss, damage
or expense arising out of the indemnifying party's breach or
violation of any covenant contained in this Policy and
resulting from Client's use of our service.
4.
CTS WEBTREX accounts cannot be transferred or used by anyone
other than the subscriber. Clients may not sell, lease, rent
or assign the connection or parts of the connection to any
party not named in this Policy. Client may allow ftp access to
its server and host web sites for its customers without
violating this Policy. Network bandwidth charges in excess of
allocated amount will be assessed from access log reports
generated by the HTTPD server.
5.
CTS WEBTREX reserves the right to cancel service for any
reason without prior notice. In case of cancellation initiated
by CTS WEBTREX, unused hosting fees may be returned to the
subscriber on a pro-rata basis. Fees for setup, design and the
first month's service are not refundable.
If
a client re-registers after CTS WEBTREX's cancellation of the
account without CTS WEBTREX's written consent, CTS WEBTREX
will cancel Clients account and all dues and fees paid to date
regardless of whether service has been rendered will be
forfeited. Additionally, any amounts due will be immediately
payable.
6.
Setup, hosting and design fees are not refundable.
7.
At the time of account cancellation, A Cancellation Code will
be provided. If accounts are billed in error after the
Cancellation date, credits will only be issued with a valid
CTS WEBTREX Cancellation Code. If cancellation is done in
writing, it will the responsibility of the Client to contact
CTS WEBTREX for the Cancellation Code.
8.
Additionally, Client agrees not to utilize the CTS WEBTREX
service, equipment or e-mail address in connection with the
transmission of the same or substantially similar unsolicited
message to 50 or more recipients or eight or more newsgroups
in a single day. Clients responsible for violating this clause
of the CTS WEBTREX Terms and Conditions will be fined $400.00
per message. Payment by Client under this provision shall not
prevent CTS WEBTREX from seeking other legal remedies against
Client.
9.
Client agrees not to transmit, promote, or otherwise make
available any software, product or service that is either
illegal or designed to violate this Agreement. Such software,
products or services include, but are not limited to, programs
designed to send unsolicited advertisements (i.e. "Spam
ware") and services which send unsolicited
advertisements.
10.
CTS WEBTREX requires that its agreements be made with a person
who is qualified to contract. As such, subscriber must be over
the age of eighteen (18) years. Otherwise, a parent or
guardian must accept this agreement and enclose the proper
payment. CTS WEBTREX cannot accept payments from any person s
who are not at least eighteen (18) years of age, nor can we
accept agreements from persons who are not at least eighteen
(18) years of age.
11.
Client shall ensure that its use of CTS WEBTREX's network
services shall not disrupt CTS WEBTREX, its associated
networks or equipment forming part of the systems. In
instances in which an excessive amount of system resources are
utilized by a subscriber, CTS WEBTREX reserves the right to
place CPU process limits on the Client's account to prevent
disruption of service to other customers. Clients shall not
transmit any communication where the meaning of the message,
or its transmission or distribution, would violate any
applicable law or regulation or would likely be offensive to
the recipient thereof. No message may be mass distributed,
"broadcast," or otherwise sent on an intrusive basis
to any CTS WEBTREX user or to any directly or indirectly
attached network. Use of CTS WEBTREX's connection in a manner
that is disruptive, damaging, unlawful, offensive, or
intrusive as determined by CTS WEBTREX shall be considered a
breach of this Policy and may result in cancellation of
service. This prohibition extends to sending of unsolicited
mass mailings from another service which in any way implicates
the use of CTS WEBTREX's service, CTS WEBTREX's equipment or
any site hosted on any CTS WEBTREX network.
12. Client warrants that any material submitted for
publication by CTS WEBTREX or on a CTS WEBTREX hosted site,
does not violate or infringe any copyright, trademark, patent,
statutory common law, proprietary interest or intellectual
property of others or contain anything obscene or libelous.
CTS WEBTREX reserves the right to remove any and all materials
which infringe on copyright work. Such materials will be
removed at any time upon receiving a complaint and or notice
of copyright infringement. In cases where a client provides
material that is trademarked or the intellectual property of
someone other than the client, the client agrees to
expeditiously defend, hold harmless and otherwise indemnify
CTS WEBTREX of any claims by the third party.
13. If CTS WEBTREX becomes aware of material that could be
infringing on a third party's copyright, it will initiate an
investigation. To conduct an investigation of copyright
infringement, the Complainant must submit at least two items.
First, Complainant must submit a claim in writing with the
applicable copyright or trademark registration number and a
copy of the underlying copyrighted work along with the
Client's materials. Second, Complainant must offer a good
faith certification signed under penalty of perjury. This
certification must state that the work is the property of the
Complainant, that the work has been copied and that use of the
work is not defensible. With this information in-hand, CTS
WEBTREX, at its discretion, may, at any time deny access to
the challenged material of Client.
14. Use of other organizations' networks or computing
resources is subject to their respective permission and usage
policies.
15. For all new domains, there is an initial InterNIC
registration fee of $70.00 for the first two years. CTS
WEBTREX will automatically pay this fee as well as all annual
renewal fees of $35.00 to the InterNIC on your behalf while
your CTS WEBTREX account is active and current. These fees
will appear on your billing statement unless prior
arrangements are made with our customer service department.
16. Use of CTS WEBTREX's hosting services could involve
listing subscriber's participation in relevant directories,
and subscriber expressly grants permission for such listings.
17. Although all hosting plans permit unlimited data transfer,
each plan is subject to a surcharge in the event usage exceeds
the allotted free bandwidth for that plan. Customer is
responsible for charges related to bandwidth exceeding the
plan's allotted data transfer.
18. Any party seeking to report violations of CTS WEBTREX's
policy may contact via e-mail: abuse@ctswebtrex.com.
19. Transferring your domain to another provider does not
constitute cancellation your account with CTS WEBTREX. You
must notify CTS WEBTREX to formally cancel your account
with CTS WEBTREX to avoid further charges. Notification must
be made prior to transferring your account. If notification is
not made prior to your accounts expiration date client agrees
to be responsible for all accrued charges including but not
limited to a disconnect fee equal to one month of hosting
fees.
20. On occasion, CTS WEBTREX may have a need to communicate
with its Clients through e-mail issues related to billing, as
well as changes, additions and modifications to the network.
It is the responsibility of the Client to check e-mail sent to
the primary login e-mail address on the account.
21. It is the responsibility of the Client to contact CTS
WEBTREX of any changes to their account, such as phone number,
address, credit card information, etc. Clients will be
required to provide verification for security purposes
authorizing them to make any changes to that account.
22.
CTS WEBTREX reserves the right to refuse any business, at any
time, from any one, for any reason, at our discretion.
23.
The first invoice for hosting will contain two months of the
hosting fee up front along with the set-up fee. Payment must
be made in full before the web site will be set-up. In cases
which the client would like us to register their domain name,
a fee of 70.00 dollars must be forwarded with the two month
hosting fee and the set-up fee.
24.
CTS WEBTREX Works on a retainer basis. CTS WEBTREX will issue
a quote for work. If the client accepts the quote the Client
at that point should forward a check or money order to CTS
WEBTREX with The Contract Agreement, in the amount of the
quote. However a quote is an estimate and depending on the
intricacy of the project might not be accurate. If the work
being done extinguishes the retainer, the Client will receive
an update, including how much of the project is completed and
can decide whether or not they wish to send in another
retainer or stop the process at that point. If the quote is
more than the cost of the actual work the client has the
option of a credit or a refund. If the Client cancels the
project once work has begun, The Client will forfeit any
retainer and or setup fees and will not be entitled to a
refund or credit of any kind, in addition the client agrees
that cancellation of the order once work has begun does
not relieve the client of their financial obligation, and the
client shall forward a payment in the amount of the total
outstanding balance on their account.
25.
CTS WEBTREX offers specials from time to time, and may, at our
discretion, discontinue any special without prior notice.
26.
CTS WEBTREX may change or alter this agreement at any time,
for any reason without prior notice.
27.
Client acknowledges that they will be billed for anytime
dedicated to their account including but not limited to phone
calls, office visits, conception and consultation, whether in
person, via e-mail, phone, fax or otherwise. If time is
dedicated to clients account but less than one hour is spent
in any billing cycle a minimum one hour charge will apply
equal to our current rate.
28.
A retainer must be paid before any work can be done. If agreed
upon by an authorized CTS WEBTREX representative, the retainer
can be in the amount equal to at least half of the job quote.
Once we receive the retainer we will begin work. We will
deduct charges from the retainer as we proceed. Once the
retainer is extinguished we will request the remaining portion
of the job quote to be paid in full prior to delivery of
completed work. If for any reason the client chooses to stop
the project once we begin production on the project, client
will forfeit any and all monies including the entire retainer.
Minimum billing in any one cycle is one hour, for any work on
clients account. The client agrees that quotes or estimates
are a gauge to determine about how long a job will take and
that actual time spent can exceed the quote or estimate.
Client will be responsible for the entire amount of actual
time spent on project, unless client is participating in a
package or other special offered by CTS WEBTREX, In those
cases the client will be responsible for no more than the
highest price quoted, If the work exceeds the highest price
quoted and the client makes no changes to the original order,
the excess time spent on account will not be billed. If a
client chooses to end a project before completion they will
not gain the right to any of the work. Work will not be
transferred to the client unless the project is completed and
payment is received in full and then only the finished product
will be transferred (See paragraph #35). All Rush orders will
be subject to a fee of at least $100.00. Fee for rush orders
will be determined by the work to be done and the amount of
time involved. If at any time the client takes longer then 30
days from the time they enter the agreement with CTS WEBTREX
to submit information for the development of their site. The
client understands that payment in full for any and all design
work will be required when they do not submit the site
information within 30 days of employing our services. Any work
requested by the client that was outlined in the quote will be
subject to additional charges.
29.
Payment for all orders must be personally guaranteed by the
client, in situations that the client is a company, payment
must be guaranteed by an officer of the company. If the client
company should cease to exist, be sold or file bankruptcy, we
have a right to payment in full of clients account either
directly from the person entering into this agreement or
through escrow if the business is sold.
30.
These Terms and Conditions are non-negotiable.
31.
A 2% service fee will be applied to any account that is
overdue by 7 days.
32.
In cases that a client is approved with a line of credit,
whether for design, hosting or maintenance, the client agrees
to be responsible for paying the debt promptly (within 7 days
of receipt of invoice) and acknowledges responsibility for any
and all costs incurred by CTS WEBTREX in order to collect the
debt, if collection becomes necessary. If a client does not
submit payment for service within (7) seven days of receipt of
the invoice and their account enters delinquent status their
account will be suspended and deleted. Suspension and deletion
of the clients account does not relieve the client of their
obligation to pay their debt. Charges will continue to accrue
until the amount owed is paid in full. If a client allows
their account to fall into delinquent status they will forfeit
any and all monies paid towards the design and hosting
of their site and they will have their line of credit revoked,
as well as losing any and all rights to any of the work
completed prior to the client entering delinquent status . If
a client chooses to have their account status moved from
delinquent to active they must pay the outstanding balance on
their account in full, in addition to the setup fees (for
hosting) and three months of hosting in advance, along with
payment in full, in advance for any and all design work to be
done. In cases of "failure to pay" the client
will be responsible for any and all expenses incurred by CTS
WEBTREX to collect the debt, including but not limited to
collection fees, attorney fees and court costs.
33.
We reserve the right to amend or change any of the terms,
conditions, price schedule or agreement at any time for any
reason without prior notice.
34.
The client agrees to be responsible for any balance due,
service charges, administration charges and any charges
incurred by CTS WEBTREX to collect the debt including but not
limited to legal representation, court fees and time spent on
debt collection proceedings in addition to the time spent by
a CTS WEBTREX representative to collect the debt.
35.
In regards to web page design, the client understands and
agrees that they are paying for the final product and in no
way gain rights to the raw work (work done throughout the
development process in order to achieve the final result).
This includes but is not limited to: Flash movies, scanned
images, logos. etc. The client is only entitled to the
finished product which is the finished web site as outlined in
the quote. In other words when a client employs CTS WEBTREX or
one of it's agents to design a site they are entitled to the
finished site as per the agreed upon quote not any of the
movies or materials used to achieve the end result. If client
decides to employ another design firm or edit the site
themselves, they are not entitled to any pre-completion work,
including but not limited to Flash Movies, Java Applets,
Logos, Forms, etc. The design and concepts used when designing
a site are considered trade secrets, proprietary information
and the intellectual property of CTS WEBTREX and all rights
remain with CTS WEBTREX. The client also agrees to allow CTS
WEBTREX to place our logo with a link to our site on their
home page. Our logo will remain on the home home page of the
clients site as long as the site we developed is being used.
The Client shall have 72 hours, from time of completion, to
view the site and submit change requests. If the client
chooses not to view material within the 72 hours it will
constitute acceptance of the web site as is. Once the web site
is published to an IP address it will be considered completed
as long as the quoted amount of pages are published to the
internet and are accessible via a web address or IP address.
In cases where the client has a domain name that was not
registered by CTS WEBTREX or they are a current client of a
hosting company other than CTS WEBTREX, the client is
responsible for requesting any changes or modifications to the
Domain Name record and DNS entry either through Network
Solutions or their current hosting company in order to have
their current domain address point to the proper servers. CTS
WEBTREX is not liable nor responsible for making any changes
or modifications to domain records or respective entries
of domain records for domains that were not registered by CTS
WEBTREX. If the client fails to submit a change request
through their current hosting company or Network Solutions and
the site is completed the client agrees that they will be
responsible for payment in full for all design and hosting
fees regardless of whether or not the domain name points to
the correct servers. In addition the client agrees that all
information needed for the design of the web site will be
forwarded either with the retainer or within two weeks of
submitting the retainer. In cases where the client employs CTS
WEBTREX to design their site the client agrees and understands
that not providing the information to CTS WEBTREX within
thirty (30) days of submitting the retainer will constitute
abandonment of the project by the client. In cases of
abandonment the client agrees to forfeit the retainer and
relieve CTS WEBTREX of any and all liability or
responsibility for the design of their site.
Quotes are good for the time specified by CTS WEBTREX when
submitting the quote to the Client, in cases where there is no
specified time for expiration of the quote it will be
understood that the quote will be valid for no more then seven
(7) days. No refunds of any kind will be given once the design
process has begun.
36.
In regards to hosting, a client may not cancel their account
with CTS WEBTREX unless their account is paid in full and
agrees to be responsible for the charges applied to their
account until it is paid in full, at which point they may
cancel their account. Hosting fees are due on the 10th of
every month and must be paid by the due date in order to
insure no interruption in hosting service. If a client does
not pay the hosting fee by the 10 day of the month their
account will be suspended until their account is brought
current, in addition they will be charged a reinstatement fee
equal to the setup fee for the hosting plan they are on, they
will also be required to pay for their hosting service in
advance, in increments of 3 months. Once a client has had
their account reinstated for longer than 6 months they may, at
the discretion of CTS WEBTREX, be moved back onto a monthly
payment schedule for hosting fees.
37.
Client agrees to defend, hold
harmless and expeditiously indemnify CTS WEBTREX from any
liability, claim, loss, damage or expense arising out of the
interruption in service including but not limited to
connectivity, hosting and email.
38. The
Client also agrees to the following:
I
do hereby authorize any attorney at law to appear for me in an
action regarding payment of outstanding invoices, at any time
after said invoices become due in accordance with the terms
outlined in this Agreement, in any Court of Record situated in
the county where CTS WEBTREX then resides or in the county
where I entered into this Agreement and being in the United
States, to waive the issuing and service of process and
confess a judgment in favor of the legal holder of the of
above against me, for the amount that may then be due thereon,
with interest at the rate of 2% per 30 days, and cost of
suit,
service and administration charges and any charges incurred by
CTS WEBTREX to collect the debt, including but not limited to
legal representation, court fees and time spent on debt
collection proceedings by a CTS WEBTREX representative
to collect the debt at a rate of $100.00 an hour, and
waive and release all errors in said proceedings and the right
of appeal from the judgment rendered.
The client entering into this agreement with CTS WEBTREX
guarantees payment of the amount due either directly or
through escrow if business is sold.
If
any court of competent jurisdiction finds any provision of
this Agreement to be invalid, illegal, unreasonable or
unenforceable, but by limiting such provision, it could become
valid, legal, reasonable or enforceable, then such provision
shall be deemed to be written, construed and enforced as so
limited. In the event, in spite of the foregoing sentence, any
provision or a portion of any provision of this agreement
shall be found by any court of competent jurisdiction to be
invalid, illegal, unreasonable or unenforceable, the remainder
of the Agreement shall nevertheless remain valid, enforceable,
and binding on the parties.
This
Agreement supersedes any and all other agreements, either oral
or in writing, between the parties with respect to the subject
matter, and no other agreement, statement, or promise relating
to the subject matter of this Agreement shall be valid or
binding.
39.
In regards to new hosting accounts:
Hosting
accounts are billed month to month but for all new accounts
the setup fee and the first three months hosting fee must be
paid upfront to activate account.
40.
If a client wishes to have their site setup on a server other
than ours or if they wish to relocate their site the following
protocol will be followed. The client should submit to CTS
WEBTREX the IP address of the new server, the user name and
password to the specific account. We will upload the site to
the new server for you. Any work for moving a site will be
billed in advance at our current hourly rate.
Pricing
Schedule:
If
you would like a price schedule please contact us.
Authorized
Resellers Program and Platinum Plus Resellers Program:
In
addition to the terms and conditions listed on this a page,
are specific guidelines which must be met in order to
participate in either the authorized resellers program or our
platinum plus resellers program. Contact Us to for more
information.
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