All goods and services provided by Arborcorp, Ltd.
("Arborcorp") to the Client are subject to the following terms and conditions:
- ACCEPTANCE - A signed statement must be provided by all
Clients at the time of submission of work to Arborcorp, indicating agreement to and
acceptance of these Terms and Conditions.
- CHARGES - Charges for goods and services provided by
Arborcorp are as defined in the Web Site Packages section of
this World Wide Web site. All World Wide Web site design services require an advance
payment of a minimum of 50% of the total before the work is supplied to the Client for
preview. Upon Client approval of the work and final payment for services, the web site
will be activated for public access through the World Wide Web. No sites will be activated
without full and final payment being received. Quotes for custom services will be provided
after evaluation of the requirements submitted by the Clients. Arborcorp reserves the
right to change the rates for services with thirty (30) days advance notification to the
Client. Complete proposals for work will be provided on request, and are valid for thirty
days from the date of issue.
- PAYMENTS - All fees are in U.S. dollars. Checks are to be
made payable to Arborcorp, Ltd. The Client may elect to receive either e-mail or hard copy
invoices. Invoices are due on receipt and payment must be received in full before the
pages are placed on the World Wide Web. Accounts that remain unpaid thirty (30) days after
the date of invoice will be assessed a service charge in the amount of one and one-half
percent (1.5%) per month of the total amount due.
- DESIGN NOTICE - All web sites designed, created and/or
maintained by Arborcorp shall have a link to the Arborcorp web site (www.arborcorp.com)
with notice indicating that the site was designed, created and/or maintained by Arborcorp.
- BROWSER FUNCTIONALITY - All web sites designed and created
by Arborcorp are intended to function properly for site visitors using either Microsoft®
Internet Explorer®, Netscape® Navigator or America On Line
(AOL) to access the site. Proper functionality of the site with other web browsers cannot
- DEFAULT - Accounts unpaid thirty (30) days after the date
of invoice will be considered in default. If the Client in default maintains any
information or files on web space controlled by Arborcorp, Arborcorp will, at its
discretion, remove all such material from its web space. Removal of such material does not
relieve the Client of its obligation to pay any outstanding charges assessed to the
Client's account. Checks returned for insufficient funds are assessed a return charge of
$25 and the account is immediately considered to be in default until full payment is
received. Clients with accounts in default agree to pay Arborcorp reasonable expenses,
including attorney fees and costs for collection by third-party agencies, incurred by
Arborcorp in enforcing these Terms and Conditions.
- TERMINATION - Termination of services by the Client
must be requested in a written notice and will be effective on receipt of such notice.
E-mail or telephone requests for termination of services will not be honored. The customer
will be invoiced for authoring work completed to the date of first notice of termination
for payment in full within 30 days.
- LEGAL RESTRICTIONS - Arborcorp's services may be used for
lawful purposes only. Submission, transmission, or maintenance of any information or
materials in violation of any U.S. or state regulations is prohibited. This includes, but
is not limited to, material legally judged to be threatening or obscene. Arborcorp
reserves the right to refuse service to the Client without providing reason or cause.
- COPYRIGHT - Client retains the copyright to data, files
and graphic logos provided by the Client, and grants Arborcorp the rights to publish and
use such material. Custom artwork and graphic logos designed by Arborcorp for use in the
Client's World Wide Web Site will remain the property of Arborcorp; at its discretion,
Arborcorp will grant the Client rights to use such material in formats other than the
World Wide Web format. The Client must obtain permission and rights to use any information
or files that are copyrighted by a third party; the Client is further responsible for
granting Arborcorp permission and rights for use of the same.
- INDEMNITY - The Client agrees to indemnify and hold
harmless Arborcorp from any and all claims resulting from the Client's use of Arborcorp's
services which cause damage to the Client or a third party.
- DISCLAIMER - Arborcorp makes no warranties of any kind,
whether express or implied, for the services it provides. Arborcorp also disclaims any
warranty of merchantability or fitness for a particular purpose. Arborcorp will not be
responsible for any direct, indirect or consequential damages which may result from the
use of its services including loss of data resulting from delays, non-delivery or
interruption in service.
- GENERAL - These Terms and Conditions supersede all
previous representations, understandings or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order submitted. Arborcorp reserves the
right to change, at any time, the terms and conditions of the acceptance of orders for
authoring and placement of Client's World Wide Web site pages. The Client's signature
below constitutes agreement to and acceptance of these Terms and Conditions.
I have read and understood the Terms and
Conditions for Services provided by Arborcorp, Ltd., and agree to abide by them.
Authorized Signature:_____________________________ Title:______________
Company Name:_______________________________ Date:_______________