Plexamedia, Inc shall, provide to the Client the website design, support services, hosting, marketing, and consultation described above (the “Services”), at such times as the Client may reasonably request.
Plexamedia, Inc shall submit invoices to the Client for this compensation prior to the agreed upon dates. The Client shall pay to Plexamedia, Inc such invoices by the agreed upon dates.
Unless specifically defined in a separate contract for services, the contract with Plexamedia may be canceled with a 30 day notice. Upon termination, Client shall pay Plexamedia, Inc for all outstanding invoices for work performed prior to termination.
For the purposes of this Agreement, the term “Confidential Information” means all information disclosed to, or acquired by, Plexamedia, Inc, its employees or agents in connection with, and during the term of this Agreement which relates to the Client’s past, present and future research, developments, systems, operations and business activities, including, but not limited to, the following: all items and documents prepared for, or submitted to, the Client in connection with this Agreement; all information specially designated by the Client as confidential; but shall not include any information which was known to Plexamedia, Inc, its employees or agents prior to the date hereof, or which was publicly disclosed other than by breach of this Agreement.
Plexamedia, Inc acknowledges that pursuant to the performance of its obligations under this Agreement, it may acquire Confidential Information. Plexamedia, Inc covenants and agrees, during the service terms and following any termination of this Agreement, to hold and maintain all Confidential Information in trust and confidence for the Client and not to use Confidential Information other than for the benefit of the Client. Except as authorized in writing by the Client, Plexamedia, Inc covenants and agrees not to disclose any Confidential Information, by publication or otherwise, to any person other than those persons whose services are contemplated for the purposes of carrying out this Agreement, provided that such persons agree in writing to be bound by, and comply with the provisions of this paragraph. Plexamedia, Inc shall obtain similar covenants and agreements to those contained in this paragraph for the bene t of the Client from each of its employees or agents who are, or may be, exposed to Confidential Information.
The website will be hosted on Plexamedia, Inc servers. The Client will be responsible for a minimum hosting fee.
Rights to Data and Website Files
(a) Upon payment of unpaid invoices, the client may request a copy of the website code and may then use for their personal or business use with a 30 day notice.
(b) It will be the client responsibility to move the site to another host.
PLEXAMEDIA, INC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE DELAY OR LOSS OF USE OR FOR CONSEQUENTIAL DAMAGES. NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, IS MADE UNLESS THE SAME IS SPECIF- ICALLY SET FORTH HEREIN.
Plexamedia, Inc does not warrant the website or software to be free from defects. Plexamedia, Inc will correct any bugs or add any new features. These corrections will be a part of the monthly support agreement and any time beyond that will be billed at the contract rate. Plexamedia, Inc’s liability is limited to correcting any defects (“bugs”) in the software found during this time.
Invoices for the Initial Payment and Final Payment of the Website Payment Schedule are due upon receipt. Invoices for the monthly hosting are due at the first of each month.
This Agreement sets forth the entire Agreement between the parties hereto in connection with the subject matter hereof. No alteration, amendment or qualification of this Agreement shall be valid unless it is in writing and is executed by both of the parties hereto.
If any paragraph of this Agreement or any portion thereof is determined to be unenforceable or invalid by the decision of any court by competent jurisdiction, which determination is not appealed or appealable, for any reason whatsoever, such unenforceability or invalidity shall not invalidate the whole Agreement, but the Agreement shall be construed as if it did not contain the particular provision held to be invalid and the rights and obligations of the parties shall be construed and enforced accordingly.
The parties hereto covenant and agree that each shall and will, upon reasonable re- quest of the other, make, do, execute or cause to be made, done or executed, all such further and other lawful acts, deeds, things, devices and assurances whatsoever for the better or more perfect and absolute performance of the terms and conditions of the this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama. All claims, causes of action or complaints arising from this Agreement are subject to the sole jurisdiction of the courts located in Etowah County, Alabama.