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Agreement

091002

G and W

This web service agreement sets forth the conditions of your contract with G and W Enterprises for web development and hosting services.  Signing the customer invoice or payment of the invoice indicates acceptance of these terms:

Contract

This contract between G and W Enterprises at 1010 W Avenida Del Rio, Clewiston, Fl. 33440 ("G and W") and the "Customer".  It establishes an agreement whereby  G and W will provide web design, development and hosting for world-wide web content as described below.

1. G and W Web Service Description.  G and W will disseminate Customer's content to the public through the global Internet. Content may include any information that is not of an illegal or offensive nature, as outlined in the "Acceptable Use Policy".   For further information, please refer to the G and W Acceptable Use Policy

2. Ownership of Content. Customer shall own and control all interest in the Content they provide for  their website.  Design of the website shall remain the property of G & W Enterprises.   G and W shall not own nor have any interest rights in those portions of the Content provided by Customer or already owned by Customer.  Any programming developed by G & W Enterprises shall remain the property of G & W Enterprises.

3. Contract Timing and billing Cycles.

A. Timing. The contract for service begins when the invoice is signed. Billing cycle and renewal dates are established when the site is made available to the public.  The target date to commence public access is established by agreement between G and W Enterprises and the Customer and is entered on the invoice.

B. Payment. All fees are due within 30 days of signature of the invoice. All sites are generally limited to 10 MB of space, unless prior arrangements are made with G and W. Fees for excess space will be negotiated on a case-by-case basis, and separate invoicing is available for such cases

C. Billing. Billing is available on either annual or semi-annual basis only.

(1) Renewal. Renewal invoices will be for subsequent periods of Service, as specified on the Customer Invoice.  Any changes to the fee structure will be relayed to the customer in advance.

D. Authority to Commit Funds. When Customer signs his invoice he warrants that he is in a position to commit funds and authorizes G and W to bill for the Service and term committed to.  Such payment shall be binding upon the Customer.

4. Service Specifics.

A. Restrictions. Content must comply with the G&W Acceptable Use Policy.

B. Brokerage.  G and W services are for  Customer's Content only, and not for the use by Customer to host other organization's Content for any reason. The Customer may not further broker any of G and Ws services.

C. Statistics.  G and W may distribute usage statistics to selected recipients.  G and W will at all times protect the Customer's identity and privacy, unless prior arrangements are made with the customer.

D. Archives. While G and W backs up its server computers as a regular part of its internal systems administration, our services are for hosting and display. We do not provide or guarantee any storage or backup of Customer's Content. Customer is responsible for archiving revisions to their content.  Once revised, G&W is only responsible for maintaining sites in their present state.

E. Domain Names. Ownership of domain names is a separate contract between the Customer and whatever registrar the customer uses to acquire his domain name.  G and W will do everything necessary to expeditiously secure desired domain names for the Customer.  Customer warrants that their desired domain name in no way constitutes an infringement on the rights or trademarks of any other individual, company or organization.  If any authorities remove allocation or support for the domain name, such dispute shall be between the customer and the respective registrar, and customer may not hold G and W liable in any way.

5. Terms and Exceptions.

A. Contract Term. This contract will extend from the target date specified on the invoice to the end of the specified term. Unless terminated by either party as provided herein, the Contract automatically renews for a successive term of the same duration as the initial term.  Customer will be invoiced for subsequent periods of Service.  Service rendered beyond each term will be subject to continued relevant fees and the G and W Web Agreement in force at the new term. Relevant fees refers to the price of the Service at the date of renewal.  Fees are subject to change with 30 days notice provided by G and W.  Either party may terminate the contract for any reason by providing thirty (30) days written notice before the end of either the initial or any subsequent term.

B. Termination.  This contract can be terminated by either the Customer or G and W Enterprises as outlined below.

(1) Non-Payment. After thirty (30) days of non-payment from the invoice due date, service may be disabled by G and W.  To re-enable delinquent Service, an additional fee of $50 will be required.  

(2) With Notice.  Upon thirty (30) days notice, G and W may terminate the Service at G and W 's discretion. If Customer is using a unique domain name for the Service and contracts with a new service provider, G and W shall make reasonable efforts to work with the new service provider to transition support for this domain name.

(3) Without Notice.  Should Customer's Content be in violation of any aspect of the Acceptable Use Policy, or be found to be illegal,  G and W may terminate the Service without notice.  G and W is under no obligation to refund unused hosting fees to customer who are in violation of the web service agreement.  If the Customer has acquired a specific domain name, G and W will facilitate the transfer of the domain to the service provider of Customer's choice.

(4) For Default. Either party may terminate this contract for default if there is a breach of the contract that cannot be resolved within  (30) days of written notice clearly specifying the material breach to the other party.

6. Customer Indemnity. The Customer agrees to defend, indemnify and hold harm-less G and W and its subsidiaries, directors and employees, its agents and sub-contractors, against any and all allegations, claims, expenses (including reasonable attorney's fees), liability or suits threatened, made or brought in relation to or arising from customer's design, creation, provision or use of information and technologies in their content, including, but not limited to, any related copyrights, trade secrets, trade names, patents, intellectual property rights or obscenity laws in any country or jurisdiction in which the content can be viewed or retrieved.

7. No Warranties. Neither G and W, nor its subsidiaries, directors, employees, agents, or subcontractors warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided under this contract. Customer is responsible for assessing its own computer and transmission network needs, and the results desired.  Use of any information obtained through this service is at customer's risk. The referenced services are provided as is without any warranties, express or implied, including, but not limited to, any warranty of merchantability or fitness of the service for a particular purpose.

8. Limitation of Liability. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this contract or the provision of the service or related information, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. In no event shall G and W be liable to customer for any indirect or incidental punitive or other consequential damages arising out of or in relation to this contract.

9. General Terms. Neither party may sell, transfer, or assign this Agreement, except to entities completely controlling or controlled by that party, or to entities acquiring all or substantially all of its assets, without the prior written consent of the other which consent shall not be unreasonably withheld. Any act in derogation of the foregoing shall be null and void; provided, however, that any such assignment shall not relieve the assigning party of its obligations hereunder. G and W shall require written notice, however, in the event of any assignment. In the event of termination of Service hereunder for any reason, Customer's obligations with respect to Service usage and indemnification shall survive this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral. In the event of any conflict arising between Customer's purchase order terms and this Agreement, this Agreement shall take precedence. G and W reserves the right to change the above terms and conditions upon written notice to Customer. Use by Customer of the Service thirty (30) days after notice of such change constitutes acceptance of the new terms and conditions. This Agreement shall be governed by the substantive law of the State of Florida.

BY SIGNING YOUR INVOICE YOU REPRESENT AND WARRANT THAT YOU HAVE FULL CORPORATE POWER AND AUTHORITY TO EXECUTE THIS AGREEMENT AND TO PERFORM YOUR OBLIGATIONS HEREUNDER, AND THAT YOU ARE DULY AUTHORIZED TO ENTER INTO AND TO BE LEGALLY BOUND TO THIS AGREEMENT ON BEHALF OF THE PARTY YOU REPRESENT.

 

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