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GlobalSpex Maintenance Agreement

By submitting your request for maintenance requests you agree to the following maintenance agreement:

1. Authorization.
This page represents the agreement and understanding between GlobalSpex Web Development, Inc, hereafter known as GlobalSpex and the customer, hereinafter called the "Client" regarding web site maintenance services. The Client is engaging GlobalSpex located at 1270 Crabb River Rd, Suite 600-48, Richmond, TX 77468 as an independent contractor for the specific project of updating or improving a website on the Client’s web space located on an Internet Service Provider’s (ISP) computer. The client hereby authorizes GlobalSpex to access this account, and authorizes the ISP to provide GlobalSpex with "write permission" for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.

2. Maintenance.

This maintenance agreement includes web page maintenance to the current website based on the agreed terms set out in writing to Client.

If the client’s attempts at updating the client’s pages need repair, time to repair web pages will be assessed at the hourly rate of $50 per hour is not included as part of the updating time.
Time required to make substantive changes to client-submitted text after the web pages have been updated will be additional, billed at the hourly rate of $50, minimum of $25.

GlobalSpex Web Site Maintenance Services constitute changes to the current website and its existing web pages using the current web site theme.

There are 3 kinds of maintenance:
1) Maintenance after web site installation
2) Maintenance due to changing needs
3) Maintenance due to recurring needs

1) Maintenance after web site installation means that within the first 30 days after the installation of the web site, GlobalSpex will perform warranty work to correct bugs, spelling errors, perform minor cosmetic/text corrections or changes that are "very" minor (5-minute change) that may have resulted from errors overlooked by the Client or GlobalSpex.

2) Maintenance due to changing needs may include minor or major changes to the website. Major changes include a new project of additional screens, and additional information/graphics, and redesign that affect the entire site. It may include major rewording of pages and changes to graphics due to changing needs. Major changes that affect the entire website will require a new contract agreement. Minor changes are changes that do not affect the entire website.

3) Maintenance due to recurring needs includes publication of news reports, press releases, current events, schedule of events, etc.

GlobalSpex maintenance of a website may include one or more of the following that are the result of recurring needs and minor changing needs:

  • text changes (such as news, press release, current events, scheduled events, rewording of text, etc.)
  • simple maintenance and/or addition of graphics provided by the client to an existing web page (up to 1 hour of work per site only). Major changes in graphics layout in an existing web site
  • shall be considered a new redesign project.
  • simple navigational changes (up to 1 hour of work per site only). Major navigational changes shall be considered a new redesign project.
  • simple page design changes (up to 1 hour of work per site only) Major page design changes shall be considered a new redesign project.
  • addition of new pages as links from an existing page and not as links that will change the navigation of the web site. The addition of new pages shall follow the current web site theme.
  • upload of pages and/or site to the web host.
  • Web hosting and domain name registration are extra services that can either be selected and processed by the Client or GlobalSpex as agreed. Site submission to search engines and directories and web positioning are extra services charged at an hourly rate. Special graphics shall be charged based on Independent Graphics Designer Contractor fees plus administrative fees.

3. GlobalSpex Representations and Warranties
Designer warrants and represents that GlobalSpex is the sole designer of the work on the web site; that GlobalSpex has the right to enter into this agreement and grant the rights granted in it; that neither work nor entering into this agreement will impair or violate anyone else's rights, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever; that the work is original except for portions for which GlobalSpex has obtained or will obtain permission from copyright and other owners and provide them to client or such elements as may be in the public domain.

GlobalSpex further represents and warrants that all of work shall be prepared in a workmanlike manner and with professional diligence and skill; that the web site will function with properly configured web browsers including but not limited to Netscape, Mosaic, and Internet Explorer.

GlobalSpex will not be held responsible for the functioning of features administered by a third party. Any necessary modifications, upgrades or changes in service will be considered part of normal site maintenance and will be charged at GlobalSpex's hourly rate.

4. Copyrights and Trademarks.
The client represents to GlobalSpex and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to GlobalSpex for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend GlobalSpex and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

5. Limited Liability.
Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
Client hereby agrees to indemnify and hold harmless GlobalSpex from any claim resulting from Client’s publication of material or use of those materials. GlobalSpex may or may not give notice before deactivating the use of an account, which we decide, is an abusive or unethical use of, or a potentially illegal use of the Web Hosting account or host server. Client hereby agrees to indemnify and hold harmless GlobalSpex in any claim resulting from the submission of illegal materials.

Under no circumstances, including negligence, shall GlobalSpex, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use GlobalSpex services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to GlobalSpex records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on GlobalSpex services.

Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.

6. Indemnification.
Client agrees that it shall defend, indemnify, save and hold GlobalSpex harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against GlobalSpex, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employee or assigns. Client agrees to defend, indemnify and hold harmless GlobalSpex against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with GlobalSpex services, any material supplied by Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which Client has sold in the Web Design.

7. Laws Affecting Electronic Commerce.
The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend GlobalSpex and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s use of Internet electronic commerce.

8. Non-Disclosure.
GlobalSpex, its employees and subcontractors agree that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever.

9. Refund Policy.
If the client applies by a registered letter for a refund within 15 days of signing this contract, work already completed shall be billed at the hourly rate of $50.00 and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $50.00.

10. Payment.

All services agreed to in this agreement, shall be sold as a package for the price specified in the Website Development Plan. Payment shall be by cash, check, or money order, in US dollars, and made payable to GlobalSpex Web Development.

Payments of maintenance are to be received at time of receipt of invoice. A late charge of $15 will be billed if payment is not received within 30 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency.

GlobalSpex reserves the right to delete, download, pull down, take down the Client web site changes maintained by GlobalSpex for non-payment with or without notice. At this juncture, the original website before the maintenance occurred will be restored.

11. Guarantee of Work.
Provided that all material submitted to GlobalSpex, GlobalSpex guarantees that all work specified as per occurrence in this agreement will be completed within the specified time outlined set out in writing to Client.

12. Entire Understanding.
This contract constitutes the sole agreement between GlobalSpex and the Client regarding its Web Design Service. It becomes effective when Client agrees via written agreement. This agreement shall be governed and construed in accordance with the laws of the State of Texas.