♦ General Terms

During this period, Tekiweb agrees to devote up to the number of hours selected above on the work outlined in this agreement. Work will normally be performed at the offices of Tekiweb, but occasionally may take place at other locations as required (Client may be responsible for reasonable travel expenses). Priority and scheduling will be at the discretion of Client, but Client acknowledges the need to work within previously established schedules and processes of Tekiweb. Work will normally occur between the hours of 9 to 5 on weekdays. Client agrees to provide all reasonable cooperation necessary for Tekiweb to do the work requested, and Tekiweb will not be responsible for delays or additional costs resulting from Client's failure to provide such cooperation.

♦ Overages and Unused Hours

Work requested in excess of the agreed-upon number of hours per month will be invoiced separately, at the hourly rate then in effect. Any hours unused at the end of the month will be forfeited. Expenses exclusive of normal overhead (including, but not limited to, travel costs, delivery services, travel, print costs, image licensing, copywriting, photography or web hosting costs) will be billed separately. All invoices will be payable within 30 days (net 30). Invoices paid after 30 days will be subject to interest at 1.5% per month.

♦ Intellectual Property

All materials furnished by Client will remain the property of Client and will be returned upon request, or not more than 10 days from the termination of this agreement. Client grants Tekiweb a nonexclusive license to use Client's material as needed for Tekiweb to perform the requested work. The results of any and all work performed under this agreement, including original creative work (collectively, “Deliverables”) will be considered work-for-hire, and will become the property of the Client. Client may use this material in any way deemed appropriate. Notwithstanding the foregoing,Tekiweb reserves its rights in any pre existing intellectual property as well as in any underlying methods, ideas, concepts, tools, and methodologies of a general nature or that are needed or used by Tekiweb to provide services to other clients.

♦ Price Change, Renewal, Cancellation

Tekiweb may, at its discretion, increase the cost of hosting, in a reasonable amount due to market conditions. Increases of less than 6% in a one year period are pre-authorized; client will be notified of any price increase of 6% or greater at least 30 days in advance. This contract will automatically renew on a yearly basis, until such time as it is cancelled in writing, by either party, with at least 30 days notice.

♦ Pageviews and Space

Client is allocated a monthly allowance for the number of pageviews as well as site storage/space. This allowance varies depending on the hosting package purchased. Should Client's website account pass the allocated amount Tekiweb reserves the right to charge an additional fee for the overages, and will suggest moving to a larger hosting plan in such cases. Unused pageviews or storage in one month cannot be carried over to the next month.

♦ Uptime Guarantee

If the server hosting Client’s website has a physical downtime that is not within the 99.9% uptime for the month, Client may receive one month of credit on their account. Approval of the credit is at the discretion of Tekiweb dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Web Server which may differ from the uptime reported by other individual services.. The uptime calculation shall not include unavailability due to circumstances beyond Tekiweb’s reasonable control, or scheduled downtime. To request a credit, please contact info@tekiweb.com with justification. All requests must be made in writing via email.

♦ Confidentiality

The information disclosed to Client by Tekiweb that is designated as confidential or proprietary, or that relates to technical and business information, proprietary ideas and inventions, ideas, trade secrets, drawings and/or illustrations, existing and/or contemplated work and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models shall be “Confidential Information” at the time of its disclosure, unless the it has clearly in the public domain or provided to Client on a non-confidential basis. Client agrees not to disclose any Confidential Information obtained from Tekiweb to anyone unless required to do so by law or approved by Tekiweb in advance and in writing

♦ Term and Termination

The agreement shall commence upon Client’s communication of its acceptance of the terms and conditions set forth herein (payment of a fee shall be deemed as acceptance), and shall continue until the work has been completed with no further work scheduled, or until terminated as set forth herein. Tekiweb shall have right to terminate this agreement: for any reason by providing Client with 30 days prior written notice (Client will be refunded any unearned prepaid fees in such event); in the event that Client breaches any term or condition of this agreement and such breach is not cured within 30 days of notice thereof; or in the event that Client fails to pay any fee when due, provided, however, Tekiweb may first suspend performance of its obligations under this agreement while working with Client to cure any such failure). Provisions of the agreement shall survive termination to the extent necessary to give such provisions the intended meaning and effect.

♦ Waiver of Warranty

The work, services, and Deliverables are provided to and accepted by Client “as is”, and Tekiweb makes no representations or warranties with respect thereto, and disclaims all express or implied representations and warranties, including, but not limited to, those regarding merchantability, fitness for a particular purpose, title, noninfringement, accuracy, quality, correctness, completeness, comprehensiveness, suitability, compatibility, delays and other problems inherent in the use of the internet and electronic communications; errors, viruses, or other harmful components introduced to the Deliverables or services, privacy and data security, unauthorized access and entry to systems or accounts, or any others (irrespective of any course of dealing, custom or usage of trade).

♦ Limitation of Liability

IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF TEKIWEB, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID BY CLIENT TO TEKIWEB DURING THE 12 MONTHS PRECEDING WHEN ANY CLAIM ARISES. IN NO EVENT SHALL TEKIWEB BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY TEKIWEB. EVEN IF TEKIWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION OF LIABILITY AND WAIVERS OF WARRANTY ARE INDEPENDENT OF ANY REMEDIES SET FORTH HEREIN AND WILL SURVIVE AND APPLY EVEN IF SUCH REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

♦ Indemnification/Liability by Client

Client agrees that it shall defend, indemnify, save and hold Tekiweb harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tekiweb, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Tekiweb against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tekiweb; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customers from Tekiweb’s server; and (5) any content appearing on any website hosted or maintained by Tekiweb.

♦ Indemnification/Liability by Tekiweb

Subject to the terms, conditions, express representations and warranties provided in this Agreement, Tekiweb agrees to indemnify, save and hold harmless Client from any and all damages, liabilities, costs, losses or expenses from third party claims arising out of any finding of fact which is inconsistent with Tekiweb representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of Client provided that (a) Client promptly notifies Tekiweb in writing of the claim; (b) Tekiweb shall have sole control of the defense and all related settlement negotiations; and (c) Client shall provide Tekiweb with the assistance, information and authority necessary to perform Tekiweb’s obligations under this section. Notwithstanding the foregoing, Tekiweb shall have no obligation to defend or otherwise indemnify Client for any claim or adverse finding of fact arising out of or due to Client content or material, any unauthorized content, improper or illegal use, or the failure to update or maintain any Deliverables provided by Tekiweb.

♦ Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Tekiweb reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Tekiweb reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Tekiweb.

♦ Modification/Waiver

This Agreement may be modified by the parties. Any modification of this Agreement must be in writing, except that Tekiweb invoices may include, and Client shall pay, expenses or costs that Client authorizes by electronic mail in cases of extreme time sensitivity. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. This agreement supersedes all prior oral or written agreements and understandings relating to the subject matter of this Agreement.

♦ Force Majeure

Tekiweb shall not be deemed in breach of this Agreement if Tekiweb is unable to complete its obligations or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of Tekiweb or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Tekiweb’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Tekiweb shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

Copyright All content written and images on www.tekiweb.com is the property of Tekiweb and cannot be copied or distributed.

©2021 Tekiweb. All rights reserved.