Business Website Management Plan Agreement


    The purpose of this Agreement (hereafter referred to as the “Agreement”) is to a contract arrangement under which 515 Media will provide Business Website Management services, including Web hosting services on behalf of Client.

    TERMS

    Subject to the terms and conditions of this Agreement, Company will provide Business Website Management Services, including Web Hosting services for Client subject to the following terms:

    1. Length of Service.
    Client agrees to an initial twelve (12) month contractual term of service (“Term”).

    2. Service Start Date.
    The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.

    3. Renewal by Client.
    This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. The client may elect to make a total of twelve (12) monthly installments on the 1st date of each month for the duration of the Agreement in lieu of making the full annual payment in a lump sum at the beginning of the Agreement. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.

    4. Domain Registration
    It is the sole responsibility of the client to maintain active registration of their website domain name(s) with a provider of their choosing. 515 Media does not provide domain registration, maintenance of domains, or send reminders to clients about their domain expiration date as part of this agreement. Client acknowledges that they are fully responsible for registering, renewing and maintaining their website domain for the duration of this agreement.

    5. Third Party Website and Plugin Services
    During and after the completion of website services under this agreement, a client may elect to subscribe to or pay for third-party services such as Facebook or Google Ads, or other elective services to optimize the website. These services may or may not be recommended by 515 Media. If these services are utilized, it is the client’s responsibility to maintain and pay for these third-party services both during and after the completion of this agreement. 515 Media is not responsible for interruptions in website performance, downtime, business loss or errors that may crop up as a result of a client neglecting to maintain or pay for these services.

    FEES AND SERVICES

    Total fees and services rendered are listed at the following URL: https://515.media/business-website-management-plans/ Client agrees to pay fees according to the corresponding plan selected in the Business Management Website Plans.

    TERMS OF PAYMENT 

    Terms of payment are C.O.D. unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.

    PROPRIETARY INFORMATION 

    Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.

    TERMINATION OF SERVICES

    If Client wishes to withdraw from this Agreement, written notice must be given 15 days or greater before the date of service renewal. If written notice is not supplied by the client, then this Agreement will automatically renew for twelve (12) months annually on the initial calendar date of services and Renewal Fees for the following term will automatically be invoiced to the Client’s account. 

    Once written notice to withdraw from the Agreement is given and all payment for the term of Agreement has completed, 515 Media will send the client all of their website files including the database.

    OWNERSHIP OF WEBSITE FILES

    The client retains ownership of all website files, content, images, and the database of their website(s) hosted under all Business Website Management plans. 515 Media will provide access to all files through cPanel during the entire term of the Agreement.

    If a client has elected a free website redesign under the Gold, Diamond or Platinum plans, then the client owns the right to the Website files only after full payment has been remitted for the full twelve (12) month term immediately following the launch of the free website. If a client has elected to remit payment monthly under one of these plans, then the client does not own the Website files if they have elected a free website design until the close of the twelfth (12th) and/or the final payment of the corresponding plan.

    PAYMENT DUE DATES

    If a Client is fifteen (15) or more days past due of their Monthly or Annual due date for Services then 515 Media reserves the right to suspend the client’s cPanel and website. A client may remit payment for the suspended website and pay a reactivation fee of $124 to reactivate their website in the case of a suspension.

    If a Client site is suspended a second time during the same Annual term for delinquent payment then the site will be taken offline and the client will no longer be eligible for the Business Website Management plans or Website Hosting.

    CENSORSHIP 

    Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.

    WARRANTIES 

    Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

    TRADEMARKS AND COPYRIGHTED MATERIAL 

    Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

    TERMINATION

    Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.

    DISPUTES

    If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

    INDEMNIFICATION

    Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.

    GENERAL

    If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of <>. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.

    APPROVAL

    Please check the box below indicating agreement with the terms outlined in this Agreement.

    Example: John Smith
    Example: 01/01/2022

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