| Simple Touch
Website Design Agreement
Date: ___/___/___________
1. INTRODUCTION.
In this Website Design Agreement ("Agreement"), "you"
and "your" refer to each customer or client ("Customer")
and its agents, including each person listed in your account information
as being associated with your account, and "we", "us"
and "our" refer collectively to Simple Touch Design
and its wholly-owned subsidiaries ("Simple Touch Design").
This Agreement explains our obligations to you, and your obligations
to us in relation to the Website Design service(s) you order and
purchase. By purchasing or otherwise applying for Website Design
service(s), you agree to establish an account with us for such
services. When you use your account or permit someone else to
use your account to purchase or otherwise acquire access to additional
Website Design service(s) or to modify or cancel your Simple Touch
Website Designs service(s) (even if we were not notified of such
authorization), this Agreement as amended covers any such service
or actions. Additionally, you agree that each item listed in your
account information as being associated with your account for
any services provided to you (including, but not limited to, domain
name registration services) is your agent with full authority
to act on your behalf with respect to such services in accordance
with the permissions granted, and that the Primary Contact and
Account Administrative Contact for your account shall have the
authority, without limitation, to terminate, transfer (where transfer
is permitted by the Agreement), or modify such services or your
account information, or purchase additional services. Any acceptance
of your application(s) or requests for our services and the performance
of our services will occur at our offices in Herndon, Virginia,
the location of our principal places of business. Except as otherwise
expressly set forth in this Agreement, you agree that if you list,
directly or by default, Simple Touch Website Designs as a contact
for your account and/or any of the services in your account, we
have the right, without notice, to remove our name and/or information
from any such account or service and to replace the same with
the name and/or information provided by you for any other contact
associated with that account or service.
2. VARIOUS SERVICES.
Sections 1 through 30 apply to any and all Simple Touch Website
Designs services that you order and purchase. The terms and conditions
set forth in Schedules A through S of this Agreement apply only
to “Customers” who have purchased the Simple Touch Website Designs
services referenced in those Schedules. In the event of any inconsistency
between the terms of Sections 1 through 30 and the terms of Schedules
A through S, the terms of Schedules A through S shall control
with regard to the applicable Simple Touch Website Designs service.
IMPORTANT NOTICE CONCERNING BUNDLED SERVICES: If you purchase
Simple Touch Website Designs services that are sold together as
a "bundled" package (e.g., you select a Web Site package
that includes both a domain name and a Simple Touch Website Designs
Web Site, as opposed to your purchasing such services separately),
termination of any part of the services will result in termination
of all Simple Touch Website Designs services provided as part
of the bundled package. Please see Section 10(d) of this Agreement
for more information.
3. FEES, PAYMENT AND TERM OF SERVICE.
a. 1st Initial Website: within fifteen (15) business days AFTER
YOU PROVIDE US all information we requested. You
have ten (10) business days to submit
all information to us. One time service fee of 400 (Security Deposit)
is required. You may cancel the 1st Initial Website and order
new one only ONCE. Your Security Deposit is refundable
only for this period.
b. 2nd Test Website: within fifteen (15) business days. If you
accept the 2nd Test Website, your Security Deposit may not be
refunded. You may cancel the 2nd Test Website and order new one
only ONCE.
c. Final Website: within Seven (7) business days. After opening
the website, you have one week to request any changes. Product
list is fixed to 100 items initially. Upgrade options are always
available after this period. If you want to purchase any upgrade
service(s), services fees will be applied on your next month’s
bill.
d. Payment: after opening date, the total fee for Website Design
service(s) is $_________________. If you cancel out created website
or terminate this agreement, fifteen hundred ($1,500)
U.S. dollars will be charged upon your cancellation and
termination.
e. Service Option(s): Website training in person is free up-to
3 times. Product listing upto 100 items is free. 100+ items will
be charged depends on how many more items are requested. Recovery
of system error is not charged.
101+: item/$2.00
500+: item/$1.50
1000+: item/$1.00
As consideration for the services you purchased, you agree to
pay Simple Touch Website Designs the applicable service(s) fees
set forth on our Web site and this agreement at the time of your
selection, or, if applicable, upon receipt of your invoice from
Simple Touch Website Designs. All fees are due immediately and
are non-refundable, except as otherwise expressly noted in one
or more of Schedules A through S. If you qualify, we may extend
payment terms to you under our “Simple Business Account Credit
Program”. Unless otherwise specified herein or on our Web site,
each Simple Touch Website Designs service is for a one-year initial
term and renewable thereafter for successive one to ten-year terms,
as set forth during the renewal process. Any renewal of your services
with us is subject to our then current terms and conditions, including,
but not limited to, successful completion of any applicable authentication
procedure, and payment of all applicable service fees at the time
of renewal and in the case of domain name re-registration, the
domain name registry's acceptance of your domain name registration.
Except with respect to service to which you subscribe on a monthly
basis, we will endeavor to provide you notice prior to the renewal
of your services at least fifteen (15) days in advance of the
renewal date. Additional payment terms may apply to the Simple
Touch Website Designs services you purchase, as set forth in the
applicable Schedules to this Agreement. We may provide you with
an opportunity to "opt in" to our automatic renewal
process in accordance with the instructions (and subject to your
agreement to the terms and conditions pertaining to that process)
on our Web site. You agree that if you use of our auto-renew service,
we will attempt to renew your service approximately sixty (60)
days prior to its expiration, for the same term then-currently
in place for the service, and at the then-current price for the
service. You acknowledge and agree that the renewal price may
be higher or lower than the price you paid for the then-current
term of the service, and that we are authorized to charge your
credit card on file for the renewal of the service(s). In any
event, you are solely responsible for the credit card information
you provide to Simple Touch Website Designs and must promptly
inform Simple Touch Website Designs of any changes thereto (e.g.,
change of expiration date or account number). In addition, you
are solely responsible for ensuring the services are renewed.
Simple Touch Website Designs shall have no liability to you or
any third party in connection with the renewal as described herein,
including, but not limited to, any failure or errors in renewing
the services. In order to process a renewal under our auto-renew
service, we may use third-party vendors for the purpose of updating
the expiration date and account number of your credit card on
file. Such third-party vendors maintain relationships with various
credit card issuers and may be able to provide us with the updated
expiration date and account number for your credit card by comparing
the information we have on file with the information the third-party
has on file. By selecting our auto-renew service, you acknowledge
and agree that we may share your credit card information with
such a third-party vendor for the purpose of obtaining any update
to your credit card expiration date and account number. You agree
to pay all value added, sales and other taxes (other than taxes
based on Simple Touch Website Designs income) related to Simple
Touch Website Designs services or payments made by you hereunder.
All payments of fees for Simple Touch Website Designs services
shall be made in U.S. dollars. Set up fees, if any, will become
payable on the applicable effective date for the applicable Simple
Touch Website Designs services. All sums due and payable that
remain unpaid after any applicable cure period herein will accrue
interest as a late charge of 1.5% per month or the maximum amount
allowed by law, whichever is less.
4. ACCURATE INFORMATION.
You agree to: (1) provide certain true, current, complete and
accurate information about your business and your specified items
as required by the application process; and (2) maintain and update
according to our modification procedures the information you provided
to us when purchasing our services as needed to keep it current,
complete and accurate. We rely on this information to send you
important information and notices regarding your account, our
services, and website updates. You agree that Simple Touch Website
Designs (itself or through its third party service providers)
is authorized, but not obligated, to use Coding Accuracy Support
System (CASS) certified software and/or the National Change of
Address program (and/or such other systems or programs as may
be recognized by the United States Postal Service or other international
postal authority for updating and/or standardizing address information)
to change any address information associated with your account
(e.g., registrant address, billing contact address, etc.), and
you agree that Simple Touch Website Designs may use and rely upon
any such changed address information for all purposes in connection
with your account (including the sending of invoices and other
important account information) as though such changes had been
made directly by you.
5. PRIVACY.
Our privacy statement, (a) for Web sites and/or value added services
purchased through www.simpletouchgroup.com
is located on our Web site at http://www.simpletouchgroup.com/showpages.asp?pid=1806,
and is incorporated herein by reference, as it is applicable to
such Web site purchases (other services purchased through www.simpletouchgroup.com,
including, but not limited to, domain name registrations, are
covered by the privacy statement set forth on our Web site at
http://www.simpletouchgroup.com/en_US/legal/privacy-policy.jhtml),
(b) for Simple Touch Website Designs services purchased through
www.simpletouchgroup.com is located on our Web site at http://www.simpletouchgroup.com/agreements/privacy_policy.html
and is incorporated herein by reference for all such Simple Touch
Website Designs services, and (d) for all other Simple Touch Website
Designs services is located on our Web site at http://www.simpletouchgroup.com/en_US/legal/privacy-policy.jhtml
and is incorporated herein by reference for all such Simple Touch
Website Designs services. The applicable privacy statement sets
forth your and our rights and responsibilities with regard to
your personal information. You agree that we, in our sole discretion,
may modify our privacy statement. We will post such revised statement
on our Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by using our services after modifications
to the privacy statement become effective, you have agreed to
these modifications. You acknowledge that if you do not agree
to any such modification, you may terminate this Agreement. We
will not refund any fees paid by you if you terminate your Agreement
with us except as otherwise expressly provided in one or more
of the Schedules attached hereto.
6. OWNERSHIP.
Except as otherwise set forth herein, all right, title and interest
in and to all, (i) registered and unregistered trademarks, service
marks and logos; (ii) patents, patent applications, and patentable
ideas, inventions, and/or improvements; (iii) trade secrets, proprietary
information, and know-how; (iv) all divisions, continuations,
reissues, renewals, and extensions thereof now existing or hereafter
filed, issued, or acquired; (v) registered and unregistered copyrights
including, without limitation, any forms, images, audiovisual
displays, text, software and (vi) all other intellectual property,
proprietary rights or other rights related to intangible property
which are used, developed, comprising, embodied in, or practiced
in connection with any of the Simple Touch Website Designs services
identified herein ("Simple Touch Website Designs Intellectual
Property Rights") are owned by Simple Touch Website Designs
or its licensors, and you agree to make no claim of interest in
or ownership of any such Simple Touch Website Designs Intellectual
Property Rights. You acknowledge that no title to the Simple Touch
Website Designs Intellectual Property Rights is transferred to
you, and that you do not obtain any rights, express or implied,
in the Simple Touch Website Designs or its licensors' service,
other than the rights expressly granted in this Agreement. To
the extent that you create any Derivative Work (any work that
is based upon one or more preexisting versions of a work provided
to you, such as an enhancement or modification, revision, translation,
abridgement, condensation, expansion, collection, compilation
or any other form in which such preexisting works may be recast,
transformed or adapted) such Derivative Work shall be owned by
Simple Touch Website Designs and all right, title and interest
in and to each such Derivative Work shall automatically vest in
Simple Touch Website Designs. Simple Touch Website Designs shall
have no obligation to grant you any right in any such Derivative
Work.
7. EXCLUSIVE REMEDY.
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY,
IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SIMPLE TOUCH
WEBSITE DESIGNS SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR
FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT
YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT.
IN NO EVENT SHALL SIMPLE TOUCH WEBSITE DESIGNS, ITS LICENSORS
AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS
PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM SIMPLE TOUCH
WEBSITE DESIGNS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES EVEN IF SIMPLE TOUCH WEBSITE DESIGNS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT
THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY
AS SET FORTH HEREIN SIMPLE TOUCH WEBSITE DESIGNS'S LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. Simple
Touch Website Designs and its licensors and contractors disclaim
any and all loss or liability resulting from, but not limited
to: (1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability resulting from acts
of god; (4) loss or liability resulting from the unauthorized
use or misuse of your account number, password or security authentication
option; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or service(s) provided
under this agreement; (6) loss or liability relating to the deletion
of or failure to store e-mail messages; (7) loss or liability
resulting from the development or interruption of your web site
or your Simple Touch Website Designs web site; (8) loss or liability
from your inability to use our e-mail service, web site manager
service or any component of the subscription service (for websites
from Simple Touch Website Designs); (9) loss or liability that
you may incur in connection with our processing of your application
for our services, our processing of any authorized modification
to your domain name record or your agent's failure to pay any
fees, including the initial registration fee or re-registration
fee; (10) loss or liability as a result of the application of
our dispute policy; or (11) loss or liability relating to limitations,
incompatibilities, defects, or other problems inherent in xml,
xkms, or any other standard not under Simple Touch Website Designs
sole control.
8. DISCLAIMER OF WARRANTIES.
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES
IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES
ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE"
BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER SIMPLE TOUCH WEBSITE DESIGNS NOR OUR LICENSORS MAKE ANY
WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S)
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES
OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT
TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD
PARTY.
9. INDEMNITY.
You agree to release, indemnify, defend and hold harmless Simple
Touch Website Designs and any of our (or their) contractors, agents,
employees, designers, directors, shareholders, affiliates and
assigns from all liabilities, claims, damages, costs and expenses,
including reasonable attorneys' fees and expenses, relating to
or arising out of (a) this Agreement or the breach of your warranties,
representations and obligations under this Agreement, (b) the
Simple Touch Website Designs services or your use of such services,
including without limitation infringement or dilution by you,
or someone else using our service(s) from your computer, (c) any
intellectual property or other proprietary right of any person
or entity, (d) a violation of any of our operating rules or policies
relating to the service(s) provided, (e) any information or data
you supplied to Simple Touch Website Designs, including, without
limitation, any misrepresentation in your application, if applicable,
(f) the inclusion of meta-tags or other elements in any website
created for you or by you via the Simple Touch Website Designs
services, or (g) any information, material, or services available
on your licensed Simple Touch Website Designs Web Site . When
we are threatened with suit or sued by a third party, we may seek
written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances may be considered
by us to be a material breach of this Agreement. We shall have
the right to participate in any defense by you of a third-party
claim related to your use of any of the Simple Touch Website Designs
services, with counsel of our choice at our own expense. We shall
reasonably cooperate in the defense at your request and expense.
You shall have sole responsibility to defend us against any claim,
but you must receive our prior written consent regarding any related
settlement. The terms of this paragraph will survive any termination
or cancellation of this Agreement.
10. TERMINATION.
a. By You. You may terminate this Agreement upon at 15 (15) days
written notice to Simple Touch Website Designs for any reason
after seeing the 1st Initial Website. Your Security
Deposit will be refunded in this case unless the 2nd Test
Website is presented. Termination after opening day of
website will result on TERMINATION FEE OF $1,500.00.
b. By Us. We may terminate this Agreement or any part of the Simple
Touch Website Designs services at any time in the event you breach
any obligation hereunder, fail to respond within ten (10) calendar
days to an inquiry from us concerning the accuracy or completeness
of the information referred to in Section 4 of this Agreement,
if we determine in our sole discretion that you have violated
the Simple Touch Website Designs Acceptable Use Policy and is
incorporated herein and made part of this Agreement by reference,
or upon thirty (30) days prior written notice if we terminate
or significantly alter a product or service offering.
c. Effect of Termination. Simple Touch Website Designs will
cease charging your credit card, if applicable, for any
monthly service fees as of the expiration of the monthly billing
cycle in which the termination is effective. Unless otherwise
specified in writing by Simple Touch Website Designs, you will
not receive any refund for payments already made by you as of
the date of termination, and, you may incur additional fees (in
the case of a monthly or annual subscription being paid over time,
as provided in various Schedules below). If termination of this
Agreement is due to your default hereunder, you shall bear all
costs of such termination, including any reasonable costs Simple
Touch Website Designs incurs in closing your account. You agree
to pay any and all costs incurred by Simple Touch Website Designs
in enforcing your compliance with this Section. Upon termination,
you shall destroy any copy of the materials licensed to you hereunder
and referenced herein. You agree that upon termination or discontinuance
for any reason, we may delete all information related to you on
the Simple Touch Website Designs service, if applicable. In addition
to the terms set forth herein, certain Simple Touch Website Designs
services may have additional terms regarding termination, which
are set forth in the applicable Schedule.
d. Effect of Termination of Bundled Services. In addition to the
terms set forth in subsection 10(c) above, if you purchase Simple
Touch Website Designs services which are sold together as part
of a "bundled" package of services, any termination
relating to such bundle will terminate all Simple Touch Website
Designs services included in such bundle. For instance, any domain
name registered with or maintained by Simple Touch Website Designs
under this Agreement (but not including any domain names you may
have registered, either with Simple Touch Website Designs or a
third-party registrar, separately and not as part of a bundled
service) will be cancelled and may thereafter be available for
registration by another party. Upon the effective date of termination,
Simple Touch Website Designs will no longer provide the bundled
services to you, any licenses granted you shall immediately terminate,
and you shall cease using such services immediately; provided,
however, that we may, in our sole discretion and subject to your
agreeing to be bound by the applicable agreement(s) and to pay
the applicable fees, allow you to convert certain services included
in the bundled services to stand alone services.
11. REPRESENTATIONS AND WARRANTIES.
You agree and warrant that: (i) neither your registration nor
use of the any of the Simple Touch Website Designs services nor
the manner in which you intend to use such Simple Touch Website
Designs services will directly or indirectly infringe the legal
rights of a third party, (ii) you have all requisite power and
authority to execute this Agreement and to perform your obligations
hereunder, (iii) you have selected the necessary security option(s)
for your domain name registration record, (iv) you are of legal
age to enter into this Agreement (or you are at least 21 years
of age and have your own decision to apply for services hereunder);
and (vi) you agree to comply with all applicable laws and regulations.
12. MODIFICATIONS TO AGREEMENT.
Except as otherwise provided in this Agreement, you agree, during
the term of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and/or
(2) change part of the services provided under this Agreement
at any time. Any such revision or change will be binding and effective
30 days after posting of the revised Agreement or change to the
service(s) on Simple Touch Website Designs Web sites, or upon
notification to you by e-mail or United States mail. You agree
to periodically review our Web sites, including the current version
of this Agreement available on our Web sites, to be aware of any
such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with
notice. Notice of your termination will be effective on receipt
and processing by us. Any fees paid by you if you terminate your
Agreement with us are nonrefundable, except as expressly noted
otherwise in one or more of the Schedules to this Agreement, but
you will not incur any additional fees. By continuing to use Simple
Touch Website Designs services after any revision to this Agreement
or change in service(s), you agree to abide by and be bound by
any such revisions or changes. We are not bound by nor should
you rely on any representation by (i) any agent, representative
or employee of any third party that you may use to apply for our
services; or in (ii) information posted on our Web site of a general
informational nature. No employee, contractor, agent or representative
of Simple Touch Website Designs is authorized to alter or amend
the terms and conditions of this Agreement.
13. AGENTS. You agree that, if your agent, (e.g.,
your Primary Contact or Account Administrative Contact, Internet
Service Provider, employee) purchased our service(s) on your behalf,
you are nonetheless bound as a principal by all terms and conditions
herein, including the domain name dispute policy. Your continued
use of our services ratifies any unauthorized actions of your
agent. By using your login name, account number or password, or
otherwise purporting to act on your behalf, your agent certifies
that he or she is authorized to apply for our services on your
behalf, that he or she is authorized to bind you to the terms
and conditions of this Agreement, that he or she has apprised
you of the terms and conditions of this Agreement, and that he
or she is otherwise authorized to act on your behalf. In addition,
you are responsible for any errors made by your agent.
14. RESERVED
15. RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to register
your chosen domain name, issue you a digital certificate, or register
you for other Simple Touch Website Designs service(s), or to delete
your chosen domain name within the first thirty (30) calendar
days from receipt of your payment for such services. In the event
we do not register your chosen domain name, issue you a digital
certificate, or register you for other Simple Touch Website Designs
service(s), or we delete your chosen domain name or other Simple
Touch Website Designs service(s) within such thirty (30) calendar
day period, we agree to refund any applicable fee(s) you have
paid. You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register your chosen
domain name, refusal to issue a digital certificate, the deletion
of your chosen domain name or refusal to register you for other
Simple Touch Website Designs service(s).
16. NOTICES AND ANNOUNCEMENTS.
a. Except as expressly provided otherwise herein, all notices
to Simple Touch Website Designs shall be in writing and delivered
via overnight courier or certified mail, return receipt requested
to Simple Touch Website Designs, Attention:
Simple Touch Design Department
333 S. Alameda Street Suite #207
Los Angeles, CA 90013.
All notices to you shall be delivered to your mailing address
or e-mail address as provided in your account information (as
updated by you pursuant to this Agreement) or to any e-mail address
associated with your domain name registration(s) with Simple Touch
Website Designs. (b) You authorize us to contact you as our customer
via telephone, at the number provided by you in your account information
(as updated by you pursuant to this Agreement), which telephone
number is incorporated herein by reference, e-mail or postal mail
regarding information that we deem is of potential interest to
you. Notices and announcements may include commercial e-mails,
telephone solicitations and other notices describing changes,
upgrades, new products and services or other information pertaining
to Internet security or to enhance your identity on the Internet
and/or other relevant matters.
17. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, in whole
or in part, that term or provision will not affect the remainder
of this Agreement; this Agreement will be deemed amended to the
extent necessary to make this Agreement enforceable, valid and,
to the maximum extent possible consistent with applicable law,
consistent with the original intentions of the parties; and the
remaining terms and provisions will remain in full force and effect.
18. ENTIRE AGREEMENT.
You agree that this Agreement, the rules and policies incorporated
by reference in this Agreement (including, without limitation,
the dispute policy and the privacy statement) are the entire,
complete and exclusive agreement between you and us regarding
our services and supersede all prior agreements and understandings,
whether written or oral, or whether established by custom, practice,
policy or precedent, with respect to the subject matter of this
Agreement, including, without limitation, any purchase order provided
by you for the Services.
19. ASSIGNMENT AND RESALE.
Except as otherwise set forth herein, your rights under this Agreement
are not assignable or transferable. Any attempt by your creditors
to obtain an interest in your rights under this Agreement, whether
by attachment, levy, garnishment or otherwise, renders this Agreement
void-able at our option. You agree not to resell any of the Services
without Simple Touch Website Designs prior express written consent.
20. GOVERNING LAW.
a. You and Simple Touch Website Designs agree that this Agreement
and any disputes hereunder shall be governed in all respects by
and construed in accordance with the laws of the State of California,
United States of America, excluding its conflict of laws rules.
You and we each agree to submit to exclusive subject matter jurisdiction,
personal jurisdiction and venue of the United States District
Court for the State of California, Los Angeles County Division
for any disputes between you and Simple Touch Website Designs
under, arising out of, or related in any way to this Agreement
(whether or not such disputes also involve other parties in addition
to you and Simple Touch Website Designs).
b.Reserved.
c. The parties hereby waive any right to jury trial with respect
to any action brought in connection with this Agreement.
d. The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
21. AGREEMENT TO BE BOUND.
By applying for a Simple Touch Website Designs service(s) through
our online application process or otherwise, or by using the service(s)
provided by Simple Touch Website Designs under this Agreement,
you acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement and documents incorporated
by reference.
22. INDEPENDENT PARTIES.
Neither party nor their employees, consultants, contractors or
agents are agents, employees or joint ventures of the other party,
and they do not have any authority to bind the other party by
contract or otherwise to any obligation. Each party shall ensure
that the foregoing persons shall not represent to the contrary,
either expressly, implicitly, by appearance or otherwise.
23. WAIVER.
No waiver of any provision of this Agreement shall be effective
unless it is in writing and signed by an authorized representative
of Simple Touch Website Designs. The remedies of Simple Touch
Website Designs under this Agreement shall be cumulative and not
alternative, and the election of one remedy for a breach shall
not preclude pursuit of other remedies. The failure of a party,
at any time or from time to time, to require performance of any
obligations of the other party hereunder shall not affect its
right to enforce any provision of this Agreement at a subsequent
time, and the waiver of any rights arising out of any breach shall
not be construed as a waiver of any rights arising out of any
prior or subsequent breach.
24. ON-LINE EXPORT RESTRICTIONS.
You acknowledge and agree that you shall not on-line import, export,
or re-export directly or indirectly, any commodity, including
your products incorporating or using any Simple Touch Website
Designs services in violation of the laws and regulations of any
applicable jurisdiction.
25. U.S. Government Users.
In the event any software is provided by Simple Touch Website
Designs to a U.S. Government User, the software and accompanying
documentation which are used as part of the Simple Touch Website
Designs service are "commercial items," as such terms
are defined at 48 C.F.R. 2.101 (Oct 1995), consisting of "commercial
computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212
(Sep 1995) and is provided to the U.S. Government only as a commercial
end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (Jun 1995), all U.S. Government entities acquiring
the use of the Service and accompanying documentation shall have
only those rights set forth herein.
26. FORCE MAJEURE.
Neither party shall be deemed in default hereunder, nor shall
it hold the other party responsible for, any cessation, interruption
or delay in the performance of its obligations hereunder due to
earthquake, flood, fire, storm, natural disaster, act of God,
war, terrorism, armed conflict, labor strike, lockout, or boycott,
provided that the party relying upon this section (i) shall have
given the other party written notice thereof promptly and, in
any event, within five (5) days of discovery thereof and (ii)
shall take all steps reasonably necessary under the circumstances
to mitigate the effects of the force majeure event upon which
such notice is based; provided further, that in the event a force
majeure event described in this Section extends for a period in
excess of thirty (30) days in the aggregate, Simple Touch Website
Designs may immediately terminate this Agreement.
27. HEADINGS.
The section headings appearing in this Agreement are inserted
only as a matter of convenience and in no way define, limit, construe
or describe the scope or extent of such section or in any way
affect such section.
28. SURVIVAL.
In the event this Agreement terminates as provided herein, Sections
1, 2, 3, 6, 7, 8, 9, 10(c), 10(d), 13, and 16 through 29 of this
Agreement shall survive such expiration or termination.
29. Special Service(s) and promotion(s).
Simple Touch Website Designs may provide you with the opportunity
to receive special service(s) and promotion(s) including: discounts
on Simple Touch Wireless & Computers products, discounts on
small business utilities & equipments, and discounts on collection
services.
30. Important Person(s) to Contact.
Customer (1): ______________________________
Address: _________________________________________
___________________________________________
___________________________________________
Phone: ___________________________
Customer (2): ______________________________
Address: _________________________________________
___________________________________________
___________________________________________
Phone: ___________________________
SERVICE SPECIFIC TERMS: The following terms apply in addition
to Sections 1 through 30 only if you have purchased the particular
service described:
WEBSITE DESIGN / UPDATES / Any other related website services.
SIGNATURE of CUSTOMER: _______________________________________
By signing this agreement, you are strongly believed that you
have read whole agreement and you agree to article 1 ~ 30.
|
U.S.A
Chinese
