This agreement represents the complete agreement and understanding between Netow Solutions and the account holder (hereinafter called Client) and supersedes any other written or oral agreement. Netow Solutions reserves the right to modify this agreement at any time, effective upon posting of the modified Policy to this URL: http://www.netowsolutions.net
The Client is engaging Netow Solutions, as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as “Web Design Project”) to be published on the Client’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, hereinafter refer to as “Hosting Service”, or provided on diskette or archived file at the Client’s option. A description of the Web Design Project and the agreed fee therefore are set forth in Project Scope and Agreement. The Client hereby authorizes Netow Solutions, to access this account, and authorizes the Hosting Service to provide Netow Solutions with “full access” to the Client’s account, and any other programs needed for this Web Design Project that are included as part of the Client’s service agreement/level. The Client also authorizes Netow Solutions to submit the completed Web Design Project to major Web Search Engines.
2. Website Content.
The Client agrees to provide Netow Solutions Design ALL content for the website such as text, images, video and sound in an electronic format. All content is to be arranged by each web page as listed in the Section 10 “Estimated Costs”.
3. Website Maintenance – This agreement allows for minor website maintenance to pages over a 3 month period without charges, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette or archived file. The period of 2 months begins on the date the Client’s web design site is available to be published to Client’s hosting service.
4. Payments- Payment can be made in cash or into our accounts. Payments must be made promptly based on the terms of this Website Design Project. Netow Solutions reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.
Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in Naira or U.S. Dollars.
5. Payment Schedule- Payment for services provided hereby shall be made in accordance with the conditions contained in this agreement and are set forth in Project Scope and Agreement. The Client agrees to pay to Netow Solutions an initial, non-refundable deposit of 25% of the agreed fee for this Web Design Project. Final payment is due prior to publication and/or delivery of the Website Design Project.
6. Completion Date – Netow Solutions and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days of less after Client has submitted all necessary materials. If the Client does not supply Netow Solutions with complete text and graphics content for this Web Design Project within 60 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Netow Solutions as liquidated damages and the agreement shall become null and void, at Netow Solutions option, unless the Web Design Project is cancelled in writing by the Client prior to 60 days of the effective date of the agreement.
7. Project Delivery – The final website design project will be published to the Client’s hosting service upon receipt of final payment or delivered via diskette or archived file upon the receipt of full payment. The Client understands that Netow Solutions recommends using Netow Solutions hosting services in connection with this Web Design Project. The Client may elect to use a third party hosting service. If the Client uses a third party host, the Client agrees to select a hosting service which allows Netow Solutions full access to the Client’s account, and that the host’s software be compatible with Netow Solutions web design software. The Client will be solely responsible for any and all third party hosting service charges. Netow Solutions fees for web design on a third party hosted site may be higher than a website design project hosted by Netow Solutions If Client switches to a third party host during the construction of the website design project, or at any point after construction, Netow Solutions reserves the right to adjust its construction or maintenance fees to Netow Solutions current rate charged for third party hosted sites.
8. Mode of Delivery – We deliver your website project through the following means; Compact disk, External hard drive, online methods but we don’t recommend flash drive has a means of collecting your project as some client will suggest.
9. Confidentiality- All written information provided by Client to Netow Solutions that is marked Confidential” or provided verbally and confirmed in writing within 30 days as being confidential, shall be kept in confidence by Netow Solutions until such time as the information becomes lawfully known to the public though publication of the web design or otherwise. This obligation shall not apply to information that is already known to Netow Solutions at the time of disclosure by Client.
10. Electronic Commerce Laws- The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Netow Solutions and its subcontractors from any claim, suit, penalty, tax, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
11. Web Design Project Copyright- Copyright to the web design source code shall remain the property of Netow Solutions. Once final payment under this agreement and any additional charges incurred have been paid, Client is granted the right to use the Web Design Project as a web site and to modify the design, graphics, text and layout of the web site without further authorization from Netow Solutions Rights to photos, graphics, source code, work-up files and computer programs that are not created by Netow Solutions remain the property of their respective owners. Rights to Venue Tools are specifically not transferred and remain the property of Netow Solutions. Netow Solutions and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Web Design Projects may contain a copyright/legal statement, an email link to the project webmaster, or a text/logo linked to Netow Solutions Services Web Site. User Data Recovery and Website Backup. Netow Solutions is not responsible for lost content or lost User Data. User Data typically includes data entered by client or site visitors into a database and stored on a Hosting Service. At Client’s request and at Client’s expense, Netow Solutions can design a backup system capable of creating backup files which allow Client Data to be stored at a remote location of Client’s choosing, such as a burnable CD or DVD which can then be stored in a safety deposit box. Testing, storage and the reliability of backup data, restoration capabilities, and inclusion of all User Data is the sole responsibility of Client. Backups of User Data are intended for disaster recovery, not the restoration of individual files. Netow Solutions will back up the web site files that we create in a manner and frequency of our choosing. Modifications to web site files may mean a backup will not exist for the exact time and date a Client may request; therefore we make no guarantee as to the existence of backup web site files.
12. Legal Notice- Notwithstanding anything to the contrary contained in this agreement, neither Netow Solutions nor any of its employees or agents warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Netow Solutions be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software, even if Netow Solutions has been advised of the possibility of such damages.
13. Illegalities – Netow solution do not build or supports site intend for crime or any illegal acts. We monitor our client’s sites from time to time. If we notice you are using your site for fraud or all sort of internet scam or anything contrary to the company’s policy we will be forced to report you to the authorities.