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Customer Contract

Sustainable Online Solutions customers are bound by the following contract, it is posted here for their convenience:

Web Hosting and Services Agreement V1.03, AGREEMENT BETWEEN [Court Rye of] SUSTAINABLE ONLINE SOLUTIONS and ______________________________

This professional services Agreement is rendered by [Court Rye of] Sustainable Online Solutions, and is between Sustainable Online Solutions (Designer) and ______________________________, (Client), dated ______________________, 20___ (Effective Date). Client agrees that Designer will be hired for the purpose of providing Internet and web related project management, design and setup as described below:

Description of Project
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Fees and Payments A customary project start fee of $250 shall be included with the return of this executed Agreement to Designer. Services shall be billed against this start fee until it is depleted, thereafter Designer will provide not more than 15 minutes monthly basic support as itemized below. Client shall pay the amount due to Designer upon Client's receipt of said statement, as described below. A basic rate of $50 per hour for Principal Designer and $80 per hour for outside Design Assistant shall be charged for services rendered during normal working hours (i.e., 9:00 a.m. to 5:00 p.m., Monday through Friday). A premium of 50% over Designer’s hourly rate shall be charged for work that occurs at the Client’s request after normal hours on weekends (Saturday and Sunday) or National Holidays. The basic rate and subsequent premium rate may be changed at any time during the course of this Agreement upon thirty days’ written notice, said notice to be sent to Client via email.

Designer’s billable time includes, but is not limited to: telephone discussions, either with Client, or with contractors, workmen, vendors or other service providers that may contract with Designer or Client for the purpose of completing the project described by Client above; emails, written correspondence, buying trips either with Designer, or if Designer shops alone for Client, layout drawings or sketches, research, coordination of contractors or workmen hired and contracted by Client to accomplish work specifications designated by Designer and/or Client, waiting time when Designer must meet workmen or Client, as required during the course of this Agreement. In addition, travel time will be charged at the designated rate for site or client visits that are in excess of 20 miles from the office of Designer, unless other arrangements are made on a case by case basis, (i.e., long distance travel by air or automobile). Time is billed in quarter hour increments. A detailed accounting of time charges, and a status of purchases shall be included with Client’s monthly statement. In addition, Client agrees to pay Sales Tax as required by the State of California, unless items are shipped directly from vendor to Client, who may be out of State. Any sales tax required by states other than California shall be the sole responsibility of Clients requesting Designer’s services, living in that state. Client acknowledges that consulting fees (time billed) is a taxable item under California Board of Equalization rules.

Items which are purchased through Designer are subject to mark-up over Designer’s cost (depending upon manufacturer/provider, free or otherwise). Designer’s cost includes shipping and delivery, as well as the cost of the item including time to implement. Third party contract work including flash, javascript, php, theme design etc., purchased through Designer are sold to client at Design Assistant rates as described above. If, during the course of this Agreement, Client chooses to purchase items through Designer, these purchases are to be paid as follows: 50% of the entire amount (including freight, delivery and sales tax) at the time of placing the order, and the balance paid in full upon receipt from the manufacturer. Client understands that all items are FOB factory unless otherwise indicated on future purchase communications consulting fees and any required state sales tax will be billed separately from purchases, and are due and payable upon receipt of Statement. PayPal is the Designer's billing method of choice and it is the sole responsibility of the Client to have an up to date credit card and bank account within their PayPal account in order to ensure uninterrupted services. If payment methods expire, PayPal will follow their terms of service and ultimately discontinue supporting products and services to Godaddy who is Designer's hosting and domain provider. Godaddy, PayPal, Google, Wordpress, Drupal, Movable Type and all other technology platforms in turn will execute on their own terms of service  and will delete the content and records pertaining to the Client. Domain, Hosting, Email, Calendar, Documents, Analytics and content ownership agreements are between the Client and the respective third party, not the Designer. If Client information is lost due to Client's non payment or other nonperformance it will be Client's responsibility to retrieve such information or negotiate a restoration project with the Designer who may choose to (but is not required to) assist in recovery at a rate of $100 per hour. Items purchased for Client by Designer may include, but are not limited to the following: hosting, email, analytics, domain, SSL certificate, PayPal shopping cart and any other items, as requested by Client. Client understands that items purchased through Designer are generally custom made items, and once a purchase is made through Designer, purchase of that item is final, and no refunds will be entitled to Client, and further, no refunds will be given. In the case of defects or breakage, either through manufacture, internet errors, changes in terms of third party service providers or shipping, Designer will exercise reasonable efforts to ensure that such defects or breakage in the item are either repaired, or the item replaced, depending upon the policy of the manufacturer, vendor or shipper. [Reasonable efforts will be made to ensure Client’s satisfaction of all purchases made through Designer.]

Designer shall provide a written estimate to cover purchases which shall include fabrication charges, shipping, delivery and sales taxes. All purchases made through Designer shall be approved in writing by Client. This contract serves as that approval for the initiation of a project including hosting, email, analytics, domain, domain transfers, and general setup. If Client is a partner in a project, entity, or business affected by the web services provided by the Designer, Client represents and warrants that it is duly authorized to act on behalf of and bind such partnership, entity or business. Client may wish to provide Designer with a list of items needed or requested for the project, with a time line and budget for purchasing these items. Client understands that once Designer has received said list, Designer may bill Client for shopping time in order to obtain these items. Designer shall exercise reasonable diligence in obtaining items in the requested time frame, but may be limited by items in stock, back order, or manufacturer’s time line. Client unavailability and/or delays and reasonable changes shall be made as required, as necessary to the items to be performed, time line and or budget. There may be circumstances that delay or cancel the project including illness, family emergency, or disagreement of terms by either the Client or Designer.

During the course of this Agreement, which shall be ongoing until terminated in writing by either Designer or Client, Client is not limited to purchasing items solely through Designer. However, if Client wishes to have advice from Designer regarding outside purchases, Client understands that normal consulting fees will apply. Given the commitment level and complexity of online products and services the Designer encourages the Client to consult with Designer with questions and will provide 15 minutes per month of consulting time included in the agreed upon monthly fee before going to hourly billing described above. At or near the end of the project, Client agrees to allow Designer access to property for professional photographs, screenshots, and code samples. All copyrights to these items are to remain the property of Designer, and Designer retains the right to publish said photographs, screenshots and code as deemed appropriate at the sole discretion of Designer. Client’s name and personal information with respect to said photographs and records shall be kept confidential by the Designer. Furthermore, the Designer will have in his possession sensitive information shared in trust by the Client including login, password and FTP accounts. The Designer will take precautions to limit exposure and loss of this information but is not responsible for the loss of data or information in the event that a Client's site is hacked or compromised by a third party. In the case that such an event should occur the Designer will aid in the recovery and restoration of files (which are backed up by Godaddy in accordance to their own terms) at the standard billing rates at his discretion depending on the situation henceforth referred to as Recovery. If the support necessary for recovery is beyond the scope or skill of the Designer or if neglect has been shown by the Client, the Designer may choose not to assist in recovery in which case the Client remedy should be to exercise his or her rights with respect to the independent contracts made with Godaddy, Google, Wordpress, Drupal and PayPal who have their own systems in place.

Termination of this Agreement may be made either by Designer or Client, by written notice by U.S. Mail or facsimile. Said notice shall give 45 days from the date of notice. Any additional services provided by the Designer at the end of the 45 day period shall be billable at the designated rate, and payable to Designer prior to the delivery of said items. Client may choose to continue its relationship with third party service providers with whom Client has separate agreements with. Additionally, Carbon Free Certification is currently provided on a limited basis to customers of Sustainable Online Solutions. This service is not guaranteed and may be canceled by Designer at any time upon notice to Client.

Client understands that Designer, Court Rye, is an employee of ROI Communications, a privately held corporation, and that the goods and services offered by Designer are not intended to compete with ROI Communications. Client is aware of the goods and services which are offered by ROI Communications, and as of this time, has no intention to purchase ROI products. Client may, however, purchase items from ROI during the course of this project.

Designer is entitled to rely on information provided by Client and has no duty to independently verify. Client to indemnify and hold Designer harmless, from any loss or for information provided by clients claims or ad material. Client is responsible for compliance with all copyright, trade name and patent laws. Designer agrees to use customary professional care in performing its work. Designer liability is expressly limited to the lesser of the fees paid by client during the previous 90 days or $2000. Client acknowledges and agrees that Designer will establish accounts and services with outside companies such as Godaddy, Google, PayPal, Wordpress, and Drupal on the Client's behalf. Client agrees to comply with such companies services and agreements and terms and conditions of service. Client to indemnify and hold Designer Harmless for any loss suffered by Designer and for the Client's breach of any such agreements, terms and conditions. Designer only provides web design, setup, and initial project management services to client and has no responsibility or liability whatsoever for the goods, products and services being offered by third parties. Client should indemnify and hold Designer harmless from and against any and all claims arising from Clients activities and it's goods, products and services and for any violation of any laws or regulations related thereof.

This Agreement is binding upon and inures to the benefit of the parties hereto, and their successors and assigns. This Agreement is subject to the laws of the State of California, without regard to conflicts of law principles. Any action to enforce, interpret, or concerning this Agreement shall be filed only in a California court of competent jurisdiction. The prevailing party in any dispute over this Agreement shall be entitled to recover reasonable attorneys’ fees. If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. This Agreement may be executed by facsimile or digital signatures, which will be as effective as original signatures. This Agreement may be executed in counterparts.  

Limitations Client acknowledges that the Web Site(s) may contain typographical errors, omissions, bugs or other errors. Sustainable Online Solutions reserves the right to make improvements and changes to the Web Site(s) and other materials at any time without notice or liability to the client; provided however that Sustainable Online Solutions is under no obligation to make such improvements or changes. Client acknowledges that Sustainable Online Solution's introduction of various technologies may not be consistent across all computer platforms and that the performance of the Web Site(s) may vary depending on the Internet connection, computer, browser, and other equipment used.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY CLIENT AGREES THAT THE WEB SITE(S) AND THE SERVICES PROVIDED ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. SUSTAINABLE ONLINE SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEB SITE(S) OR SERVICES PROVIDED, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS THEREFOR, INCLUDING WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SUSTAINABLE ONLINE SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEB SITE(S) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEB SITE(S) WILL BE VIRUS OR ERROR FREE OR THAT DEFECTS, IF ANY, IN THE SERVICES PROVIDED WILL BE CORRECTED. SUSTAINABLE ONLINE SOLUTIONS DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABLITY OF THE WEB SITE(S). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUSTAINABLE ONLINE SOLUTIONS OR A SUSTAINABLE ONLINE SOLUTIONS REPRESENTATIVE SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY OR THE LICENSE.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, SUSTAINABLE ONLINE SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER REPAIR COSTS, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, THE RESULTS OF THE USE, OR THE INABILITY TO USE THE WEB SITE(S) OR THIRD-PARTY PROGRAMS, EVEN IF SUSTAINABLE ONLINE SOLUTIONS HAS BEEN ADVISED OF, OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. CLIENT’S SOLE REMEDY SHALL BE TO TERMINATE THIS AGREEMENT. SUSTAINABLE ONLINE SOLUTION’S AGGREGATE LIABILITY FOR ANY BREACH OF THIS AGREEMENT SHALL BE EXPRESSLY LIMITED TO THE LESSER OF THE FEES PAID BY THE CLIENT DURING THE PREVIOUS 90 DAYS OR $2000. 

Client Resources

  • Hosting & Domains: In the case where domains and hosting are provided through Sustainable Online Solutions, URL's will be transferred and a new agreement will be made between Client and Godaddy.com (Sustainable Online Solutions is a reseller of Godaddy products). Henceforth the Client may access 24/7 support via phone or email through Godaddy.com or http://sustainableonlinesolutions.net which redirects to https://www.securepaynet.net/default.aspx?prog_id=sos support phone number is (408) 624-2500
  • Email & Analytics: In the case that the Client has been provided with email, document, and analytics solutions provided by Google they may access them at any time via https://www.mail.google.com/a/clientdomain.com where "clientdomain.com" is the domain the Designer used to setup the primary site of the Client. The primary username and password provided to the Client may be used to access analytics at http://www.google.com/analytics/
  • Payments: All payments and financial matters between Client and Designer are handled through PayPal. A traditional interaction will be one lump sum payment at the start of a project followed by monthly payments. All payments are non-refundable. However, if the Client chooses to cancel their website and discontinue monthly payments (hence forfeiting the right to domain ownership, hosting space and all content and services rendered by Sustainable Online Solutions including analytics, email and other services) Client may manually turn off PayPal payments by logging in at https://www.paypal.com
  • External Communications: It has come to the attention of the Designer that when new domains are registered, or old ones transferred, the personal address and information of the Client is made visible in accordance with standard domain registration protocol. Third parties may then contact the Client via email, phone or postal mail with offers that can interrupt the service setup by Designer. One such example is the Domain Group which sends out postal mail offers to renew domains on behalf of the Client. These scams are designed to take control of the Client's finances and domains and are to be reported to the Designer so that Designer may advise the Client in how to respond so that Client receives uninterrupted service. If the Client mistakenly or intentionally cancels their own services or exposes their personal information Recovery procedure applies as described above.

Notices and/or payments shall be made to:
Sustainable Online Solution, Court Rye, Managing Partner

Notices and statements shall be sent to Client at Client’s address as follows:

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Client’s Telephone Number(s):

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Client’s Email Address(s):

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Designer:
Sustainable Online Solutions

Managing Partner: _____________________________________  Date: _____________________


Client:

Signature: ___________________________________________

(Printed Name): _______________________________________  Date: _____________________

Signature: ___________________________________________

(Printed Name): _______________________________________  Date: _____________________