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Terms of Agreement

ABARKEZ Web Services Agreement

By purchasing a plan from ABARKEZ.com, you engage in this agreement between ABARKEZ Web Services (“ABARKEZ”), and the company of billed purchaser hereinafter known as (“Client”) (collectively hereinafter “Party” or “Parties”) to be bound by the following terms and conditions.

RECITALS

  1. ABARKEZ is in the business of implementing websites, providing web hosting, and related web services. Client wishes to utilize the services of ABARKEZ for this purpose as well as for other related services as set forth below.

TERMS OF THE AGREEMENT

In consideration of the foregoing and the mutual promises contained herein, ABARKEZ and Client agree as follows:

 

  1. Engagement of and Payment to ABARKEZ. Client hereby agrees to engage and pay ABARKEZ for the services to be provided as set forth in Exhibit A (“Services”) which is attached hereto and is incorporated herein by this reference. All payment shall be due and payable within 10 days of the date of ABARKEZ’s invoice. Past due payments shall bear interest at the rate of 1.5% per month from the due date.
  2. Property Rights. Upon final payment of the Services, ownership of the completed assembled website including website design, graphics, text, and the HTML source code, shall be transferred to Client. Rights to stock photographs, other source codes, and computer programs are specifically not transferred to Client and remain the property of their respective owners.
  3. Warranties and Representations. Client acknowledges and agrees that ABARKEZ has no control over changing external economic and social factors that can affect Client’s business and that any of the services and products that ABARKEZ provides cannot and will not guarantee that Client’s sales, revenue, income, or business activity will increase. Client further acknowledges and agrees that ABARKEZ has made no representations or guarantees that any Services provided by ABARKEZ will improve Client’s ranking or placement on any internet search engine.
  4. Start and Completion of Service. Client acknowledges that ABARKEZ’s start and completion of the Services are dependent upon Client providing materials including but not limited to text, images, videos, and any special input and instructions regarding said content, (collectively, ‘Content”), including timely approvals from Client. Client agrees to provide ABARKEZ with all Content needed to complete the Services within thirty (30) days of any request from ABARKEZ. Any delay by Client will affect the completion of the Services. In the event that Client does not timely provide ABARKEZ with the requested Content, Client agrees that ABARKEZ may use filler content of ABARKEZ’s choosing to complete the Services. In the event of any such delay by Client, Client agrees to be responsible for ABARKEZ’s fees and any additional costs incurred for any additional work required to be done by ABARKEZ. All additional work necessitated by Client’s delay shall be billed at the rate of $130 per hour. Client acknowledges that ABARKEZ is not responsible and agrees to hold ABARKEZ harmless for any delays or damages resulting from Client’s failure to make such submissions in a timely manner.
  5. Meetings and Approvals. Client agrees to meet with ABARKEZ as required by ABARKEZ until the project is completed. Milestone approvals and signoffs must be responded to within dates specified by ABARKEZ. A non-response by Client to a requested approval or sign-off shall constidoes tute that milestone or sign-off is approved by Client.
  6. Changes/Additions to Agreed upon Services. In the event Client wishes to make changes to any work by ABARKEZ that has already been approved and accepted by Client including, but not limited to, design, graphics, text, Layout of a site, SE0 or campaign strategy, or, if in the opinion of ABARKEZ, any item of work requested by Client is not within the scope of Exhibit A, Clients agrees to pay ABARKEZ at the hourly rate of $130 per hour in addition to any costs incurred by ABARKEZ.
  7. Electronic Commerce. Client understands and acknowledges that from time to time, that State, Federal, and local laws and regulations may change, including taxes, assessments, tariffs, and levies that pertain to internet electric commerce. Client agrees that Client is solely responsible for compliance with any and all laws and regulations and is responsible for all taxes, assessments, tariffs, and levies.
  8. Assignment of Project. ABARKEZ reserves the right to assign subcontractors to this project. At the sole discretion of ABARKEZ, work produced by subcontractors may be protected by undersigned confidentiality agreements and shall remain the property of ABARKEZ.
  9. Conditions Affecting Performance. Certain conditions beyond the control of ABARKEZ may affect ABARKEZ’s ability to perform obligations provided for under this Agreement. These conditions may include but are not limited to, labor shortages, internet outages, change in supported technologies, Acts of God, or circumstances or causes beyond the control of ABARKEZ. ABARKEZ shall not be liable for and Client agrees to hold ABARKEZ harmless for any delays, cancellations, or terminations that result in damages of any kind to Client as the result of any such conditions or circumstances. ABARKEZ reserves the right to terminate any projects, web hosting, and other services provided without prior notice.
  10. Custom Project Cancellations. Either ABARKEZ or Client may cancel this Agreement by providing written notice of the intent to do so. In terms of Client’s cancellation, the notice of cancellation must specifically instruct ABARKEZ to cease all further work. Client will be liable for all work performed up to the date that the notice of cancellation is sent by or received by ABARKEZ. Any work which has not been previously billed by ABARKEZ shall be billed at the hourly rate of $130 dollars per hour. Any such work together with work that has previously been billed, and not as yet paid, shall be deducted from any outstanding deposits given by Client. In the event, Client elects to cancel this Agreement after ABARKEZ has commenced work on the project, any deposits made by Client shall be deemed to be non-refundable.
  11. Use of Clients Materials. Should ABARKEZ, upon Client’s written request, verbal instruction, or delivery of materials, utilize Clients materials which may include, but are not limited to, photographs, text, software, code, copyrighted material, and for materials that may be owned by third parties (“Client’s Materials”), Client acknowledges and agrees that neither ABARKEZ nor its employees, agents or anyone acting on its behalf have made any representation to Client regarding Client’s entitlement to use Client’s Materials. Client acknowledges and agrees that Client has relied on its own investigation to establish whether Client is entitled to use Client’s Materials. Client agrees to defend, indemnify and hold ABARKEZ, its employees, agents, or anyone acting on its behalf harmless from any and all claims of any kind including, but not limited to, all lawsuits for damages, royalties, penalties, interest, legal fees, expert fees and court costs of any kind (“Claims’) arising out of, related to, or alleged to arise out of or relate to any use of Client’s Materials unless such Claims are due to ABARKEZ’s gross negligence or intentional misconduct.
  12. Americans with Disabilities Act Compliance and other Laws. Unless specifically set forth in Exhibit A, ABARKEZ does not guarantee that its website designs, web hosting, internet marketing, ongoing maintenance, and related services will ensure Client’s compliance with the Americans with Disabilities Act (“ADA”), General Data Protection Regulation (“GDPR”) and other content accessibility and/or data privacy guidelines (“Compliance Related Services”). Compliance Related Services are specialized services that ABARKEZ does offer for a fee, but it is not part of the general services provided. Even if ABARKEZ is engaged to provide Compliance Related Services, due to complexities in the law and the ever-changing landscape of online advertising and communication, ABARKEZ makes no guarantee that its services will ensure Client’s 1005: compliance with the ADA, GDPR, and other Federal and State laws. For this reason, Client agrees that ABARKEZ shall not be responsible for any claims and or damages of any kind suffered by Client as a result of Client’s non-compliance with the ADA, GDPR, and other Federal and State laws.
  13. No Hire of Employees/Subcontractors. Client agrees that Client shall not solicit in an attempt to hire, hire or contract directly with any employee employed by ABARKEZ nor any independent contractor who provides service for ABARKEZ for the same or similar services provided by ABARKEZ.
  14.  Final Product Testing. Client agrees that Client shall test the functionality of any website created by ABARKEZ to ensure that it is working pursuant to the Client’s needs before it is used for Client’s business or other related purposes. If Client discovers that any website is not functioning properly, Client shall Immediately notify ABARKEZ in writing. Client agrees that if Client fails to test the functionality of any website and suffers damages as a result, Client shall hold ABARKEZ harmless from any and all damages of any kind suffered by Client.
  15. Attorney’s Fees, Costs, Venue, and Governing Law. In the event any dispute arising between the Parties results in the filing of a lawsuit, the prevailing party, as determined by a Court of competent jurisdiction, shall be entitled to an award of its reasonable attorney’s fees and taxable costs. Venue for all disputes related to or arising out of this Agreement is proper only in Baltimore, Maryland. This Agreement shall be governed by the laws of the State of Maryland.
  16. Mediation. Before any lawsuit is filed, the Parties to this Agreement must engage in a total of four (4) hours of mediation unless the Parties agree in writing otherwise. If the mediator cannot be agreed upon by the Parties, then each Party will select one mediator and those mediators shall agree upon one mediator to preside over the matter. The presiding mediator’s fees shall be split equally between the Parties.
  17. Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provisions shall be fully severable.
  18. Web Hosting. Our services to host your website. This also includes managing your domain name (optional). Domains for the Lifetime Website Deal are subdomains of “abzsite.com”. ABARKEZ hosting packages are managed by ABARKEZ and are provided by SiteGround, a third-party service. When registering a web host on ABARKEZ you also agree to SiteGround’s Privacy Policy and SiteGround’s Terms of Service. While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly and are not liable for your actions, the actions of third-party service providers, or the actions of individuals who use your products and services (“End Users”). 
  19.  Account Security. We have tools to protect from cyber threats and use resources to maintain a high level of security. However, you are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. ABARKEZ is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
  20. No Refunds. All sales are final, and the Abarkez does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Abarkez

Operating in Maryland, USA but servicing the globe 🌎.
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