STANDARD TERMS & CONDITIONS
As our "Customer", you and/or your company agree to
Payments for advertising and web hosting are due in advance. Web site
design/programming contracts require a minimum 50% upfront payment of set-up
services and the balance of all fees are due upon completion even if the
contract is cancelled. Set-up fees and upfront payments are not subject to
refund if a contract is cancelled unless ComCity so deems. All Web
hosting service and advertising terms automatically renew upon expiration unless
prior written notice (must be by fax or US Mail) of cancellation
is received by our office 30 days prior to the date of renewal.
Expiration: All proposals expire
30 days after receipt
unless stated otherwise or signed by both parties. ComCity bills 2-3 days
before the preceeding month for any services within 45 days of expiration, and Terms are Net
0 from the effective start date. Web site design set-up fees are non-refundable even if the contract
is cancelled. Requests for refund or any other billing dispute requests
must be delivered in writing by the US Post Office. Cancellations of service
requires written notice delivered by US Post Office or Fax machine (you must retain your
fax record as receipt).
Attorney’s Fees: Your company agrees to pay reasonable attorney
fees and any other reasonable fees required to enforce and defend all terms and conditions
of this contract and any other agreement or policy of ComCity. In addition, your company agrees to reimburse ComCity any
amounts made on behalf of collecting on delinquent payments or required to enforce
the payment terms of this contract.
Privacy and defamatory content:
Your company also warrants and represents that icons, graphics, images, company names, and other
information which you prescribe to be placed on your web advertisement will
not (i) violate any international, federal, state or local law or regulation;
(ii) in any way violate or infringe upon any party’s privacy right, right of
publicity, or an other right of any person or entity; (iii) contain any material
which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous
or defamatory. In cases where you violate this, your company agrees to indemnify
ComCity against third party suits. ComCity makes no warranties,
expressed or implied, regarding content seen or not seen by the public and expressly
disclaims responsibility for such content to which you are sorely responsible
for deleting, removing or adding from the server and of which you have control
of. If you do not have control of the content on your web site, you must
provide ComCity 30 days written notice delivered by certified mail via the US
post office of this and give us adequate notice of what you wish to do with
the content. A simple service cancellation is not adequate notice of a
Right to Remove:
Your company also acknowledges and agrees that ComCity can suspend or remove, at
any time, if;
(i) ComCity has not received all fees relating to the payment of services
rendered; and (ii) ComCity believes, in its sole discretion that advertisements and/or services are in violation of any section of this agreement.
Your company agrees that ComCity reserves all Intellectual property rights on
web programming, and web customization that we perform for your
company including original copyright rights and trademark rights for our source
code, scripts and any original graphic designs that we perform on your behalf or for you as
part of any contract or agreement. You are granted a limited license and right
to use only and are governed by our Software License Agreement and EULA which
you may request a copy of at any time.
Disclaimer: Your company agrees that ComCity does not
guarantee the effectiveness of your web advertisement, web pages, web hosting, or the effectiveness
of your web banner advertisement and we expressly disclaim and excludes all
express warranties and implied warranties of merchantability and fitness for
a particular purpose. ComCity cannot guarantee impression rates or click-through
Non-Payment of Fees:
Your company also acknowledges and agrees
that ComCity can suspend or remove advertisements and web pages if; (i) ComCity
has not received all fees relating to the payment of services rendered; and
(ii) ComCity believes, in its sole discretion that such advertisements and services
are in violation of any of the terms of this agreement. Your company further
acknowledges and agrees that ComCity is not responsible for and cannot control
the content of email messages or fax messages sent to Customers by third parties
who access your web page.
A returned check charge of $25.00 will be
incurred for all returned checks or returned credit card charges.
Interruptions in Service:
ComCity is not liable for any errors
or interruption in service, whether within or outside of ComCity’s reasonable
control. Service may be temporarily unavailable for scheduled maintenance, either
by ComCity or by third-party providers, or because of other causes either
within or outside of our control. If
ComCity is found to be liable by an outside agency or through legal relief,
you agree that the maximum amount of liability for such finding is limited to
the refund of payment made on behalf of those services. ComCity can never
be found liable for any consequential damages that may or may not arise out
of an interruption in service whether by fault of ComCity or by fault of another
within ComCity's control.
ComCity will use its commercially reasonable
efforts to avoid Downtime for 99% of the hours as an average calculated over
each calendar year. If customer is unable to transmit and receive information
from the Network to other portions of the Internet because of ComCity's failure
to provide Network access services ("DownTime") for more than four
(4) continous hours, then ComCity will credit customer's account for future
services based on the pro-rata
fees for the continuous duration of such downtime; provided that all such credits
will not exceed an aggregate maximum credit of bandwidth fees otherwise due
from customer for one (1) calendar month for failures in any one (1) calendar
month. For purposes of the foregoing, "unable to transmit and receive"
shall mean sustained packet loss in excess of fifty percent (50%) based on ComCity
measurements. Customer must notify ComCity within three (3) business days
in writing from the time customer becomes eligible to receive this credit with
network traceroutes to demonstrate failures.
Failure to comply with this requirement will forfeit customer's right to receive
such a credit.
Customer is responsible for protecting Customer’s
password and for any authorized or unauthorized use made of Customers’ password.
Customer will not use or permit anyone to use ComCity’s service to guess passwords
or to access other systems or networks with authorization. ComCity will fully
cooperate with law enforcement authorities in the detection and prosecution
of illegal activity. If customer loses their password or username, they
must request a new password in writing on company letterhead using our
prescribed procedures so that we may keep this information in confidence.
Internet Etiquette: Customer is expected to be familiar with
and to practice good Internet etiquette (Netiquette). Customer will comply with
the rules appropriate to any network to which ComCity may provide access. Customer
should not post, transmit, or permit Internet access to information Customer
desires to keep confidential. Customer is not permitted to post any material
that is illegal, libelous, tortuous, or likely to result in retaliation against
ComCity by offended users. ComCity reserves the right to refuse or terminate
service at any time. Customer will indemnify ComCity and hold ComCity harmless
from any damage to ComCity’s business, service, equipment, network, operations,
or reputation resulting from Customer’s actions, including but not limited to
any government actions, acts of vandalism or other retaliation, and any claims
of libel, unfair competition, infringement of any patent, copyright, trademark,
service mark, or other intellectual property right, violation of privacy, or
Consent to Jurisdiction:
If any disputes arise or if litigation
is required to enforce any part of this contract, your company agrees that such
disputes will be resolved in accordance with the laws of the state of Texas
and the venue of resolution is deemed as the county of Travis in the state
Late Payments: ComCity services are due and payable in advance
and will bill for services up to 45 days in advance. All payments are due and
payable within 0 days of notice by written invoice delivered by standard US
post office mail. You and your company agree to pay a late penalty fee equal
to 1.5% of the monthly amount due for each month or partial month, or the highest rate allowed by applicable
law, on the unpaid balance for any amounts which exceed 30 days. Unless we
receive advanced payment,
ComCity reserves the right to terminate service without any further warning
or notice. Your company also agrees to pay additional late fees according to
the following schedule:
Responsibilities- ComCity makes no warranties, expressed or
implied, regarding services provided. ComCity is not responsible for any damages
suffered from the use of our services, including but not limited to, loss of
data, service interruptions and/or delays in service, or third party litigation.
You expressly agree to hold ComCity harmless for
all incidental or consequential damages they may result from any temporary or
long term service interruptions whether they are a fault of ComCity or our
suppliers. You agree that you are completely responsible for maintaining a
backup of your website content at all times and that ComCity does not provide
any data backup services. ComCity's backup capabilities are strictly to
maintain a "fail-over" or "recovery" mode data backup. If you need ComCity
to search for and recover older or backed up data from our archives, we charge a
fee of $250 simply to search for whether the data is backed up and serviceable.
If we can find a backup, we charge $200/hour with a minimum fee of $750 to restore the data which we do
not guarantee is current to your liking.
All billing disputes, with ComCity, must be
received at our business office, in writing, and the obligation to pay for service
will continue until such notice is received or until the contract is fulfilled
whichever is later. Written notice must be received by the US post office
and because e-mail or electronic mail is not currently deemed 100% reliability,
e-mail or verbal notice does not constitute formal written notice. Termination
of your service does not constitute relief from amounts incurred prior to termination.
Agreements or contracts not on a monthly basis (yearly, quarterly, etc...) can
only be cancelled in writing delivered to us by US post office or by fax (please
return your fax record as receipt), but the subscriber will be obligated to
pay any and all fees until termination of the contract is finalized.
SPAM Policy: The transmission of any type of material,
whether graphical or textual in content, to other subscribers or non-subscribers
without their express consent or previous solicitation is prohibited under the
terms of this agreement. Any violations of our SPAM policy will result in immediate
termination. Your company further acknowledges and agrees that ComCity is not
responsible for and cannot control the content of email messages or fax messages
sent to Customers by third parties who access your web page.
Modification of Terms- ComCity reserves the right to change or
modify the terms and/or conditions, rates and/or services at any time. Such
changes, modifications or additions shall be effective immediately upon written
or electronic notification or when made publicly available on its website at
Any continued use of ComCity services, by the subscriber, after such notice,
constitutes implied acceptance of the same. Neither party may specify
there are additional terms
of this contract, beyond that currently delineated herein, either as modifications or additions, unless both party initials
and dates those additional modifications. Any terms, modifications or
changes to this contract which do no contain the initials and dates of both
parties may not be held enforceable.
Force Majeure -
Neither party will be liable or deemed to
be in default for any delay or failure in performance under this Agreement resulting,
directly or indirectly, from acts of God, lack of Internet Access or any other
reasons commonly known as Force Majeure.
Direct Work –
Client and customer agrees not to work, directly or indirectly,
with any person or entity (or referral from same) that has ever been an employee,
contractor, or agent of ComCity, for a period of two years from
the termination or conclusion of this contract, without the express written
agreement of ComCity.
Refusal of an Order
– ComCity reserves the right to refuse an order or refuse to provide
service to any company, person or entity at any time.
Refund Processing – You agree to allow at least 60 days for the processing
of any refunds or credits.
Hosting Refunds –
Refund requests may be processed on initial
hosting terms ONLY if they are received within 60 days of a new hosting account
activation. Such requests are treated as a breaking of the original contract,
therefore, forfeiting any and all discounted pricing associated with the term
offer. ComCity will make adjustments as follows:
The hosting account bounces to the month-to-month rate for the
package original signed up for. The account is subjected to a normal $50
set-up fee if the hosting is terminated within 90 days for the initial hosting
order date. And unused hosting after the above fees are applied, is credited
back to the client.
Note: There are NO refunds on hosting contract renewals.