Terms of Agreement:
Vologon Productions, LLC will provide the maintenance for client’s websites as outlined per the client’s request indicated in the “Website Maintenance Agreement”. With respect to whether Vologon Productions, LLC response time is reasonable, maintenance requests submitted by the client after 5:00 PM (Mountain Time) will be deemed received on the next business day (Saturday, Sunday, and federal holidays do not constitute business days) and maintenance requests submitted by the client on weekends or federal holidays shall be deemed received on the first business day following the weekend and/or federal holiday. In the majority of cases, requested work is completed within 24 to 48 hours of the received request.
The client is solely responsible for providing Vologon Productions, LLC with clear and specific instructions as to what modifications are to be made to client’s website. Vologon Productions, LLC shall take reasonable steps to clarify ambiguous requests; however, Vologon Productions, LLC will not be liable to client or any third parties for unclear or ambiguous requests submitted by clients or client’s agent or agents. Vologon Productions, LLC will take reasonable steps to notify client or clients’ agent when modifications are made to client’s website. In all cases, email communications shall be deemed reasonable. Client agrees to review and inspect Vologon Productions, LLC services and work with Vologon Productions, LLC as soon as reasonably possible to ensure that the work is accurate and appropriate. The client agrees to communicate any omissions, errors or other changes identified with Vologon Productions, LLC services to Vologon Productions, LLC via email and or telephone as soon as reasonably possible upon discovery. Vologon Productions, LLC will attempt to resolve any genuine errors as quickly as possible; however, Vologon Productions, LLC does not accept responsibility for any loss, damage, or injury, either monetary or otherwise, due to any delay or similar circumstance.
Terms of Payment:
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the maintenance moving forward, so you agree to stick tight to the following payment schedule.
The total budget for this project: (Determined in Contract)
Vologon Productions, LLC will invoice client for one hundred per cent (100%) of the first month fees at point of this signed contract agreement. From that point forward we will invoice on the first of each month (unless a different date is stated in the contract). Payment of such invoices is due immediately upon receipt. In the event payment is not made within 15 days, Vologon Productions, LLC will charge a late payment fee of 18% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs Vologon Productions, LLC pays for carrying overdue invoices from client. In addition, Vologon Productions, LLC reserves the right to stop work for client until payment is received.
Vologon Productions, LLC maintenance service shall be for twelve (12) months, commencing immediately after the final website design payment is received and or the “Website Maintenance Agreement” is accepted. This contract can ONLY be renewed by both parties at least 30 Days prior to the expiration date. The client may terminate this agreement at the expiration of the initial twelve (12) month period or any extension thereof by giving Vologon Productions, LLC at least thirty (30) days written notice either via email or in written letter form before the expiration of this agreement. Absent such a timely notice to terminate or renew current service, this agreement will continue on a month-to-month basis ACCORDING TO OUR STANDARD MAINTENANCE SERVICE following the initial twelve (12) month period. All other terms and provisions of this agreement shall remain in full force and effect in the event that this agreement continues beyond the initial twelve (12) month period (including the requirement that client give Vologon Productions, LLC thirty (30) days advance written notice of client’s intention to terminate this agreement).
This Agreement may be terminated in the following circumstances:
a) By either party giving the other party thirty (30) days notice in writing to that effect;
b) Immediately by Vologon Productions, LLC for late payment and/or breach of any terms of this agreement by the Client. Vologon Productions, LLC shall be entitled to immediately commence activity to collect any outstanding balance, including referring the matter to an outside collection agency and/or assigning the agreement and all rights and/or obligations hereunder to any third party without notice for late payment, non-payment or breach of contract by Client. Client hereby consents to such an assignment. Moreover, if client fails to make timely payments to Vologon Productions, LLC under this agreement, client authorizes Vologon Productions, LLC to report any late payment or non-payment to any and all credit reporting agencies. Vologon Productions, LLC retains the right to immediately terminate or suspend the MAINTENANCE SERVICE to the said client in the event that the client’s payment is late or if client breaches any provision of this agreement. Vologon Productions, LLC will strive to, but is not required to, provide client with notice of said termination or suspension.
Vologon Productions, LLC may reinstate a client’s service if pending the client, within thirty (30) days of the late payment and breach, pays Vologon Productions, LLC a Service Reinstatement Fee of $50.00 plus all outstanding amounts due; which includes the cost of monthly service(s) that would have been provided during the period of suspension, or if the client corrects its breach to Vologon Productions, LLC satisfaction.
Payment for Non-Cancelable Materials and Service:
If upon termination there exist any materials furnished by Vologon Productions, LLC or any services performed by us for which you have not paid Vologon Productions, LLC in full, until such time as you have paid Vologon Productions, LLC in full you agree not to use any such materials, in whole or in part, or the product of such services. Any non-cancelable materials, services, etc., we have committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography, software and/or external services) shall be paid for by the client, in accordance with the provisions of this Agreement. Vologon Productions, LLC agrees to use our best efforts to minimize such liabilities immediately upon written notification from you. Vologon Productions, LLC will provide written proof, upon request of the client, that any such materials and services are non cancelable.
Transfer of Materials:
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by client to Vologon Productions, LLC, Vologon Productions, LLC shall transfer, assign and make available to client all property and materials in its possession or control belonging to client. Client agrees to pay for all costs associated with the transfer of materials.
Client agrees to comply with all local, state, national, and international laws regarding use of the Internet, including but not limited to trademark, copyright, patent, tax, and tariff. Vologon Productions, LLC reserves the right to report and/or remove any and all materials which infringe on copyright or other intellectual property rights. Such materials will be removed at any time upon receiving a complaint and/or notice of infringement or other violation. Client will be responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via client’s web pages or websites.
Client agrees to indemnify, defend and hold Vologon Productions, LLC, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, damage, injury, and expense (including damage awards, settlement amounts, and legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from client’s use of , any websites(s), and/or client’s breach of any term of this agreement.
This Agreement shall be governed and construed in accordance with the laws of the State of COLORADO in the County of Jefferson County.
Representations and Warranties:
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
Vologon Productions, LLC service consists of website maintenance.
This maintenance service includes making routine changes or updates to the client’s website content, such as adding, editing or deleting…
* Product and/or service offerings and pricing or other promotional efforts
* Time-sensitive events such as company news or human resource information
* Company articles, photos or graphics, and company contact information
* Customer service issues in FAQ or Question and Answer format
* Adding and/or removing hyperlinks
* Making basic alterations to images or other graphics
* Additional web pages
* Website database management
Vologon Productions, LLC service DOES NOT include non-routine website maintenance services (unless stated in contract), such as:
* Structural or non-content-related changes to websites
* Advanced alteration of images or graphics
* Design, development, or enhancement of advanced programming or visual structures
* E-commerce redesign
* Changes to flash content
Vologon Productions, LLC service will only be provided for the one website specified which includes any sub-domains, in the client’s “Website Maintenance Agreement”. One website shall consist only of those web pages listed under a single URL or domain name. Thus, clients with multiple website must submit a separate “Website Maintenance Agreement” for each site or sub domain or obtain written consent from Vologon Productions, LLC to treat multiple websites or sub domains as a single website.
* VOLOGON PRODUCTIONS, LLC reserves the right to amend its policies at any time. Any changes in policy can be found at: http://vologon.com/website-maintenance-terms. Vologon Productions, LLC will notify client via email when updates to policy have occurred.
If you have any questions concerning the above stated terms and conditions then please email us at firstname.lastname@example.org.