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Terms of Usage
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Schedule.
AT AYSEL, Inc shall begin work
on projects within 2 business
days of the estimated start
date, as stated in the
agreement, as long as the
following condition have been
met: The agreement has been
signed by you "the client" or
approved through the online
approval process and a retainer
payment is made to AT AYSEL The
retainer payment shall be 50% of
the total design and/or set up
fees as stated in the agreement,
unless otherwise agreed upon in
writing by both parties.
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Payment.The
client shall pay 50% of the
retainer upon agreement of the
term and conditions of the
agreement. The remaining balance
is due upon completion of the
project. The Design / Setup fee
is an estimate, many variables
can change this total including
but not limited to: changes to
the site, additional graphic
design work, additional database
planning, additional database
programming, added features,
etc. In most cases this will be
foreseeable. You will get an
estimated rate to make
modifications and your
authorization from the email
address listed on the agreement
will be required. Any additional
charges that are either foreseen
or not foreseen will become due
upon completion of the project.
In certain instances AT AYSEL,
may require addition payments
prior to completion of the
project that will be applied to
the total due. This could happen
under the following
circumstances: Addition cost to
AT AYSEL, to secure programs
such as SSL certificates,
Payment Gateways or Shopping
carts or to obtain outside
contractors, or if we are
awaiting information from you
"the client" for completion of
the project. All other fees and
expenses will be invoiced as
services rendered. AT Web
Results, Inc shall be entitled
to charge the Client at its
Billing Rates for time spent
providing any other services not
specified under this agreement.
Checks shall be made payable to:
AT AYSEL Or Credit Card payments
are accepted through
www.ayselweb.com. The Client
agrees to pay outstanding
balances within 15 days of
invoice date.
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Contract Termination Fees
- Free
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Billing Terms.
All invoices are net payable
within 15 days. Failure to pay
invoices by due date listed on
the invoices will incure a late
payment fee of $2 US
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Relationship of Parties.
Both parties agree that the AT
AYSEL, is an independent
contractor. This Agreement is
not an employment agreement, nor
does it constitute a joint
venture or partnership between
the Client and AT AYSEL,.
Nothing contained herein shall
be construed to be inconsistent
with this independent contractor
relationship.
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Content Liability.
AT AYSEL, shall not be liable
for ensuring that there is not
any material, data or
information on our server, which
we host on your behalf, which is
illegal or unlawful, obscene,
defamatory or otherwise
infringes any third party rights
whatsoever. The Client
undertakes to secure copyright
and other appropriate licenses
or consents where necessary for
the inclusion of any material,
data and information provided to
AT AYSEL, pursuant hereto to
enable AT AYSEL, to incorporate
such material, data and
information into the clients Web
site.
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Copyright.
All media, software, code,
script and materials created by
the AT AYSEL, are property of AT
AYSEL, and fully protected by
copyright law. The Client will
be granted limited usage rights
as long as their account with AT
AYSEL, remains in good standing
and all debts are satisfied. The
Client will be held liable for
any unlawful or unauthorized use
of any copyrighted materials.
The client shall be responsible
for any copyright infringement
or liability resulting from
duplication, use, or editing
materials not produced,
licensed, or owned by the
client. Copyright protected
materials include proprietary
software, code and scripts
written by AT AYSEL, or it's
affiliates, third parties, or
sub contractors.
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Provision of Information.
The Client undertakes that it
will provide or procure the
provision of the information,
data and material required for
the purposes hereof by AT AYSEL,
in whatever formats and
timescales agreed by the
parties. The Client will provide
one Contact Person to act as
liaison with AT AYSEL, and this
Contact Person will be
considered responsible for
providing and exchanging all
necessary information with AT
AYSEL AT AYSEL, is not
responsible for time delays or
costs/expenses associated with
any delays in the exchange of
materials and information
between the Client or any other
third party sub contractors
assignees.
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Non Disclosure.
Any and all visual, oral or
written material and information
supplied by the Client to AT
AYSEL, Inc will be handled in
the strictest confidence and
shall be considered
"confidential material". All
such materials shall be retained
in the confidential files within
offices of AT AYSEL, and/or
published to the server when
requested, and upon completion
of the project, shall be
returned to the client if
requested.
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Changes.
We carefully prepare our
estimates based on information
furnished by the client and our
experience within the industry.
However, creative or
developmental projects often
lead to altered objectives. If
new information or instructions
are received during the course
of a project or phase that will
require more time than we have
budgeted, we will inform you
immediately and you will get an
revised rate to make
modifications and your
authorization from the email
address listed on the agreement
will be required for AT AYSEL,
to make these changes.
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Web Hosting.
AT AYSEL, will install the web
site content onto a computer
server that will facilitate
public access via the World Wide
Web through AT AYSEL AT AYSEL,
is not responsible for any
losses which may occur during
temporary site inaccessibility
due to technical problems with
the hosting server or network,
or due to regular server service
updates or maintenance unless it
exceeds our uptime gaurantee. AT
AYSEL, and its affiliates and
sub-contractors are in no way
responsible or liable for losses
or damages, including lost sales
or revenue due to web site
down-time. AT AYSEL does not
guarantee the functionality
and/or design of any work unless
they are hosted by AT AYSEL
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Web Hosting Fee.
The fee for web hosting is
billable quarterly or annually
and payable directly to AT AYSEL
AT AYSEL guarantees 99.9% web
server uptime. If for any reason
your monthly uptime falls below
our gaurantee you will receive a
credit not to exceed your
regularly scheduled monthly
hosting fee amount.
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Electronic Commerce Activity.
The client is responsible for
all bank charges and processing
fees incurred from credit card
processing services. As well as
any web site security charges
for Secure layer Socket (SSL)
certificate. AT AYSEL, can
secure these on your behalf at
reduced rates.
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Training & Technical Support
AT AYSEL, Inc will provide a
reasonable amount of training
and technical support at no
charge for 60 consecutive days
beginning on the date this
contract is signed and accepted.
Training and Technical Support
issues covered by this agreement
must be directly related to the
agreement.
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Cancellation Prior to Completion
If for any reason the project is
canceled or postponed, the
client will assume financial
responsibility only for the work
performed and material consumed
up to that point. The client is
not obligated to complete work.
No part of the initial retainer
amount is refundable once work
begins.
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Termination of Service
If either party decides to
terminate service, the following
will be provided to the client
by AT AYSEL as long as the
client has paid any and all
invoices due to AT AYSEL,
including, if applicable,
current and past due balances,
late fees, termination fees,
design fees, IT support,
training fees, Licensing fees,
domain renewal fees, reasonable
legal fees or court costs. An
HTML copy of the entire front
end (the publicly viewable
pages) of the website, including
all images, HTML, JavaScript
and/or CSS used within these
pages. As well as a complete
copy of the database information
in an excel or comma delimited
spreadsheet. This information
will be delivered on a CD or DVD
to the client vie Sri Lanka
Postal Service or the client can
schedule a time to pick it up at
AT AYSEL office as listed on the
website www.ayselweb.com. The
fee for this services is $10 per
domain. ANY AND ALL Custom
Scripts that are developed by AT
AYSEL are the sole ownership of
AT AYSEL and are copyright
protected. If you would like to
extend your limited use license
to another server and allow for
a complete transfer of your web
site as it is configured with AT
AYSEL, those terms and
conditions would need to be
agreed upon by both parties in
writing prior to transferring
the data.
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Fulfillment
Both the Client and AT AYSEL,
enter this agreement in good
faith and shall act accordingly
toward the goal of fulfilling
the desired objectives and terms
of this agreement.
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Miscellany.
This Agreement constitutes the
entire agreement between the
parties. Its terms can be
modified only by an instrument
in writing signed by both
parties. This Agreement shall be
binding on the parties, their
heirs, successors, assigns, and
personal representatives. This
Agreement shall be governed by
the laws of the Sri Lanka.
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AT AYSEL, reserves the right to
modify these terms and
conditions at any time without
notice. The latest version will
always be available at AT AYSEL
If we are working on a project
with you when these terms change
you will only be held
responsible for changes in the
managed hosting portion of these
terms.
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