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The following terms and conditions are intended to be fair to all concerned parties and to aid in the supply of services. This agreement represents the complete agreement and understanding between TYL Incorporated, dba Goldfish Network.com (hereafter, "Goldfish Network" ) and the account holder/client. Web Site Design: Goldfish Network provides a high standard of website design work. The client will have the opportunity to view website design drafts and give feedback during the design process. Once we have completed the design, the client's website is moved into an integration phase, taking content provided by the client and adding it into their website. After all content is placed, client will have 3 days to proofread website for typos, misspellings and grammatical errors. Any changes requested after this proofing, are considered maintenance and will be billed accordingly. Website is then published to hosting company of client's choice. Goldfish Network will exert all reasonable efforts to meet client's satisfaction. Unless otherwise stipulated on the client's original sales order, we will invest up to 40 hours of design and tech time into each website. Client expressly acknowledges that 40 hours is a reasonable time to spend on website design and development. If design changes are requested after integration has begun, it is considered a site redo and the client will be billed accordingly at our standard rates. We take pride in our satisfied customers and look forward to giving you the same level of service excellence. Search Engine Optimization and Search Engine Marketing: Goldfish Network adheres to the SEO Code of Ethics. Guarantees outside this code are neither extended nor implied. The client has the right at any time to terminate project per the notice provision in this document. No refunds will be given for work done prior to client cancellation notice. Payment Information: All orders must be paid in full before the start of your project unless special terms were authorized by accounting prior to beginning website construction. We accept Visa, Master Card, Discover, PayPal & Checks. Cancellation Policy: Client may notify Goldfish Network of project cancellation consistent with notice provision. Client will be charged a minimum 30% cancellation fee and domain name registration fee (if applicable). If client has approved design and then requests a refund, the refund will be allocated by percentage of website completion as determined by the management of Goldfish Network. No refunds are available after 30 days from purchase date. Time Block Billing: If a client opts for Time Block Billing, Goldfish Network will give client an approximate range for intended project but the client assumes responsibility for project scope. All work done by Goldfish Network under this arrangement will be billed at a flat hourly rate of $62.50/hour. Time blocks must be purchased in advance and in increments of $500.00. Time Frame of Completion: Goldfish Network and the client must work together in order to complete the project in a timely manner. To avoid missed deadlines, the client must supply Goldfish Network with any specific text, graphics, or other specific items for the website design ASAP; 3-8 business days would be optimal. Your site will be delivered within 15 to 20 business days after you supply us with all text, pictures and other content that you require for your site. Client's website project cannot be completed until all content is submitted from client. Website Content: Content submitted by client including text, diagrams, maps, and photos must be submitted in electronic/digital form. The content may be e-mailed to Goldfish Network or submitted on CD. If the content is only available in paper form, additional fees may be assessed for the time and labor involved in making content suitable for use on the client's website. The additional time and labor is needed for document scanning, color correction and matching, proofreading, and review. The documents must be clear and of such quality that facilitates reproduction in electronic/digital form. Please make sure that all the content you forward to us are copies because we can not be responsible for returning them. Photos and Graphics: Photos and graphics may be submitted to Goldfish Network on CD in any of the standard graphic formats or emailed directly to Goldfish Network. Paper format should be the highest quality artwork or photos available for Goldfish Network to scan. Make sure your originals are clear and clean. Goldfish Network will resize your graphics to conform to your web page. Goldfish Network will not accept graphics smaller than 2" X 2" or larger than 8.5" x 11". Please make sure that all the images you forward to us are copies because we can not be responsible for returning them. Hosting & Domain Name: Web site hosting is available and will be billed monthly. Hosting pricing varies depending upon package selected. Hosting charges begin immediately after web site is published. Publication is confirmed by client signing an Authorization to Publish form. Should client unreasonably withhold signature, Goldfish Network can begin billing hosting charges. Included in the price of monthly hosting is one hour of Tech/Design time each month. This time can be used for minor changes such as: add/delete text, pictures, links, etc. Please note: Tech/Design time is available once per month and cannot be accrued. If desired, client can purchase additional Tech/Design time at rate of $75.00/hour or purchase time blocks of $500.00 for 8 hours.
If a domain name is needed, Goldfish Network will register the client's name and address as the administrative contact/owner of domain. After completion of the first year, it is the client's responsibility to renew their domain name. Online Payment & Shopping Cart Setup: (If Applicable) In order for client to accept online payments, clients are responsible for signing up with an online shopping cart company and have a merchant account available. Please speak with your account manager for details. Non-Payments/NSF Goldfish Network reserves the right to suspend any or all services, until payment is received in full. A charge of US$30.00 will be charged on all NSF payments and or any other type of returned payment. Copyright: Except where otherwise noted, the material on this website is copyright © by TYL Incorporated dba Goldfish Network. Material which is not an original work of Goldfish Network has had its copyright licensed from the owner by Goldfish Network. Except for temporary electronic storage for the purpose of immediate viewing, no part of this website may be stored or transmitted, electronically, mechanically, or otherwise, without the prior express consent of Goldfish Network. We take copyright infringement very seriously. The client will obtain all the necessary permissions and authorities in respect to the use of all copy, graphic images, registered company logos, names and trademarks or any other material supplied by client. The client represents to Goldfish Network and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Goldfish Network for inclusion in web pages are owned by the client, or that the client has written permission from the rightful owner to use each of these elements. Client will hold harmless, protect, and defend Goldfish Network and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. Goldfish Network Design Credit on Website: A link to Goldfish Network will appear in small type & graphical format at the bottom portion of the website. The link will not cause users to leave the client website; rather, it will open a new browser window to the Goldfish Network website or email address, at Goldfish Network discretion. The link will typically state, "Design by Goldfish Network." This link may not be modified at any time without express written consent of Goldfish Network during the existence of the website for public viewing. Additionally, design credits to Goldfish Network will also be in the HTML code of each page, hidden from normal view, and may not be modified at any time without express written consent of Goldfish Network during the existence of the website for public viewing. External Links Goldfish Network tests all external links before publishing a client's website to make sure that they are current and work properly. Frequently these external websites are redesigned or discontinued and therefore the link is broken. Goldfish Network will replace or remove the broken link as part of the monthly Tech/Design time, if the client is currently hosted on our servers. (For conditions, please see "Hosting and Domain Names" above. ) Contact Forms: Goldfish Network does not warrant that the contact form data will be error free or uninterrupted. Contact forms are provided "as is" without warranty of any kind, either expressed or implied. You agree to indemnify and hold harmless Goldfish Network.com from any claims resulting in loss of data or data being inaccurate. Website Alterations by other parties: Goldfish Network cannot accept responsibility for any alterations caused by client or third parties occurring to the client's website pages once placed. Such alterations include, but are not limited to additions, modifications, deletions, stolen content, stolen domain name or hosting failure. Specific Unacceptable Use Policies: a) Server abuse - Any attempt to undermine or cause harm to a server, or customer, is strictly prohibited. b) Unauthorized use and illegal activities prohibited by Goldfish Network: The use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. We do NOT allow adult, pornographic, nudity, obscenity, or any illegal content. Notice Provision: All notices to Goldfish Network shall be sent via certified mail, return receipt requested to the following address: Michael Thayer, Registered Agent Goldfish Network.com 19354 SW Boones Ferry Road Tualatin, Oregon 97062 Governing Law & Jurisdiction: Client acknowledges that Goldfish Network services are provided in the state of Oregon. This agreement shall be governed by the laws of the State of Oregon and client agrees to submit to the personal and exclusive jurisdiction of the Small Claims Department of the Circuit Court located in Washington County in the state of Oregon. The failure of Goldfish Network to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. Both parties, Goldfish Network and client, agree that this provision is a material condition of the contract. Arbitration Any controversy or dispute arising out of services performed by Goldfish Network or the interpretation of any provision contained in this document that exceeds the limit for Small Claims Court in the state of Oregon, shall be submitted to arbitration in Washington County, Oregon, in accordance with the rules set forth by the American Arbitration Association. Any award or decision obtained from such arbitration proceeding shall be final and binding on the parties.
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