DOCUMENT VERSION 20140921
“client” means person, company or organization entering in contract with advancis for the development of a ReadyWeb web site.
“advancis” also referred to thereafter as “advancis.com” or “advancis.com,Inc.” refers to advancis.com,Inc, a US corporation located at 2911 Turtle Creek Blvd, Ste 300 Dallas Texas 75219 USA
“ReadyWeb Responsive Web Site”, also referred to thereafter as “ReadyWeb site”, “Responsive Web Site”, refers to the feature(s), application(s) and collection of web pages as described in section entitled “ReadyWeb Package” of this site.
“Page” refers to a letter-size document featuring copy no smaller than 9px and line-height no smaller than 10px. Maximum size of a final web page and all linked files (hosted on advancis servers) is 1 MB.
Terms and Conditions
1. In consideration of planning and development of a ReadWeb site, the client and its agency, jointly and severally, will indemnify and hold harmless advancis, its officers, agents, and employees against any and all expenses (including legal fees) and losses resulting from the publication and distribution
of the contents of the site, including, without limitation, claims or suits for libel, violation of right of privacy, copyright infringement, trademark infringement or plagiarism.
Any insertion of a message (text, images, illustrations, logos, slogans, multimedia files, sound, music, video) made by a client or its agency represents an acceptance of all of the terms and conditions of this contract. Any violation of such terms and conditions will result in the immediate termination of this contract. advancis reserves the right to hold client and its agency jointly and severally liable for such monies as are due and payable to advancis. advancis will not be bound by any condition appearing on the client’s or its agency’s contract when such conditions conflict with the regulations set forth in this contract.
2. If client does not make use of initial web page number package allotment, he or she may add remaining pages to the ReadyWeb site at a later date but no later than 12 months from the date of contract without incurring additional charges. Unused pages can also be used to replace existing pages within the said 12 month-period at no additional charges.
3. Client may not use ReadyWeb Site or its code as templates to create responsive web sites for other organizations. Client may however use the code to create, on its own, additional pages for its own site(s).
4. At the end of the free hosting period, client is free to host ReadyWeb site on another company’s servers. However, client is advised that some features, such as RSS feed for shared links or contact form, may not be operational if new servers do not support appropriate technologies. advancis is not liable for porting the ReadyWeb site or its features to other technological environment and servers. If client chooses to transfer ReadyWeb site to another server before the end of the free hosting period included in package, if any, client understands that it will not receive a credit or refund for unused hosting time on advancis servers.
5. In the event of cancellation of the project, written acceptance must be provided by advancis to confirm cancellation. Client understands that it may incur cancellation charges which will be determined based on amount of work produced at date of cancellation. Cancellation of an order does not relieve advertiser/ agency of any obligations to pay fees accrued prior to such cancellation.
6. advancis is not liable for delays in delivery and/or non-delivery of all or any portion of the promotional message in the event of an Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation, communication or power interruption of any kind, denial of service attacks, work slow- down or any condition beyond the control of advancis affecting production or delivery in any manner.
7. If payment is not made in a timely manner, advancis at its option, may immediately terminate the contract. In addition, client and its agency shall be liable to advancis for all attorney’s fees and other costs of collection. Interest will accrue on any past due amounts at the rate of one and one-half (1 1/2%) percent per month, but not in excess of the lawful maximum. advancis shall have the right to hold the client and/ or its agency or agent jointly and severally liable for all amounts due.
8. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE READYWEB SITE PROVIDED BY ADVANCIS HEREUNDER (SERVICES) ARE PROVIDED AS IS AND AS AVAILABLE. ADVANCIS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES OR ANY OTHER ITEMS OR SERVICES IT MAY PROVIDE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADVANCIS DOES NOT WARRANT THAT THE READYWEB SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR COSTS, SUFFERED BY THE OTHER, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOSS OF USE OR GOODWILL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Under no circumstances (including failures to publish and display, or errors in, contracted advertisements) will ADVANCIS or any ADVANCIS affiliated entities or Websites be liable to client, its advertising agency, or any other person for any indirect, special, or consequential damages, including impaired reputation; for delays or cancellations due to causes beyond the control of ADVANCIS; or for any damages in excess of the actual fees paid by the advertiser for SERVICES hereunder, regardless of the cause of action (including negligence) and even if the ADVANCIS Entity was advised that such damages might occur. ADVANCIS MAKES NO GUARANTEE AS TO THE RESULTS CLIENT WILL OBTAIN BY USING THE READYWEB SITE AS A MARKETING TOOL. ADVANCIS MAKES NO GUARANTEE AS TO THE POSITION CLIENT’S READYWEB SITE WILL ATTAIN IN THE SEARCH ENGINE INDEXES.
9. LIMITED WARRANTY. ADVANCIS WARRANTS TO YOU THAT THE READYWEB SITE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS DEFINED IN THIS CONTRACT FOR THE NINETY DAY (90) DAY PERIOD FOLLOWING THE LAUNCH OF SAID READYWEB SITE. IF SAID READYWEB SITE DOES NOT PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION, THE ENTIRE AND EXCLUSIVE LIABILITY AND REMEDY WILL BE LIMITED TO EITHER, AT ADVANCIS’S OPTION, THE REPLACEMENT OF SAID READYWEB SITE OR THE REFUND OF THE FEE YOU PAID FOR THE READYWEB SITE. QUESTIONS REGARDING THE WARRANTY AND WARRANTY CLAIMS SHOULD BE SENT TO THE CUSTOMER SERVICE DEPARTMENT AT CUSTOMER_SERVICE@ADVANCIS. COM
10. This contract does not entitle you to copyrights to the ReadyWeb logo or name or the generic code that make up the pages. The contract does represent a transfer of ownership of said ReadyWeb assets.
11. Client understands that final quality of images, icons and graphics used on their ReadyWeb site will depend on the quality of the content (source images) submitted to advancis. High-density or Retina-ready graphics require source images of a resolution of twice the normal 72 dots per inch resolution. Lower resolutions of source images may yield to less than optimal high-density images.
12. “Modern browsers” and “modern web browsers” refer to the current version of Chrome browser (desktop and mobile), Safari (desktop and mobile), FireFox (desktop) on day client and advancis enter into a contract, in other words, when the day the order is placed.
13. Client understands that advancis will build ReadyWeb site but will not market or promote said ReadyWeb site on its behalf. Search Engine Optimization does not include submission to search engines. It covers the preparation of the pages of the ReadyWeb site to facilitate indexing by search engines.
14. Client will receive, by email, default Google Analytics Dashboards every week or every month depending on his or her own preferences.
The laws of United States of America govern this contract. You hereby consent to the jurisdiction of and venue in courts located in Dallas, Texas, USA in all disputes arising out of or relating to this Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against advancis.
This contract cannot be sold, assigned or transferred by client/agency to any party. If any portion of the contract is found unenforceable for any reason, the remainder will remain in full force and effect. No waiver by advancis shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; advancis will not be bound by the representations of any agents, brokers, employee or other third parties. Any modifications must be in writing and signed by an authorized representative of advancis.
The terms and conditions of this contract become effective when you submit your ReadyWeb Responsive Web Site order form electronically, by mail or wire/fax/phone. The date of receipt of order becomes the effective date of your contract.