|GLOBAL POLICIES - APPLICABLE TO ALL SERVICES|
Effective: August 4, 2011
Today: September 17, 2021
THIS IS A CONTRACT
This Contract is composed of the Project Quote and all Terms and Conditions related to the services provided by WebSlingers Web Development, and constitutes the sole agreement between WebSlingers Web Development and the Client regarding this project.
Any additional work not specified in this Contract or any other amendment or modification to this Contract must be made by a written/faxed/e-mailed request and explicitly agreed to by both the Client and WebSlingers Web Development.
By making payment(s) for work and other services, the Client hereby agree to the terms, conditions and stipulations of this Contract on behalf of his or her organization or business.
This Contract constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
INTERNET METHOD OF AGREEMENT
We offer online signup forms whereby you can create your account and send us the information necessary to initiate your services. By selecting the "I AGREE" option on the signup form, you signify that you understand and agree to the Terms that apply to your selected service(s). This is an established and legally accepted method of creating a business relationship online, and will be enforced accordingly.
The Client agrees that for purposes of venue, this Contract was entered into in Grand Haven, Ottawa County, Michigan. Any dispute will be litigated or arbitrated in Grand Haven, Ottawa County, Michigan, and the Client hereby consents to the personal jurisdiction of the Michigan State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.
Notwithstanding anything to the contrary contained in this Contract, neither WebSlingers Web Development nor any of its employees, agents or assigns, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Development Project is with the Client.
In no event will WebSlingers Web Development be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, or any other circumstances beyond the reasonable control of WebSlingers Web Development
In no event will WebSlingers Web Development be liable to the Client or any third party for any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Development Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if WebSlingers Web Development has been advised of the possibility of such damages.
If any part of this Contract is voided by any court, the rest of the Contract remains in full force and effect.
WEBSLINGERS WEB DEVELOPMENT'S RIGHT TO DAMAGES
WebSlingers Web Development reserves the right to collect damages (software, hardware and man-hours) if any harm is done to WebSlingers Web Development which requires repair or reconfiguration of any kind. This includes, and is not limited to, responding to complaints from misuse of the Internet via spamming and other violations of Contract terms. We will charge for these costs and have a full legal right to collect.
Nothing contained in these policies shall be construed to limit action WebSlingers Web Development may take or remedies available to WebSlingers Web Development in any way with respect to any of the described conduct. WebSlingers Web Development reserves the right to take any additional actions WebSlingers Web Development may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the WebSlingers Web Development service, and levying cancellation charges to cover WebSlingers Web Development's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, WebSlingers Web Development reserves at all times all rights and remedies available with respect to such conduct at law or in equity.
Non-enforcement of any policy or rule herein does not constitute consent or waiver, and WebSlingers Web Development reserves the right to enforce such policy or rule at its sole discretion.
WEBSLINGERS WEB DEVELOPMENT'S RIGHT TO CHANGE SERVICE
WebSlingers Web Development reserves to right to change, at any time and without notice, the WebSlingers Web Development service, including, but not limited to, access procedures, hours of operation, menu structures, commands, products, pricing, features, statistics, documentation, vendors, source and speed of Internet connection and services offered.
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