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 CustomizedCorp PO BOX 2826 Santa
Maria,
CA 93457 (805)
717-1833


 Did you know that our monthly web site maintenance plan will
help to keep your web site current all year long? There is nothing
more frustrating than an outdated site! Ask us how you can keep your
site current today!


 Email Marketing is a very effective way of getting
traffic to your site! We do email marketing as a part of the WEB!PAQ
Maintenance plan. Ask us about it.


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Agreements and
Disclaimers
NOT ALL
CONDITIONS APPLY TO WEB-AD CUSTOMERS
This is a legal agreement between
purchaser and Customized Corp and it's affiliates, subsidiaries, hereby
referred to as Customized Corp.com.
Read this Agreement carefully
before ordering any website or WEB-AD
Package.
By ordering a
Website or WEB-AD Package, you acknowledge that you have read and accept
the terms of this Agreement.
NOTE: Websites and
WEB-AD are meant to enhance your current business and should
NOT be solely relied upon as the business itself. We do not
advocate the practice of an 'internet business' without a 'physical
business', nor are we responsible should your website fail to meet your
financial/business growth expectations.
CustomizedCorp.com and Customized Web Services retain the rights to all
website and web ad designs for a minimum period of two years. The
customer agrees to a minimum service period of six (6) months - if at
the end of six months, the customer chooses to cancel the services, a
fee of not less than Five Hundred Dollars ($500.00) and no more than One
Thousand Dollars ($1,000.00) will be due before the website contents are
released. At the end of two years from the date the site is first
uploaded to the internet, the customer may request the contents of the
website. An administrative fee of Seventy-Five Dollars ($75.00) will be
due in advance of the release/transfer.
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Contract Initiation, Contract
Completion, Size Agreement for WEB!PAQ Complete Website Template
Package, Payment and Refund Policy, Graphics/Content Agreement,
and Web Site Completion times Contract Initiation: The contract between
the purchaser and Customized Corp begins when down payment is received
and cleared by the respective bank. See payment information
below.
Contract Completion: We will FTP
your completed site to your server at your chosen hosting
company after your final approval on our private ftp space and payment
to us is made and cleared. After the site has been
transferred to your hosting company and additional services are
not ordered, the contract between you, the purchaser, and Customized
Corp is complete.
Size of Website Package:
Your chosen website or WEB-AD includes 2 or more pages. Your
Index/WEB-AD page, a CONTACT INFORMATION, and additional
pages that you may use for content. The initial cost of the
site includes number of pages as described in your pricing sheet
and/or Contract Agreement, however, you may purchase additional
pages by contacting us
directly.
Payment: Payment to
Customized Corp will be made by Money Order, Visa/MC through PAYPAL
(www.paypal.com), Personal Check, or Business Check.
Once your check, money order, or paypal transaction clears,
we will begin your website.
We typically take 50%
down and the other 50% when your site is completed and you have
given your final approval. Once you have given 'final approval' and
mailed us your check and it has cleared, we will post your new
website to your server.
Should you fail to send us the final payment, we
reserve the right to delete your site from our servers and keep the
down payment for the time we spent creating your site, regardless of the
number of billable hours spent in the construction process. You
will NOT be entitled to a refund.
Refund Policy: Due
to the nature of the goods for sale (web sites) and the possibility of
copying the files directly from the internet, once your site has been
transferred to the server at your hosting company or final approval has
been made, there will be no refunds. If you have initiated the
process of having your website built (ordered and sent us content), and
it has NOT been transferred to the website, you will receive the initial
purchase price minus the rate of $45.00 per hour for work in progress
that has been completed.
Example1: We've
spent 2 hours on your site after receiving your order and the content
from you then you decide you've changed your mind. We are
entitled to keep $90.00 of the purchase price for our labor prior to
transferring your site to your server because we've spent 2 billable
hours working towards completion. You would then receive your down
payment minus $90.00.
Example2: You paid us 50% down and
signed off on your completed site. Before we post your new site
to the internet, we expect to receive the remaining 50% payment
for services rendered. If you signed off and did
not complete our agreement by sending us the remaining 50%, we are
entitled to keep the down payment for services rendered and you will NOT
receive a refund--regardless of how many billable hours we have spent on
your template package.
Completion Time: The
typical time it takes to complete your site once all content is in
our possession, and hosting is set up, is approximately seven to
ten (7-10) days.
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Our Obligation to Creation
of Content/Graphics Production: You will provide us with the
content (graphics, navigation button names, font type, applicable
logo, and pictures) for all pages that we will use to construct your
website.
We are NOT obligated to create your content or
your graphics unless we are contracted to do so in a separate
agreement.
We may choose to modify your graphics to
fit your template, or modify any mistakes in grammar/spelling/formatting
of the content at our discretion. We will notify you if this
should occur and give you the opportunity to say yes or no before we
make the changes on your behalf.
Please check
your content and graphics carefully for errors before sending them to
us!
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Copyrighted Material and
Content Information:
Customized Corp will obtain the content, graphics, navigation button
names, font type you prefer, and applicable logo for your site
from you. What you give to us for content, font type, graphics,
and logo are of your choosing and should not legally belong to someone
else. Your content will be obtained via the order form provided
once your template is chosen. You may cut and paste from a word
processing program into the order form provided. We will add
your original content to the html pages you request when
ordering.
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Copyright Use By Purchaser
Disclaimer: We are not
held responsible or liable in any way for the damages
caused to a third party or to you, the purchaser, if you give us
previously copyrighted materials. Your content should be
'original', it is the law, or you should seek specific permission to use
the copyrighted materials. You, the purchaser, are responsible for
damages caused if you provide us copyrighted graphics, logos, or any
information to use for your website that does not legally belong to
you.
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Contact Page Use by Purchaser
and Information Use By Purchaser Disclaimer: Your CONTACT page includes
information you wish to collect from your visitors. If you
are planning to 'sell names' or use these names in conjunction with
advertising, you must obtain permission from the visitor before
surrendering their name to a third party or using it for your marketing
purposes. If you choose to 'sell names', by law you are required
to state so on the contact page. If you decide to 'sell
names':
Customized Corp is NOT liable for any damages caused by
you or a third party as a result of this practice.
Customized
Corp will not be responsible or held liable for how you handle the
information collected or what you do with it.
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Template
Agreement: Template
Choices: you, the purchaser, have the right to browse our inventory
and choose the color scheme which closely mirrors your
business/organizations colors. Once you choose, and place your
order, you may not change the template under the initial
agreement. You will have the option to change the template later
should the need arise, for an additional fee. Please choose
carefully the first time to avoid future
problems/delays/expense.
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Hosting
Agreement: If hosting your site with us
you agree to read the agreement found at the following internet
addess http://www.customizedcorp.com/agreement_hosting.htm
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Maintenance
Agreement: The initial
WEB!PAQ Website Template Package does not include on-going maintenance
and upgrades. For an additional fee of 24.95 per month, payable
quarterly, paid directly to Customized Corp, you are entitled to text
and picture upgrades once per month provided they are in the proper
format. This maintenance agreement does not include a new template
every month, it only includes text and picture modifications of the
existing template site. Due to varying formats on text and
graphics/pictures from site to site, you will be notified individually
as to the specific format for your site after your initial site has been
developed.
Search Engine Submission
Agreement: For an additional
fee, we will submit your site to the major search engines so that you may
be found. This is in no way a guarantee that you will be in the 'top
10' on the search engine listing under your keywords. Varying search
engine internal guidelines along with competition's/ your
optimization of your pages, may dictate where you end up in the
listings. We are not responsible for your position in the search
engine and make no promises, guarantees, or statements as to your
position. No company can guarantee your position.
Optimization of your Website
Agreement: Because search
engines base their listings on keywords and content working together, it
is imperative that your content and keywords work together to create a
higher standing. You may have our content manager optimize your
pages for maximal effect and ratings in the search engines. For an
additional fee Customized Corp will optimize your site to help you
obtain higher rankings in the search engine. We are not responsible
for your position in the search engine and make no promises, guarantees,
or statements as to your position. No company can guarantee your
position.
License Agreement as it
Pertains to WHO may use our templates and how many copies may be
distributed
You may use the
images contained in the Design Package to decorate or adorn only one web
site on the World Wide Web. You may not redistribute the WEB!PAQ Web Site
Package or any image contained therein as clipart, web art or for
any purpose except as permitted by this
Agreement.
Copyright Agreement as it Pertains to
WEB!PAQ Complete Website Template Packages and from Customized Corp and
who 'owns' the look, feel, and html code of the template
The WEB!PAQ Web Site Package
and the designs contained in the package are and will remain copyrighted
by Customized Corp and protected by United States copyright laws
and International Treaty provisions. None of the installed material may
ever be distributed, in original or modified form, for commercial
purposes or your profit.
Except as permitted herein, no
part of the WEB!PAQ Web Site Package or any image contained therein may be
reproduced or transmitted in any form or by any means, including
electronic, mechanical, photocopying, and recording, without the prior
written consent of Customized Corp
Other Restrictions:
You may not rent or lease the WEB!PAQ Web Site Package or any images
contained therein. You may not reverse engineer, decompile, or disassemble
the WEB!PAQ Web Site Package except to the extent that the foregoing
restriction is expressly prohibited by applicable law.
WEB-AD is a trademark of
CustomizedWebServices.com - an affiliate of
CustomizedCorp.com
Termination Agreement if someone breaks the
Agreements between Customized Corp and Purchaser.
Customized Corp may terminate this
agreement if you fail to comply with the terms and condition of this
Agreement. If this agreement is terminated, you must destroy all copies of
the WEB!PAQ Web Site Package and remove any of the images from any website
or hosting computer.
Limited Warranty
Agreement
Customized Corp warrants
that the Design Package is free from defects in materials and workmanship
for a period of ninety (90) days from the date of delivery. If
Customized Corp receives notification within the warranty period (90 days
from date of purchase) of defects in material or workmanship, Customized
Corp will replace the defective file(s) with the same WEB!PAQ
Complete Website you originally purchased.
The entire
liability of Customized Corp and your exclusive remedy shall be
limited to replacement of the defective files. This Limited Warranty is
void if failure of the WEB!PAQ Web Site Package has resulted from
accident, neglect, abuse, or misapplication.
Note to Clients Seeking
Re-Designed Websites:
We are NOT responsible for
perceived damages as a result of your web re-design project. You
have created the content and graphics for your site and YOU signed off on
your 'new site' before it went to your .com. We are only responsible for
file defects and will replace the 'bad or damaged' files for up to 90 days
after your website is posted to your server.
No Liability For
Consequential Damages
To the extent permitted by
applicable law, in no event shall Customized Corp be liable for any
damages whatsoever (including without limitation, damages for loss of
Business Profits, Business Interruption, Loss of Business Information, or
any other pecuniary loss) arising out of the use of or inability to
use the Design Package, even if Customized Corp has been advised of
the possibility of such damages.
Each site is built based on your
content and graphics. We post it to the internet and do not
guarantee that you will gain additional business from your website.
The point of having a website is to enhance your current business and
therefore, no one should rely solely on a website for business
purposes. We are NOT liable if your website does not meet your
financial expectations or business growth expectations.
I, the below signed individual,
understand and agree to the terms set forth in the agreement
above.
Client____________________________________
Digital
Signature:__________________________________________
Date:___________________
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