Becker Systems
Providing custom solutions since 1988

TERMS AND CONDITIONS
for website design and hosting services

1. TERMS OF PERFORMANCE

• Customer agrees to pay for services performed at the current Per Call rates.
• JCBI reserves the right to perform certain services under this Agreement at a rate different from JCBI's current Per Call rates. JCBI shall notify the customer of any change in rates prior to the performance of such services.
• JCBI reserves the right to perform certain services under this Agreement at a location other than customer's site.
• Customer agrees to pay the minimum service charge.

2. CHARGES/PAYMENT

• Charges will accrue for time spent performing the requested services, including time in transit between the support facility and the customer's site.
• Customer agrees to pay JCBI a minimum service charge.
• Payment is due upon completion of requested services. JCBI may require payment in advance for certain services. If a line of credit is established, payment is due within ten days of billing.

4. SERVICES PROVIDED

• The following services are provided by JCBI under this Agreement: (1) Web Site design and maintenace.
• JCBI may from time to time, add or delete services provided under this Agreement, at its discretion.

5. EXCLUDED SERVICES

• JCBI will not correct deficiencies in the operating environment.
• Services under this Agreement shall not include hardware or software maintenance or repair.

6. ACCESS TO EQUIPMENT

• Customer shall permit JCBI to have full and free access to the Equipment and any machines, attachments, features, or other equipment necessary to provide the specified services, at no charge to JCBI.

7. GENERAL

• This Agreement is the entire agreement between the parties and it supersedes all prior agreements and understandings between the parties concerning the subject matter herein. It may be modified only by written agreement signed by duly authorized representatives of each party.
• This Agreement shall be governed by the laws of the state of Florida.
• The terms and provisions of this Agreement shall prevail over any conflicting, additional, or other terms appearing on any purchase order submitted by customer at any time.

8. LIMITED WARRANTY AND LIMITATION OF LIABILITY

• JCBI agrees to use its 'best efforts' to provide the services required under this Agreement in a prompt manner, but in no event shall JCBI be liable for any damages or liabilities, directly or indirectly caused by failure to properly provide any services under this Agreement, by length of down time or unavailability.
• JCBI SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY JCBI, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION OF SERVICES, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR OPERATION OF THE EQUIPMENT, OR RELIANCE UPON ANY REPRESENTATIONS OR DEMONSTRATIONS BY JCBI CONCERNING SUCH USE OR OPERATION, AND IN NO EVENT SHALL JCBI BE LIABLE FOR LOSS OF PROFITS, OR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT.

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  (c) John C Becker, Inc. - Rev. 12/15/07