1. Authorization. The above-named Client (hereinafter referred to as “Client”) is engaging Inside Real Estate for the specific purpose of designing a Website, herein after referred to as “Website”, to be published on the Internet. The Client also authorizes Inside Real Estate to submit the completed Website Project to major Web Search Engines. 2. Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Inside Real Estate for inclusion in the Website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Inside Real Estate, its employees and subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
3. Completion Date. Inside Real Estate and the Client must work together to complete the Website Project in a timely manner. If the Client does not supply Inside Real Estate with complete text and graphics content for this Website Project within 45 days of the effective date of this agreement, Inside Real Estate reserves teh right to publish the website as a finished and complete project, and Client agrees that no further setup or changes are expected. Inside Real Estate will connect the Client to the Client’s MLS through accepted IDX methods. Additional fees may apply depending on the MLS and agreements. Any additional incurred fees for connection to a Client’s MLS will pass through from Inside Real Estate to the Client.
4. Project Delivery. The final web site design project will be published to Inside Real Estate’s service upon final completion of the website. The Client understands that Inside Real Estate will provide hosting services in connection with this Website Project.
5. Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Website Project or any other services contemplated herein, and will hold harmless, protect, and defend Inside Real Estate and its employees or contractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
6. Website Project Copyright. Copyright to the finished website design, layout and other design-based elements and special functionality produced by Inside Real Estate will be owned by Inside Real Estate. The Client will be assigned rights to use the Website Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. Inside Real Estate, its employees and subcontractors retain the ownership, copyright, and distribution rights to themes, templates, designs and any other products of the Company’s work; and retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. However, we do not claim copyright to Client supplied content or media, and we do not guarantee or will not be held liable for Client generated or uploaded content on the website. For more details on Inside Real Estates DMCA policy please visit our website page at: http://inside-real-estate.com/dmca/
7. Payments. Initial payment must be made in order for Inside Real Estate to commence work on Website Project. After the completion of the project, all regular ongoing payments will be automatically billed on a monthly basis according to the billing information provided above. Client agrees that, due to the nature of the Inside Real Estate Services and Products, all setup and ongoing fees are due under this agreement regardless of Client’s amount of use of the product or service. Inside Real Estate reserves the right to remove any Website Project from viewing on the Internet if billing is delinquent. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. All payments will be made in U.S. Dollars.
8. Term The term of this agreement begins on the date above and will continue for the period of 1 (one) year. Upon completion of this one year term, this contract will renew for 1 (one) year periods unless Client gives a 30 day cancellation notice in writing to Inside Real Estate.
9. Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither Inside Real Estate nor any of its employees or contractors, warrants that the functions contained in the Website Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Website Project is with the Client. In no event will Inside Real Estate be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Website 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 Inside Real Estate has been advised of the possibility of such damages.
10. This Agreement. This agreement constitutes the sole agreement between Inside Real Estate and the Client regarding this Website Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Inside Real Estate. The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
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