This agreement is between YOU the purchaser of the Semi Custom Website (Client) and Adviatech Corporation of 9280 Bay Plaza Blvd Suite 706 Tampa, FL 33619. (CLIENT) will hereby be referred to as “client” and Adviatech Corporation will hereby be referred to as “Adviatech”
1) Summary of Services
Adviatech hereby agrees to perform the list of services, tasks, and deliver the following to the client. Adviatech’s obligations of product and service delivery do not extend beyond this list of services.
a. Website Design Selection
Adviatech will provide designs to client to choose from for clients website. Design structures may not be changed. Changeable items within the “Semi-Custom” design are as follows:
1)Law firm name / logo
5)Menu Button colors
6)Color Schemes with some restriction
Client may not change structure of semi-custom website on aesthetics and content. Some selected layouts may have limitations due to their structure.
b. Browser Compatibility
a. Adviatech will test client’s semi custom web site in Microsoft’s Internet Explorer and Mozilla FireFox for browser compatibility. Browser compatibility is a term that exclusively means a web site looks similar in Internet Explorer as it does in FireFox. Adviatech is not responsible for incompatibilities that may occur in future releases of Internet Explorer and/or FireFox as Adviatech’s testing abilities are limited to the use of existing versions of the aforementioned web browsers. However, upon request, Adviatech can review client's web site for continual compatibility in future web browser releases. Internet Explorer 6 and releases prior to Internet Explorer 6 are not supported. Law firm marketing is evolving and so are browsers.
c. Operating System Compatibility
a. Operating systems may cause differences in how client’s web site is viewed by online visitors. Therefore, Adviatech will test the operating system compatibility of client’s web site by viewing it in Windows XP (or newer), Mac Tiger OS (or newer), and iPod Touch/iPhone.
d. Additional Products/Services
a. Content Management System (installed and design integrated)
b. Contact Form with form to email submissions
c. Integrating up to 20 pages of client provided content
c. Website Development for Domain
Adviatech hereby agrees to perform the services under this agreement exclusively for the domain name, (to be determined) A change of this domain or addition of new domains will not be allowed without a mutually agreed upon amendment to this agreement.
2) Content / Web Content
Unless “Writing of web content for client” is purchased as an addon service, client is hereby responsible for providing textual content to be including in clients web site. Client hereby has full responsibility to deliver content to Adviatech in a timely manner not to exceed 4 weeks from the date represented at the top of this contract. Failure to do so will result in a delayed launch.
If client purchases writing services, Adviatech’s writing team will produce the number of pages purchased (350-500 words per page) within 3 weeks of client expressing approval of web site’s semi-custom design changes. Client has 72 hours or 3 business days to approve textual content created by Adviatech. If client does not request changes or modifications within that timeline or request more time via the trouble ticket helpdesk at http://www.adviatech.com/helpdesk , client hereby expresses approval of presented web content.
3) Programming and Applications
a. Content Management Systems
a. Client will have access to an online control panel which will allow client to make textual content changes to client’s web site. Adviatech will provide all login and access information needed by client to obtain access to client’s control panel to make changes.
a. Adviatech may have to use programs and applications such as but not limited to blog software, database programs, form submission tools, communication applications, and other online software in order to meet the specifications of this project. Client reserves the right to request license information pertaining to software used on client’s web site.
c. Server Environment
a. Adviatech and their technology partners strive to provide a safe hosting environment by monitoring server performance, vulnerabilities, and keeping their servers regularly updated. Adviatech is not responsible for security breaches are the results thereof. Client may ask for a security history from Adviatech at any time.
d.. GNU/GPL Open Source Software
a. Adviatech supports the use of open source software. Software, such as client’s content management system is used under the GNU/GPL license. Client should govern themselves accordingly under the GNU/GPL license as published at http://www.gnu.org/licenses/gpl.html. Adviatech is offering design and implementation services to be integrated on a GNU/GPL platform. Client understands that Adviatech is not selling software or software licenses and GNU/GPL software is free.
4) Billing and Payments
a. Client hereby agrees to pay the total amount of the project purchased (website plus addons) in one non-refundable payment. Making payment is a commencement of this agreement.
Client may pay by valid Visa, MasterCard, or American Express or by business check.
Adviatech holds the option of not performing task, changes, and maintenance on client's web site until payment is made.
Failure to pay monthly hosting fees on time will result in a 25% surcharge on the balance per delinquent 30 days.
b. Client fully understands that the price outlined is the amount to be paid exclusively for the services outlined in section 1.
c. Remaining balances (if any) are due to Adviatech from client immediately upon web site’s launch. Adviatech reserves the right to suspend (or not grant) access to client’s web site, online content, or design until client’s remaining balance is paid.
d. CREDIT CARD TRANSACTIONS WILL PROCESS UNDER *Emarketing Services* Emarketing Services is a DBA wholly owned by Adviatech Corp..
5) Rights of Ownership
a. Adviatech gives a limited license to client to use Semi-Custom design while and after engaged in this agreement. Client may not transfer design to another law firm but may use the design with appropriate link accreditation under this agreement on a hosting provider other than Adviatech after 12 months from the launch date.
b. Textual content and custom graphic elements are to be the property of client only after the full project balance has been paid to Adviatech.
6) Web Site Hosting
Client will be billed $12.95/month for hosting under plan Practitioner with Storage: 100GB, Bandwidth: Unlimited (10GB), Domain Hosting: 1 domain Email Boxes: 20. Client agrees to act accordingly under standard hosting guidelines.
7) Customer Support
A: Support Policy
Adviatech is dedicated to providing quality customer support during the duration of this project. While many aspects of Client’s project will be handled online via the Client Area (http://www.adviatech.com/helpdesk/), Adviatech believes in the importance of communication. Telephone support is often times necessary to clearly communicate project details.
Adviatech provides toll free customer support via the following methods:
1) Tool free phone number 1.800.728.5306.
2) Customer Helpdesk Trouble Ticket Center at http://www.adviatech.com/helpdesk/
3) Online live chat.
4) Email [email protected]
It is the experience of Adviatech that has shown that only designers are qualified to provide design support. In order to keep all of Adviatech’s projects on schedule, Adviatech extends the opportunity to client to schedule phone conversations to discuss project elements between the hours of 8AM and 5PM (EST) Monday through Friday excluding national holidays. Adviatech will gladly conduct conference calls with other individuals in Client’s organization to discuss project elements. Under this agreement, client is entitled to 2 hours of support (email and/or telephone) at no additional charge within 30 days after website is live. Support and modifications (not due to design and programming error) requiring an Adviatech designer and/or programmer will be billed at $90/hour billed at 15 minute increments. Changes and modifications exceeding 4 billable hours will be quoted as upgrades.
Website Hosting support is available by phone and email during regular business hours and 24/7 365.25 days a year via http://www.adviatech.com/helpdesk/
All disputes must be resolved through binding, non-appealable arbitration in the State of Florida with the American Arbitration Association. All agreements are hereby governed under the laws of the State of Florida and the government of the United States of America. Any and all judgments on the award may be entered in any court having jurisdiction thereof and the prevailing party shall be entitled to reimbursement of its fees and costs, including reasonable attorneys’ fees.
It is hereby agreed that Adviatch may stop performing a service if that service becomes reasonably unethical or against the Google guidelines. Adviatech shall be further permitted to add services that improve client’s package.
9) Entire Agreement
This Agreement sets forth the entire agreement between the parties and cancels all prior negotiations, understandings and agreements between the parties with respect to the subject matter hereof. No modification, amendment, waiver, termination or discharge of any provision hereof shall be binding unless confirmed by a written instrument and executed by both parties.
Client’s IP address will be recorded for the online transaction and Client’s acknowledges that the online contract commencement is a binding method of contract signing under the Electronic Signatures in Global and National Commerce Act.