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Service Agreement
These terms, conditions and policies details the
services offered by, the responsibilities of, and the liabilities of
Kmac Web Design, herefore referred to as Kmac Web Design. Kmac Web Design. is an
intermediary on-line provider dedicated to offering economical
"Internet" media access to for
informational purposes.
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Kmac Web Design provides a media source to it's customers
and exercises no control whatsoever over the content of any
information given to Kmac Web Design by a customer. Furthermore
Kmac Web Design services are to be used for lawful purposes only and
any attempt of or violation of any US or Federal laws and or
regulations or International laws and/or regulations is expressly
prohibited. This includes copyrighted materials, materials or
communications judged to be threatening or obscene, and material
or communications prohibited by trade secret. Kmac Web Design does not
take any editorial control over any material provided by a
customer and shall therefore deem all information provided by a
customer as lawful and accurate.
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To the maximum extent permitted by applicable law,
Kmac Web Design and its suppliers disclaim all other warranties,
expressed or implied, including, but not limited to implied
warranties of merchantablility or fitness for a particular
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong deliveries and all service interruptions
caused by mechanisms and processes outside of Kmac Web Design
control.
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Kmac Web Design shall strive to maintain exposure for all
customers 24 hours a day, 365 days a year; however Kmac Web Design will
not be responsible for performance of said obligation when delayed
or hindered by war, riots, embargoes, strikes, or acts of
Kmac Web Design's service providers/suppliers, concealed acts of
workmen or accidents or acts of God. Kmac Web Design shall attempt to
notify all customers in the event of any of the above occurrences.
Should such occurrences continue for more than 60 days, Kmac Web Design
or the customer may cancel service for the affected service and or
products with no further liability. Kmac Web Design will give 30 days
notice to any customer of cancellation of said media page
arrangement between Kmac Web Design and the customer, and any remaining
months which have been paid for but not used will be fully
refunded to the customer within 15 working days of said
notification.
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All information and media (i.e., pictures, photos,
brochures) sent to Kmac Web Design for use on the customers media page
shall become a part of the Kmac Web Design's files and copies will
become the ownership of Kmac Web Design and will not be returned to the
customer. Prior arrangements can be made with Kmac Web Design to return
photos if a self-addressed, stamped envelope is provide.
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Customers will be invoiced annually (every 12 months) and
shall have 30-days to make payment or a 2% finance interest charge
will be added monthly to the invoice. The invoice will include 12
months service plus any additional charges set forth in the price
list. Payment is due upon receipt of invoice.
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An unpaid invoice over 30 days old will be
considered delinquent and will automatically cause the account to
be shut off until the account is brought into good standing. If
service is interrupted for non-payment, there will be an account
restoration fee of $ 20.00, payable in advance, in addition to the
over due charges.
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Additional charges and services as shown in the
pricing sheets shall be paid in full prior to the changes or
additions to become effective. These additional charges will be
included in the annual billing.
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The charge for returned checks is $25.00.
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A "Change", as described in the Pricing
plans, constitutes either a verbage or pictorial replacement or
alteration. Customers are responsible for providing said changes
with verbage changes to Kmac Web Design via e-mail, fax or phone
for verbage changes, and appropriate pictures shall be sent via
USPS mail service (Pictures will be returned if self-addressed,
stamped envelope is provided and requested). Customer may not
"build-up" request for changes past specified time periods..
Customer may make arrangements for special circumstances (Sales,
Auctions, etc.).
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Customers must notify Kmac Web Design of cancellation of
their media page 30 days prior to said invoice due date.
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Kmac Web Design reserves the right to cancel any Customer
with 15 days advance written notice by certified mail. Refund of
any monthly assessments shall be refunded to the customer within
10 working days of said cancellation.
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Any dispute which may arise between Kmac Web Design and
any Kmac Web Design customer will be handled according to the laws of
Kansas, U.S.A. In any legal proceedings to enforce this Agreement
the losing party agrees to pay the prevailing party's attorney
fees and costs, at trial and on appeal.
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This Service Agreement constitutes a contract
between Kmac Web Design and each of its customers and shall remain in
effect, along with amendments which shall be added from time to
time, until dissolved by either party. Either party may dissolve
this contract by properly notifying the other party via E-mail,
fax or USPS mail service.
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THESE TERMS AND CONDITIONS HEREBY SUPERSEDE ALL
PREVIOUS REPRESENTATIONS, UNDERSTANDING OR AGREEMENTS AND SHALL
PREVAIL NOTWITHSTANDING ANY VARIANCE WITH TERMS AND CONDITIONS OF
ANY AND ALL ORDERS SUBMITTED.
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Any legal action arising out of failure, malfunction
or defects in Kmac Web Design services shall be brought within a period
of one year from the occurrence or is deemed waived.
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These terms and conditions can be modified from time
to time by Kmac Web Design. This agreement is governed by the
laws of the State of Kansas, and any portions of this agreement
which are found to be illegal shall not invalidate the enforcement
of the remaining contract.
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