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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. The charge for returned checks is $25.00.

  9. 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.).

  10. Customers must notify Kmac Web Design of cancellation of their media page 30 days prior to said invoice due date.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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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