This site is operated by Simple Source Solutions, LLC, a Limited Liability Company formed under the laws of the State of Georgia.
- Content. All content on this site is the property of Simple Source Solutions and is protected by U.S. and international law, including, but not limited to all graphics, code and software incorporated into, used on, or offered via this site, service and trade marks, including but not limited to “Simple Source Solutions”, “GetSimple”, “getsimple.net” and/or trade dress. You may not reproduce any portion of the site without the express written permission of Simple Source Solutions. Simple Source Solutions does not consider page caching that is performed automatically by your browser to be a violation of this provision.
- Account. If you establish an account with Simple Source Solutions, you are responsible for the confidentiality of your account and password. You agree to be responsible for any activity occurring under your account by any person using your password. Only an adult (18 years of age or older) may purchase products and services from Simple Source Solutions. You must keep your account information current. Simple Source Solutions may terminate your account at any time in its sole discretion.
- No Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF APPLICABLE LAW REQUIRES A WARRANTY, THE REQUIRED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM YOUR FIRST USE OF THE SITE.
- Limitation of Liability. UNLESS AND TO THE EXTENT APPLICABLE LAW PROHIBITS THIS LIMITATION, SIMPLE SOURCE SOLUTIONS IS NOT LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, ANY E-MAIL SENT BY SIMPLE SOURCE SOLUTIONS, OR YOUR PURCHASE OF OR USE OF A PRODUCT OR SERVICE OFFERED VIA THE SITE, EVEN IF SIMPLE SOURCE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS AND TO THE EXTENT APPLICABLE LAW PROHIBITS THIS LIMITATION, SIMPLE SOURCE SOLUTIONS’S LIABILITY FOR ANY CLAIM RELATED TO YOUR USE OF THE SITE OR ANY E-MAIL SENT BY SIMPLE SOURCE SOLUTIONS, OR YOUR PURCHASE OF OR USE OF A PRODUCT OR SERVICE OFFERED VIA THE SITE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE, OR U.S. $5.00.
This Web Hosting Agreement (this “Agreement”) is between Simple Source Solutions, LLC, a Limited Liability Company formed under the laws of the State of Georgia with its principal mailing address at 4813 Ridge Rd #111-50, Douglasville, GA 30134 and the person (individual or legal person) who signs and/or pays for via Simple Source Solutions’s service order form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Simple Source Solutions’s hosting service.
- Services. Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Simple Source Solutions’s credit approval requirements, Simple Source Solutions agrees to provide the web hosting services described in the Order for the fees stated in the Order.
- Term. The initial service term of the Agreement shall begin on the date that Simple Source Solutions generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the period of time stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless Simple Source Solutions or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term”.
- Fees. Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, quarterly, semi-annually, or annually and/or as indicated on the Order, beginning on the Service Commencement Date. Simple Source Solutions may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Simple Source Solutions to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Simple Source Solutions will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 21st day following invoice date, but in no event earlier than the first day of each billing cycle.Payments must be made in United States dollars. Customer is responsible for providing Simple Source Solutions with changes to billing information (such as credit card expiration, change in billing address). Simple Source Solutions does not provide refunds and/or partial refunds for recurring services paid for in advance. If you are transferring your domain to another host, we are not responsible for loss of email, data, or service interruption that may come as a result of the transfer. Simple Source Solutions may charge interest on overdue amounts at the greater rate of 10% or $5 per month, or the maximum non-usurious rate under applicable law. Simple Source Solutions may suspend the service upon seven (7) days notice if Customer is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Simple Source Solutions’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Simple Source Solutions’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs. You agree that we can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. Simple Source Solutions will not honor limiting notations you make on or with your checks. Simple Source Solutions may charge you up to $29 for any returned check, depending on applicable law.
- Fee Increases. Simple Source Solutions may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
- Taxes. At Simple Source Solutions’s request Customer shall remit to Simple Source Solutions all sales tax imposed on the provision of the services (but not in the nature of an income tax on Simple Source Solutions), regardless of whether Simple Source Solutions fails to collect the tax at the time the related services are provided.
- Early Termination. Customer acknowledges that Simple Source Solutions may terminate this Agreement at any time if Customer violates this Agreement or the Acceptable Use Policy (The “AUP”), which is hereby incorporated by reference in this Agreement. Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Simple Source Solutions terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Simple Source Solutions’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
- Law/AUP. Customer agrees to use the service in compliance with applicable law and the AUP. Customer agrees that Simple Source Solutions may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Simple Source Solutions’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Simple Source Solutions’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Simple Source Solutions and Customer regarding the interpretation of the AUP, Simple Source Solutions’s commercially reasonable interpretation of the AUP shall govern.
- Customer Information. Customer represents and warrants to Simple Source Solutions that the information he, she or it has provided and will provide to Simple Source Solutions for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Simple Source Solutions that he or she is at least 18 years of age. Simple Source Solutions may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contact.
- Indemnification. Customer agrees to defend, indemnify and hold harmless Simple Source Solutions, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
- Disclaimer of Warranties. Simple Source Solutions DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW SIMPLE SOURCE SOLUTIONS DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
- Limitation of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF SIMPLE SOURCE SOLUTIONS AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR INTERACTIONS WITH END USERS OF CUSTOMER’S SITE OR SERVICE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, CUSTOMER HEREBY RELEASES Simple Source Solutions FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF AN END USER, ANY ACTION OR INACTION BY AND END USER, INCLUDING END USER’S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY END USER.
- Suspension of Service. Customer agrees that Simple Source Solutions may suspend or terminate services to Customer without notice and without liability if: (i) Simple Source Solutions reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Simple Source Solutions reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Simple Source Solutions’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
- Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Simple Source Solutions fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Simple Source Solutions prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon fifteen (15) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Simple Source Solutions describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
- Requests for Customer Information. Customer agrees that Simple Source Solutions may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Simple Source Solutions reasonably and in good faith believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
- Back Up Copy. Customer agrees to maintain a current copy of all content hosted by Simple Source Solutions notwithstanding any agreement by Simple Source Solutions to provide back up services.
- Changes to Simple Source Solutions’s Network. Upgrades and other changes in Simple Source Solutions’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Simple Source Solutions reserves the right to change its network in its commercially reasonable discretion, and Simple Source Solutions shall not be liable for any resulting harm to Customer.
- Notices. Notices to Simple Source Solutions under the Agreement shall be given via the support ticketing system available for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
- Force Majeure. Simple Source Solutions shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Simple Source Solutions’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
- Governing Law/Disputes. The Agreement shall be governed by the laws of the State of Georgia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN PAULDING COUNTY, GEORGIA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
- Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Simple Source Solutions unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Simple Source Solutions’s prior written consent. Simple Source Solutions’s approval for assignment is contingent on the assignee meeting Simple Source Solutions’s credit approval criteria. Simple Source Solutions may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
This Acceptable Use Policy (AUP) governs the use of Simple Source Solutions’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Simple Source Solutions regarding the interpretation of this AUP, Simple Source Solutions’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact us.
- Offensive Content. You may not publish, transmit, or upload via to Simple Source Solutions’s service any content (including Web content, e-mail, bulletin board postings, blogs, chat, and any other type of posting or transmission that relies on any Internet service provided by Simple Source Solutions) that Simple Source Solutions reasonably believes:
- contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, or sexually explicit material
- could give rise to any civil or criminal liability
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- infringes or assists others on infringing on the intellectual property rights of others or on the privacy or publicity rights of others;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- violates or promotes violation of local, state, national, or international laws, including laws pertaining to drugs, export control, gambling, or arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Simple Source Solutions; or
- is otherwise malicious, fraudulent, or may result in retaliation against Simple Source Solutions by offended viewers.; or
- restricts or inhibits any other person from using or enjoying Simple Source Solutions’s service or website, or which, in the judgment of Simple Source Solutions, exposes Simple Source Solutions or any of its customers or suppliers to any liability or detriment of any type.
- Security. You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
- Bulk Commercial E-Mail. You must obtain Simple Source Solutions’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Simple Source Solutions’s reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Simple Source Solutions’s requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at firstname.lastname@example.org“.
- You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You must post an email@example.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have the means to track anonymous complaints;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
- You otherwise comply with the CAN SPAM Act and other applicable law.These policies apply to messages sent using your Simple Source Solutions service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Simple Source Solutions service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.Simple Source Solutions may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
- Unsolicited E-Mail. You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using Simple Source Solutions’s services.
- Material Protected by Copyright. You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.Simple Source Solutions will terminate the service of repeat copyright infringers.
- Copyright Infringement Notice (Digital Millennium Copyright Act). If you believe your copyright is being infringed by a person using the Simple Source Solutions network, please send your written notice of copyright infringement to:Simple Source Solutions, LLC
4813 Ridge Rd
Douglasville, GA 30134Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Simple Source Solutions to locate the material;
- Information reasonably sufficient to permit Simple Source Solutions to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Other. You must have valid and current information on file with your domain name registrar for any domain hosted on the Simple Source Solutions network.
- Disclaimer. Simple Source Solutions is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Simple Source Solutions network.Inquiries regarding this policy should be directed to our general legal deptarment for assistance.
- Internet Abuse. You may not engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Simple Source Solutions and its customers) without express authorization of the owner of the system or network;
- monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the Simple Source Solutions’s network.
- Use of Simple Source Solutions’s network in a way that unreasonably interferes with Simple Source Solutions’s other customers use of the network
- Newsgroup, Chat Forums, Other Networks. You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
- Terms of Our Website Design and Development Agreement. This Website Design and Development Service Agreement begins when you accept. You accept when you do any of the following:
- Give us a written or electronic signature;
- Communicate to us orally or electronically that you accept;
- Open a package that says you are accepting by opening it; or
- Pay any invoice related to website design, development, and/or website maintenance service.WE AGREE: We agree that Simple Source Solutions does not guarantee a final delivery date of a completed website design, development, and/or website maintenance projects, though we will use all commercially reasonable efforts to perform the services requested in an efficient and timely manner.YOU AGREE: You agree to perform all tasks assigned to you as set forth in this Agreement, including the completion of the “Website Design Questionnaire” and to provide any other information requested by Simple Source Solutions contained in the project quote within sixty (60) days of half down payment for said service, without which, work on your project by Simple Source Solutions will not begin. You agree to provide all assistance and cooperation to Us in order to complete your project in a timely and efficiently manner. Simple Source Solutions shall not be deemed in breach of this Agreement, the Services, or any milestone in the event Simple Source Solution’s failure to meet its responsibilities and time schedules is caused by Customer’s failure to meet (or delay in) its responsibilities and time schedules set forth herein, a Change Order, or this Agreement. All subsequent milestones will be adjusted as necessary. If all information requested by Simple Source Solutions is not received for the service ordered within sixty (60) days, your services may be canceled, half down payments may be forfeited, and you may be billed a pro-rata, or progress billing, for all work begun as well as for development resources committed in good faith to the completion of the project.
- Payments. Unless otherwise stated, an initial payment representing half of the quoted total due amount shall be required for work to begin and the remaining half of the total due amount shall be due upon completion of your project before project work is released to Customer.
- Terms of Our Website Design and Development Agreement. This Website Design and Development Service Agreement begins when you accept. You accept when you do any of the following:
- Architecture, Design, and Development. WE AGREE: In performing services under this Agreement, Simple Source Solutions agrees not to design, develop, or provide to Customer any items that infringe one or more patents, copyrights, trademarks or other intellectual property rights (including trade secrets), privacy, or other rights of any person or entity. If Simple Source Solutions becomes aware of any such possible infringement in the course of performing any work hereunder, Simple Source Solutions shall immediately so notify Customer in writing. Simple Source Solutions agrees to indemnify, defend, and hold Customer, its officers, directors, members, employees, representatives, agents, and the like harmless for any such alleged or actual infringement and for any liability, debt, or other obligation arising out of or as a result of or relating to (a) the Agreement, (b) the performance of the Agreement, or (c) the Deliverables, other than Customer’s responsibilities and Customer Content. This indemnification shall include attorney’s fees and expenses, unless Simple Source Solutions defends against the allegations using counsel reasonably acceptable to Customer. Simple Source Solutions’s total liability under this Agreement shall not exceed the amount of the Development Fee derived by Simple Source Solutions under this Agreement.YOU AGREE: Customer shall indemnify and hold harmless Simple Source Solutions (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Simple Source Solutions as a result of any claim, judgment, or adjudication against Simple Source Solutions related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Simple Source Solutions (the “Customer Content”), or (b) a claim that Simple Source Solutions’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Simple Source Solutions must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations. Within site architecture and design, you understand and agree that , under no circumstance, does or will Simple Source Solutions support outdated browsers that we deem to be outdated or undersupported by its developers and/or userbase.
- Warranty. Simple Source Solutions warrants that all completed work, withstanding third party software, is free from defects reported by Customer within sixty (60) days of final payment. Changes to the scope, design, or function of the proposed work by any party after delivery will not be considered as part of this warranty, and, in addition, any change to projected scope, design, or functionality before project delivery may affect the total cost and final delivery date.WE AGREE: We agree that third party software may be employed in development of your website. Third party software is any software used to develop and/or run your website that Simple Source Solutions did not develop or code.YOU AGREE: You agree to hold harmless Simple Source Solutions for errors, data compromises, and/or breaches of security caused by and/or accessed via third party software in use on your website.
- Portfolio Use. Simple Source Solutions reserves the right to make portfolio use of this work, including, but not limited to, project case studies and screen captures.
- Maintenance, Support, Site Changes, & Upgrades
WE AGREE: We agree to provide up to one (1) hour of unscheduled security updates and/or patches to your third party Content Management System (CMS), extensions, and/or plugins per month in conjunction with the paid “Total Website Maintenance Plan” as updates and/or patches for said CMS, extensions, and/or plugins are made readily available by the third party developer. Simple Source Solutions does not guarantee the ability to apply updates and/or patches provided by third party developers. Your maintenance plan does not major updates to your website software that require migration of database information and/or rewriting of code to deliver said updates/patches to your website. All update and/or patches applied to your website are provided “as-is” without warranty.
WE AGREE: We agree to provide website maintenance services at the hourly rate associated with your paid “Website Maintenance Plan”. The hourly rate service provided for website maintenance includes changes to website text, images, and photos as requested by Customer through agreed digital means. Website maintenance services rates do not apply to custom development and/or design work. All website maintenance and upgrades will be performed on a regular basis as deemed necessary by Simple Source Solutions for providing a safe and efficient product to the Customer during the service term.
YOU AGREE: Customer agrees to hold harmless Simple Source Solutions if access to your website is compromised or the site is hacked. In the event of such an occurrence, it is very important that you notify us immediately for your own protection, so that we can suspend your service to prevent further damage. We will work with you in a full investigation, but we are not responsible or liable for any damage, loss of revenue, or theft as a result of such an occurrence.
(Last Updated 7/7/2012)