Terms & Conditions

DEFINITION OF TERMS

  • NORTHSET
    • Northset, LLC, a Limited Liability Company, located in Columbia, South Carolina 29229.
  • CLIENT
    • Any individual, company, LLC or other entity utilizing the services of NORTHSET.
  • CONTRACT
    • An agreement made between NORTHSET and CLIENT, whether written or by email or fax.

STANDARD TERMS OF AGREEMENT

  1. Authorization
    1. A CLIENT engages NORTHSET as an independent contractor for a specific project either in writing or via email. When necessary, CLIENT authorizes NORTHSET to access their ISP account, and authorizes the ISP to provide NORTHSET with any necessary "write permission" for the CLIENT’s Web page directory, and any other directories or programs which need to be accessed for this project. If NORTHSET arranges for hosting of CLIENT'S Web site on a third-party server, CLIENT authorizes NORTHSET to modify CLIENT's Web site as requested by CLIENT. The CLIENT also authorizes NORTHSET to publicize their completed Web site to Web search engines as well as other Web directories and indexes.
  2. Warranties
    1. NORTHSET represents and warrants to CLIENT that it has the experience and ability to perform the services required in any agreed upon CONTRACT; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of any CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT’s satisfaction.
    2. CLIENT represents and warrants to NORTHSET that it will provide NORTHSET materials as required in a professional, competent and timely manner; that it has the power to enter into this Agreement on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.
  3. Standard Products and Services
    1. WEB SITE DEVELOPMENT: Unless otherwise stipulated in the CONTRACT, the standard Web site development as defined through NORTHSET is as follows:
      1. E-mail/phone consultation. (Initial planning/development consultation is free)
      2. Any additional education and consultation is at our hourly rate of $30.00.
      3. Text. Final text shall be supplied by CLIENT.
      4. Installation of Web pages on NORTHSET's third-party server or CLIENT’s ISP host computer.
      5. For NORTHSET customizations, unlimited drafts and revisions are permitted up until the final approval of the site. If the site is not hosted through NORTHSET's third-party host server, further revisions will be billed at the normal hourly rate of $30.00.
    2. WEB HOSTING: Unless otherwise stipulated in the CONTRACT, the standard Web site hosting as defined through NORTHSET is as follows:
      1. As an Internet World Wide Web service provider, NORTHSET provides a third-party server computer that is integrated into the Internet. This server computer will send and receive information as related to the World Wide Web. NORTHSET will be connected to and utilize hardware and software facilities to establish an Internet Web site.
      2. Included in the Web site hosting package is optional Web-based email service in which CLIENT can choose to use a new email address or create a forwarding address to have email forwarded to CLIENT's existing email address. Additionally included is a Web-based password-protected email application for sending & receiving emails.
      3. Domain name search and advice. If a domain name is needed for the Web site, NORTHSET may suggest appropriate names and assist CLIENT by searching to ascertain the availability of those names. The determination of a domain name’s availability does NOT guarantee it will be still available at the time of registration.
      4. Domain name registration or transfer. If needed, NORTHSET will assist CLIENT to complete the necessary forms to register or transfer a domain name as selected by the CLIENT. Although NORTHSET will submit forms to register a requested domain name in a timely fashion, NORTHSET does not guarantee the availability of any domain name.
      5. If CLIENT wishes NORTHSET to maintain the domain name records through NORTHSET’s registry, NORTHSET will use NORTHSET’s contact information for Admin and Technical contact. This does not indicate that NORTHSET has any ownership rights to the domain name. As long as the name is paid for by the CLIENT, it is owned by the CLIENT (or other stipulated parties), and upon written request by CLIENT will be relinquished to CLIENT at any time. Upon non-payment of domain name for a period of 60 days, CLIENT relinquishes any ownership of domain name and said domain name may be used by NORTHSET in any manner deemed appropriate by NORTHSET.
      6. The sending of spam, or Unsolicited Bulk Email (UBE), is not permitted on accounts hosted by NORTHSET. Violation is grounds for immediate termination of hosting service.
      7. Web site hosting includes features and restrictions as found in this document which may be updated from time to time.
      8. Domain name ownership runs as stipulated from the beginning of the contract for a period of twelve months known as annually, at which time it will be automatically renewed for each subsequent year under the same agreement and cost set forth in these terms. Non-payment of hosting fees are grounds for disconnection of services until such time that payment in full has been made.
    3. UPDATES, REPAIRS & MAINTENANCE:
      1. Any agreed upon work by NORTHSET to update, repair, or maintain a site not created by NORTHSET will be assessed at the hourly rate of $30.00 unless otherwise stipulated in the CONTRACT.
  4. Payment
    1. All services agreed to by CONTRACT shall be sold for the specified prices or otherwise at the normal hourly rate of $30.00. Payment shall be by cash, check (please specify on check the month that payment is for), or money order, in US dollars, and made payable to “NORTHSET, LLC”.
  5. Payment Terms
    1. Unless otherwise stated in the CONTRACT, the following standard terms apply.
      1. CUSTOM WEB DESIGN:
        A deposit of $300.00 is required to commence work. The domain name will then be purchased, and CLIENT can view progress of the site's construction at that address. Typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. The Web hosting time frame begins when the initial deposit is made and the site is put online.
      2. WEB HOSTING:
        Web hosting is paid monthly as specified, in advance unless otherwise stipulated in the CONTRACT. Invoices are sent out 30 days before the end of the hosting term. Renewal of hosting agreement is automatic unless CLIENT stipulates an end date in writing. No refund is available for unused hosting terms.
      3. DOMAIN NAMES:
        Domain name registration is paid annually in advance unless otherwise stipulated in CONTRACT. The cost of the initial domain name purchase is included in the initial deposit, though renewal fees are added to the monthly hosting fee. Renewal of a domain name is automatic unless CLIENT stipulates an end date in writing. No refund is available for renewed domain names. CLIENT is the owner of the domain name, while NORTHSET is the contact for billing, technical, and administration purposes. One domain name purchase is included in the initial fee. Any additional domain name purchases will be paid for by CLIENT.
      4. UPDATES, REPAIRS, & MAINTENANCE:
        Updates, Repairs, & Maintenance work is covered in a monthly fee of $50.00 if site is created and hosted by NORTHSET through a third-party server. Otherwise, if other terms have not been agreed upon, time spent will be tracked by NORTHSET and an invoice at the normal hourly rate of $30.00 will be submitted to CLIENT for payment within 30 days.
  6. Completion
    1. NORTHSET and the CLIENT must work together to complete any agreed upon CONTRACT in a timely manner. Much of this depends on receiving the appropriate images and text from the CLIENT. Both parties agree to work expeditiously to complete any CONTRACT in a professional and timely fashion.
  7. Assignment of Project
    1. NORTHSET reserves the right to assign subcontractors to any project to insure the right fit for the job as well as on-time completion. NORTHSET will be responsible for the final results of the project.
  8. Copyrights and Trademarks
    1. The CLIENT represents to NORTHSET and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to NORTHSET for inclusion in Web pages 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, and defend NORTHSET and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
  9. Age
    1. CLIENT must be at least 18 years of age.
  10. Limited Liability
    1. CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, fraudulant material, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
    2. CLIENT hereby agrees to indemnify and hold harmless NORTHSET from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless NORTHSET in any claim resulting from the submission of illegal materials.
    3. If NORTHSET shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against NORTHSET, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by NORTHSET for any reason.
    4. Under no circumstances, including negligence, shall NORTHSET, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use NORTHSET’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to NORTHSET’s records, programs or services. CLIENT maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on NORTHSET’s services.
    5. Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses and causes of actions whether in CONTRACT, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which CLIENT paid during the term of the CONTRACT and any reasonable attorney’s fee and court costs.
  11. Indemnification
    1. CLIENT agrees that it shall defend, indemnify, save and hold NORTHSET harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against NORTHSET, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sole by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless NORTHSET against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with NORTHSET’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold on a Web site.
  12. Laws Affecting Electronic Commerce
    1. The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend NORTHSET and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.
  13. Copyright to Web Pages
    1. Copyright to any finished assembled work produced by NORTHSET is owned by NORTHSET until final payment of $300.00 deposit is made. Upon payment in full, NORTHSET relinquishes copyright of the design, graphics, and text contained in the finished assembled Web site that are owned by NORTHSET.
    2. Materials not owned by NORTHSET remain the property of their respective owners.
    3. Rights to photos and graphics not used in the finished product as well as source code, work-up files, and computer programs are specifically not transferred to the CLIENT.
    4. Unless otherwise stipulated, NORTHSET and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
  14. Authorship Credit
    1. CLIENT allows NORTHSET to display a logo and link on the bottom of their Web pages establishing authorship credit. This byline is upon agreement by both CLIENT and NORTHSET and must be removed at any time upon written request by NORTHSET.
  15. Non-Disclosure
    1. NORTHSET, its employees and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever.
  16. Cancellation
    1. In the event that work is postponed or cancelled at the request of the CLIENT by registered letter, NORTHSET shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under any CONTRACT. If additional payment is due, this shall be payable within 30 days of the CLIENT’s notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by NORTHSET and NORTHSET shall own all rights to the Work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
  17. Arbitration
    1. Any disputes in excess of $1,000.00 (or the maximum limit for small claims court) arising out of any CONTRACT shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of NORTHSET.
  18. Payment of Fees
    1. In order for NORTHSET to remain in business, payments must be made promptly. Invoices and receipts will be sent electronically via email when possible. Invoices are due upon receipt and no later than the last day of of the month. Delinquent bills are any amounts not paid before that time. CLIENT will receive a warning early the following month if the previous month's hosting and maintenance payment is not made. NORTHSET reserves the right to remove Web pages from viewing on the Internet until final payment is made, though all efforts will be made by NORTHSET to avoid such action. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. Regardless of the place of agreement of any CONTRACT, the CLIENT agrees that for purposes of venue, any CONTRACT was entered into in Richland County, South Carolina, and any dispute will be litigated or arbitrated in Richland County, South Carolina. Please pay on time.
  19. Entire Understanding
    1. Any CONTRACT constitutes the sole agreement between NORTHSET and the CLIENT regarding its Web Design, Hosting, or other services. It becomes effective only when agreed upon by both parties. Any CONTRACT shall be governed and construed in accordance with the laws of the State of South Carolina. The parties agree that if any part, term, or provision of any CONTRACT shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.
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