Terms and Conditions
Term: This contract is in effect for the term
of one year (12 months) from the date signed by Member below,
unless otherwise
stated in this contract and initialed by Member and WLT representative.
The term shall include the number of payments outlined in the
contract. Any delinquent payments or unpaid balance at the end
of 12 months
shall continue to be billed until paid in full. The term of this
agreement shall automatically renew at the 1-year anniversary
of this agreement, unless written notice of intent not to renew
is given by either party not less than 30 days prior to the end
of any term.
Thirty-day Guarantee: If Member is not completely
satisfied, Member may cancel contract within 30 days from date
of signed
contract. The cancellation must be in writing sent by mail,
fax, or other form as prescribed. The cancellation must be received
on or before the 30th day after the contract is signed.
Early
Termination: After first 30 days, Member must pay $250 or the
remaining payment(s), whichever is less, to
terminate
the contract early. Early termination fees shall apply if
the Member’s account falls more than 60 days past due.
Unless other arrangements are made, Member agrees to pay the
full
termination fee immediately upon date of termination using
the billing method
selected below.
Additonal Fees: A $30 fee, plus all applicable
bank charges shall be applied to all returned checks and to
all bank drafts
that fail due to non-sufficient funds. All payments received
5 or more days after the date due shall incur a late fee
of $10.00. Amounts past due by 30 days shall be subject
to finance
charges
of 18% APR with a minimum finance charge of $0.50. All
accounts past due more than 60 days shall result in the removal
of
the Member’s website from the World Wide Web and in
all of Member’s products or services being removed
from welovetexas.com. All accounts past due more than 90
days shall be turned over
to a collection agency.
Binding Contract and Payment Agreement: This is a binding contract
between WE LOVE TEXAS Web Solutions, hereby referred to as WLT,
and the undersigned, hereby referred to as Member. Member may
include one or more individuals or business entities as listed
in this contract and as outlined by any applicable laws. This
contract entitles Member to all rights and responsibilities as
outlined herein.
Website Content and Design: All WLT websites
are designed according to the specifications outlined by WLT.
Wrangler, True Texan,
and Big Tex Members must choose a layout, custom colors, and
website items made available to them by WLT at the time of
this contract. Websites do not include the addition of any animated
GIFs, Flash, Video, or other non-HTML programming. By signing
this contract, Member agrees to comply with the terms outlined
herein and to accept any limitations of WLT responsibilities
as set forth in this agreement. All WLT member sites shall
have
a small WE LOVE TEXAS link at the bottom of the home page informing
viewers that the site is a part of the WLT network.
Website
Maintenance: All website maintenance will be performed
according to the WLT Update Policy. Updates in excess of 20
changes shall be submitted with a 2-week notice. Members
whose account
is not in good standing shall not have any maintenance performed
by WLT until the account is brought into good standing. See
WLT Update Policy for more details.
Content Submission: Member
agrees to supply all text and
graphical content to WLT in the form of e-mail, photo disk,
floppy disk,
Zip100® disk, CD or any other format acceptable to
and readable by WLT. Suggested graphics formats include
JPEG,
GIF, TIF, Adobe
Photoshop® or any other file types acceptable to and
readable by WLT. Responsibility for file readability rests
solely upon
Member. Responsibility for completing the required information
and providing the required information rests solely upon
Member. Member is responsible for supplying all necessary
website content
to WLT within seven (7) days of signing this contract.
Additional charges for typing and/or scanning member’s
content may apply. After 21 days from signing, all content
submitted
will
be considered an update.
Referral Program: Member shall
receive one free month of website services as outlined
in this contract for each
new business
or individual that purchases a WLT package as a result
of referral by Member. In order to receive due credit for
a
referral, Member
is responsible for making available his/her Member name
and Member
number to any newly-referred member.
Domain Name: Member
shall receive one free standard domain registration/renewal
each year. (Standard domain include
those ending in .com, .net,
and .org.) The domain name shall remain the property
of Member. Additional domain names are subject to additional
fees. Member
is entitled to a renewal with each successive contract
period. Domains of Members whose account are not in good
standing
shall not be renewed or transferred until the account
is brought
into good standing.
Hosting: Member shall have unlimited
e-mail addresses with hosting account. Each e-mail address
is limited
to 10 MB
of storage on
the server. You agree not to post, upload or transmit
to WLT’s
Sites or to WLT’s servers any communications,
text, graphics or other information (collectively, “Material”)
that:
- is obscene, fraudulent, indecent, discourteous,
racially offensive, or abusive; defames, abuses,
harasses or threatens
others;
- contains any viruses, Trojan horses, worms, time bombs, cancelbots,
or other disabling devices or other harmful component
intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information;
- advocates or encourages any illegal activity; infringes upon
the copyright, patent, trademark, trade secret, publicity
right or other intellectual property or proprietary right of any third
party;
- violates the privacy of individuals, including
other users of the Sites;
- or violates any applicable local,
state, national, or international law.
WLT, at its sole discretion, shall determine
your compliance with the foregoing guidelines and
reserves the right
to delete from the Site or Server without prior
notice any
material
that it deems to be non-complying or otherwise
objectionable for
any reason. WLT may take any action with respect
to the Material if WLT believes, at its sole
discretion, that
the Material
may
create liability for itself or any third parties
or
may cause WLT to lose (in whole or in part)
the services of its ISPs,
vendors or advertisers. WLT has the right to
refuse hosting
of websites
that do not meet WLT’s requirements.
Disclaimer
And Limitation Of Liability: WLT makes no warranty,
representation or guaranty
that
use of the
sites, the services
or the information shall be uninterrupted,
secure, virus-free or error-free. WLT cannot
be held
responsible for any
events that transpire through use of our services.
Notwithstanding any provision of these conditions
to the contrary, WLT’s total liability to Member is limited to $100. Some
states do not allow the foregoing limitations of liability, so
they may not apply to Member. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply
to Member. This warranty gives Member specific legal rights and
Member also may have other legal rights which vary from state
to state.
The parties agree that they shall use their
best efforts to amicably resolve any dispute
arising
out of or relating
to
this Agreement.
Any dispute that cannot be resolved amicably
shall be settled by final binding arbitration
in accordance
with
the rules
of the American Arbitration Association
and judgment upon the
award rendered by the arbitrator or arbitrators
may be entered in any
court having jurisdiction thereof. Any
such arbitration shall be conducted in Erath County,
or such other
place as may
be mutually agreed upon by the parties.
Within fifteen (15) days
after the
commencement of the arbitration, each party
shall select one person to act as arbitrator,
and the
two arbitrators
so selected
shall select a third arbitrator within
ten (10) days of their appointment. Each party
shall bear
its own
costs and expenses
and an equal share of the arbitrator’s expenses and administrative
fees of arbitration.
Entering your payment information indicates
the acceptance of this contract as a binding contract between
WLT and Member.
Member agrees
that
he/she
fully understands his/her rights and
responsibilities as outlined in
this agreement. Member also agrees to
any terms and conditions outlined herein regarding
payment
for
membership and
any and all business transactions that
Member incurs with WLT.
Changes
made to this agreement must be indicated
in writing with initials of each party.
Any and
all specific
terms and
conditions noted
within this contract take precedence
over terms and conditions outlined in the WLT
website
or Membership Booklet. All
sales, special offers, and discounts
apply to the contract on the
date the contract begins. |