EFRco Web Hosting
Omaha, NE 68104
www.efrco.com
efrcowebhosting@hotmail.com
EFRco Web Hosting
This Agreement is made this date, 20**, between company hiring, having its principal place of business at
and EFRco inc, having its principal place of business at
Omaha, NE
In consideration of Client retaining EFRco to conduct an independent
study for Client, it is agreed as follows:
Compensation and Term
Client hereby retains EFRco and hereby agrees to perform
the following services: Consulting services of EFRco as required by
Client, through . EFRco will at various times perform
services at Client's headquarters, at other Client facilities, or at
Efrco facilities, as directed by Client. Efrco will perform the
services at various times and for various durations as directed by Client.
The following fees shall apply:
$** Setup and domain fee
$** per month for services that are performed
Discounts
All discounts will be taken at the first payment cycle and will
continue through the course of
the contract unless payments stop or become past due.
Efrco may include fees and charges to past due accounts.
EFRco shall provide detailed invoices and shall maintain, and provide,
upon request, backup documentation for a period of one year from the date
of the respective invoices. Client shall make full payment for services within fifteen
days of invoice. If EFRco brings a legal action to collect any sums
due under this Agreement, it shall be entitled to collect, in addition to all
damages, its costs of collection, including reasonable attorney's fees.
This Agreement shall commence on the date stated above, and shall remain in
effect until all obligations under this Agreement have been properly completed.
Either party to this Agreement may terminate this Agreement with or without
cause by providing at least seven days written notice to the other party.
Parties hiring EFRco will have the option of paying for 6 full months in advance.
Parties hiring EFRco will have the option of paying for 12 full months in advance.
Parties paying 6 months in advance will receive one(1) month of service at no cost.
Parties paying 12 months in advance will receive two(2) months of service at no cost.
Price increases
EFRco price structure will adjust every calendar year at the rate of 3% increasing
on the month of the start of the contract.
Warranties by EFRco
EFRco represents and warrants to Client that it has the experience and
ability to perform the services required by this Agreement; that it will perform
said services in a professional, competent and timely manner; that it has the
power to enter into and perform this Agreement; and that its performance of this
Agreement 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.
Independent Contractor
EFRco acknowledges that the services rendered under this Agreement
shall be solely as an independent contractor. EFRco shall not enter
into any contract or commitment on behalf of Client. EFRco further
acknowledges that it is not considered an affiliate or subsidiary of Client, and
is not entitled to any Client employment rights or benefits. It is expressly
understood that this undertaking is not a joint venture.
Confidentiality
EFRco recognizes and acknowledges that this Agreement creates a
confidential relationship between EFRco and Client and that information
concerning Client's business affairs, customers, vendors, finances, properties,
methods of operation, computer programs, and documentation, and other such
information, whether written, oral, or otherwise, is confidential in nature.
All such information concerning Client is hereinafter collectively referred to
as "Confidential Information."
Non-Disclosure
EFRco agrees that, except as directed by Client, it will not at any
time during or after the term of this Agreement disclose any Confidential
Information to any person whatsoever and that upon the termination of this
Agreement it will turn over to Client all documents, papers, and other matter in
its possession or control that relate to Client. EFRco further agrees
to bind its employees and subcontractors to the terms and conditions of this
Agreement.
Grant
EFRco agrees that its work product produced in the performance of this
Agreement shall remain the exclusive property of Client, and that it will not
sell, transfer, publish, disclose or otherwise make the work product available
to third parties without Client's prior written consent. Any rights granted to
Efrco under this Agreement shall not affect Client's exclusive
ownership of the work product.
Conflict of Interest
EFRco shall not offer or give a gratuity of any type to any Client
employee or agent.
Governing Law
This Agreement shall be construed and enforced in accordance with the laws of
the State of Nebraska, County of Douglas.
Efrco does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will Efrco be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if Efrco has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed serviceable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyright to the finished assembled work of webpages produced by Efrco is owned by Efrco. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Efrco and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Entire Agreement and Notice
This Agreement contains the entire understanding of the parties and may not be
amended without the specific written consent of both parties. Any notice given
under this Agreement shall be sufficient if it is in writing and if sent by
certified or registered mail.
IN WITNESS WHEREOF, Client and EFRco have duly executed this Agreement
as of the day and year first above written.
EFRco Client
Name: Name:
Title: Title:
Date: Date: