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NET GENERATIONS DESIGN CUSTOMER AGREEMENT

Domain: ( ______________________ )

By and between Net Generations Design, a California Corporation Net Generations Design,

and

(__________________), with its place of business for the purpose of this agreement at ( _______________ ), United States of America ("Customer"). In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

1. DEFINITIONS:
A. "Plans" means proposals for offering various services to be provided by Net Generations Design, as listed online at: http://www.netgenerations.com/webhosting.asp "Plans" does not include the use of Net Generations Design's trademark.

B. "Customer" means an end user who is utilizing
services provided by Net Generations Design.

2. PRICES
A. All prices for Plans provided by Net Generations Design to Customer are US dollars.

B. Customer shall be responsible for paying all taxes of any nature which become due with regard to Net Generations Design services, except for taxes on Net Generations Design's income, irrespective of which party may be responsible for reporting or collecting such taxes.

3. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by Net Generations Design. An order will be deemed accepted by Net Generations Design when written confirmation of the order is sent to Customer. Net Generations Design may refuse to accept any order, or delay acceptance pending fulfillment of conditions Net Generations Design may choose to impose. Such refusal or such conditions may not be unreasonable, however, and Net Generations Design agrees to provide Customer with reasonable notice via Email or fax of any intent to delay or decline the acceptance of any order.

B. Payment and Terms: Payment shall be made in US dollars to Net Generations Design into the account designated by Net Generations Design, or as may otherwise be agreed in writing by the parties. Payments< are due upon account activation and future renewal. If due to bank charges, transfer fees, or the like, Net Generations Design should receive less than its invoice amount, Net Generations Design will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by Net Generations Design within thirty (30) days after activation and renewal, Net Generations Design may impose a debt service charge amounting to one percent (1%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In the event that any amount remains unpaid thirty (30) days after presentation of invoice, Net Generations Design may discontinue, withhold, or suspend services to Customer and/or its customer(s) to whom such unpaid amounts relate.

4. DUTIES OF Net Generations Design
Net Generations Design will acquire, or request an Internet Domain Name (only from the US InterNIC) on behalf of the Customer. In Such case the Customer hereby must waive in writing prior to acquisition of said domain name, any and all claims which it may have against Net Generations Design 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 services by Net Generations Design for any reason. Any costs of Net Generations Design in obtaining or maintaining a domain name for Customer or its customers shall be immediately reimbursed to Net Generations Design upon invoice from Net Generations Design Customer.

5. RULES AND REGULATIONS
Net Generations Design may impose reasonable rules and regulations regarding the use of its services from time to time. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.

6. LIMITATION OF Net Generations Design's OBLIGATIONS AND LIABILITY
A. Net Generations Design will utilize its best efforts to maintain acceptable performance of services contracted for services, but Net Generations Design makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of a particular purpose. Net Generations Design cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Net Generations Design will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Net Generations Design shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Net Generations Design.

B. Net Generations Design may discontinue servicing any Plan, or may require fulfillment of conditions Net Generations Design may choose to impose as a prerequisite for continuing to service any Plan. Such discontinuation or requirement may not be unreasonable, however, and Net Generations Design agrees to provide Customer with reasonable notice via Email or fax of any such intent to discontinue or impose conditions.

C. Services provided by Net Generations Design to Customer shall be deemed accepted for all purposes thirty days after activation or renewal for such services, if no written claim or objection regarding such services has been received by Net Generations Design within the 30-day period. No claim related to such accepted services shall be raised.

D. Net Generations Design's liability to Customer, and any end user of any Plan or other Net Generations Design services is limited to the amount paid to and received by Net Generations Design for services not accepted. In no event shall Net Generations Design be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Net Generations Design has been advised of the possibility of such damage.

E. Customer will take all necessary measures to preclude Net Generations Design from being made a party to any lawsuit or claim regarding Net Generations Design services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless
On Call Computer Supply from any and all claims of whatever nature brought by any of Customer's customers against Net Generations Design in excess of the remedy set forth in paragraph 7(D).

7. RELATIONSHIP OF THE PARTIES
The relationship between Net Generations Design and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchisers/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of Net Generations Design, on in any other way legally bind Net Generations Design in any fashion, nor shall Customer be authorized to make any representations about Net Generations Design or its services other than to set forth Net Generations Design's responsibilities as outlined in this agreement.

8. DISPUTES
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 7 shall be subject arbitration upon written demand of either party. Arbitration shall take place in Los Angeles, California, or at another location if the parties so agree. The arbitration shall take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's compensation. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide< the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the others costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators shall not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision shall be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

9. TERM, TERMINATION:
This agreement shall run in accordance with the term of the initial order. It shall be automatically renewed on a regular< basis in accordance with the term of the initial order or subsequent change to that term unless terminated in one of the following ways:

A. By customer, by notifying Net Generations Design in writing twenty (20) days prior to renewal of this agreement.

B. By Net Generations Design, upon thirty (30) days' written notice, if Customer breaches any material and substantial provision of this agreement and has not cured by the end of the 30 days.

C. By Net Generations Design, upon sixty (60) days' written notice, if

1. Net Generations Design provides Customer with written
notice of the specific reasons for its belief in this regard, and

2. Customer has not cured by the end of the 60 days.

D. By Net Generations Design, immediately upon giving written notice to Customer, in the event that

1. Any bank draft or check delivered by Customer to Net Generations Design in payment for Products is returned unpaid and Customer fails to remedy such nonpayment within five business days;

2. Customer becomes more than sixty (60) days in arrears in payment of its account with Net Generations Design;

3. There are instituted bankruptcy or insolvency proceedings against Customer, which are not vacated within sixty (60) days from the date of filing;

4. Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; or

5. Customer makes an assignment of all or part of its assets for the benefit of creditors.

E. By Net Generations Design immediately, if Customer attempts to< assign all or any part of this Agreement without Net Generations Design's prior written approval;

F. by Net Generations Design immediately, if Customer fails to inform Net Generations Design in writing immediately on the happening of any event specified in this section;

to Net Generations Design, if

1. There are instituted bankruptcy or insolvency proceedings against Net Generations Design, which are not vacated within< sixty (60) days from the date of filing;

2. Net Generations Design institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency.

3. Net Generations Design makes an assignment of all or part of its assets for the benefit of creditors; or

4. Net Generations Design fails to inform Customer in writing immediately on the happening of any event specified in this section.

The provisions of paragraph survive any termination of this agreement.

10. NON ASSIGNABILITY
Customer's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of Net Generations Design, which consent shall not be unreasonably refused.

11. PARTIAL INVALIDITY
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions< shall nevertheless remain in full force and effect. Net Generations Design and Customer agree to renegotiate in good faith and term held invalid and to be bound by mutually agreed substitute provision.

12. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by Net Generations Design in California. It is to be governed by an construed under the laws of the State of California and the United States of America. The federal and sate courts of the Sate of California shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of California, and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Net Generations Design. To the extent permissible by the law Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

13. NOTICES
Except with respect of service of process as set forth in paragraph 12, all notices may be sent by email, fax or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

14. ENTIRE AGREEMENT;MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Net Generations Design may make changes to this agreement upon thirty (30) day's written notice to Customer, advising of the change and the effective date thereof. Utilization of Net Generations Design services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.

 

I agree to these terms and conditions::

Customer:________________________

Date: ________________________

 

Net Generations Design

Signature:______________________

Date: ________________________