Page Title

TERMS OF AGREEMENT

1.        Definition of Terms
  MBCINFOSERVICES: MBC Info Services, a Sole Proprietorship, located at P.O.Box 3854., Gardena, Ca.
90247
  CLIENT:
  ISP: MBC Info Services
  CONTRACT: This agreement and its attachment(s) as listed below.
  ATTACHMENT(s): “Website design worksheet” and “Payment Schedule”
2.        Authorization
  The above named CLIENT is engaging MBCINFOSERVICES, as an independent contractor for the
specific project of developing and/or improving a World Wide website to be installed on
MBCINFOSERVICES web hosting space provided by Yahoo Inc. The CLIENT authorizes
MBCINFOSERVICES to publicize their completed website to Web search engines, as well as other Web
directories and indexes if applicable.
3.        Warranties
  MBCINFOSERVICES represents and warrants to the CLIENT that it has the experience and ability to
perform the services required by this 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 this 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.
  The CLIENT represents and warrants to MBCINFOSERVICES that it will provide CLIENT 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.
4.        Standard Website Products and Website Hosting Services
The standard website development as defined through MBCINFOSERVICES is as follows:
•        E-mail/phone consultation. (Initial planning/development consultation is free)
•        Up to 2 hours total general Internet orientation, education, marketing strategy, and Web design
consultation. Telephone long distance charges are in addition to rates quoted. Additional education and
consultation is at our hourly rate of $50.00.
•        Up to 4 web pages if non ECommerce, for example a homepage, services page, about us page,
contact page. Up to web pages if Ecommerce, for example a homepage, services page, about us page,
contact page, and a products page.
•        Text. Final text shall be supplied by the CLIENT (200 words per page approximate maximum if not
supplied via diskette. Web pages of more than 1,200 words of text may be subject to additional fees for
increased formatting time.)
•        Links. Up to an average of 2.5 external links per page, and an e-mail response link on each web
page to any e-mail address the CLIENT designates.
•        Custom Graphics. Company logo or other top-of-page graphic, bullets, lines, colored or textured
background as well as two photos or graphics per page is included.
Beyond the two photos or graphics per page, an extra charge will apply for scanning services,
photography, and graphic design and modification.
•        The cost* of Website design is $349.00. Installation of Web pages on the MBC Info Services web
hosting site will be charge at rate of $24.95 for 4 a page web site per month and $34.95 for a 5 page
ecommerce site per month. Charges will be debited through an EFT Transfer process. Contract will
remain in force for one year at which time CLIENT can cancel in writing to MBCInfoServices at P.O.Box
3854 Gardena,Ca. 90247 or Email at Cancel.MBCInfoServices.com. If CLIENT do not cancel contract,
contract will automatically renew for another year and continue for each consecutive year until canceled by
CLIENT. CLIENT agrees that WebSite’s created by MBCInfoservice can only be active on MBCInfoservices
Web Hosting site and if canceled or no payment is received MBCInfoServices reserves the right to
disconnect and cancel services, maintaining website on MBCInfoservice’s Hosting site in an inactive
status. Upon receipt of payment website will become active on MBCInfoServices Hosting site under the
same conditions of the previous contract.
•        A maximum of two revisions will be included to the draft website at no extra cost to create the look
and feel that is desired. Further revisions will be billed at the normal hourly rate of $50.00.
•        Minor updates and changes to existing Web pages for 2 weeks from completion of website (includes
up to a half-hour per page total, subject to the limits outlined below).
•        At no time does MBCINFOSERVICES promise or imply that we guarantee CLIENT’s website a
certain rating in the search engines.
The standard website hosting as defined through MBCINFOSERVICES is as follows:
•        As an Internet World Wide Web service provider, MBCINFOSERVICES provides a dedicated server
computer through “Yahoo Inc”. That is integrated into the Internet. This server computer will send and
receive information as related to the World Wide Web. The CLIENT will be connected to and utilize the
hardware and software facilities of MBCINFOSERVICES to establish an Internet web site.
•        Domain name search and advice. If a domain name is needed for the website, MBCINFOSERVICES
will suggest appropriate names and do a search to ascertain the availability of those names. The
determination of a domain name’s availability through the domain name registration group “Yahoo.Inc”,
does not guarantee it will be still available at the time of registration.
•        Domain name registration or transfer. If needed, MBCINFOSERVICES will complete the necessary
forms to register or transfer a domain name as selected by the CLIENT. Although MBCINFOSERVICES
will submit forms to register a requested domain name in a timely fashion, MBCINFOSERVICES does not
guarantee the availability of any domain name.
•        The sending of spam, or Unsolicited Bulk Email (UBE) is not permitted on accounts hosted by
MBCINFOSERVICES.
•        Website hosting runs from the beginning of this contract for a period of one year at which time it will
be automatically renewed under the same agreement and cost set forth in this contract.
1.        Fees.
  MBCINFOSERVICES will execute this website design as specified by the CLIENT requirements as
terms of this CONTRACT to and incorporated in this CONTRACT. Unless specified otherwise in the
ATTACHMENT, this website includes up to six Web pages. In case the CLIENT desires additional
standard Web pages beyond the original number of pages specified, the CLIENT agrees to pay
MBCINFOSERVICES an additional $100.00 for each additional Web page. Graphics or photos beyond the
allowed average of one per Web page shall be billed at an additional $20.00 each. Where custom graphic
work (beyond the scope of the "Custom Graphics" detailed above) is requested, it will be billed at the
hourly rate of $50.00.
2.        Maintenance.
  This CONTRACT does not include our maintenance contract. Client agrees that Web site is received
complete and As Is. If a maintenance service agreement is entered into between MBCINFOSERVICES
and the CLIENT, it will be contained within its own document and not connected to this CONTRACT.
However, this CONTRACT does include minor modifications and corrections requested within a two-week
period up to an average of one hour per page, including updating links and making minor changes to a
sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with
new text. If the CLIENT or an agent other than MBCINFOSERVICES attempts to update the CLIENT’s
pages MBCInfoServices reserves the right to cancel all services.
3.        Payment.
  All services agreed to in this CONTRACT, shall be sold for the price specified at the end of this
document. Any services provided by MBC Info Services not including web hosting fees, payment shall be
by cash, check, or money order, in US dollars, and made payable to “MBC Info Services” /. Hosting fees
must be received through EFT check debiting processing.
4.        Payment Terms.
  Unless otherwise stated in the “Payment” document attached to this agreement, the following standard
terms apply. A minimum deposit of fifty percent (50%) of the design cost and the total amount of hosting is
required to commence work. The site will then be put online on a draft directory of the CLIENT’s ISP or of
MBCINFOSERVICES for the CLIENT’s viewing. During this proofing stage, typographical errors, design
changes, and other corrections will be made according to the instructions of the CLIENT. The yearly web
hosting timeframe begins when the initial deposit is made and the draft site is put on-line. Payment for
the site must be made in full before the site will be moved to the main directory of MBCInfoService’s ISP.
Marketing of the site in the top ten search engines and directories will occur only after the final payment is
made.
5.        Completion Date.
  MBCINFOSERVICES and the CLIENT must work together to complete the website in a timely manner.
Much of this depends on receiving the appropriate images and text from the CLIENT. We agree to work
expeditiously to complete the website in a professional and timely fashion.
6.        Assignment of Project.
  MBCINFOSERVICES reserves the right to assign subcontractors to this project to insure the right fit for
the job as well as on-time completion. MBCINFOSERVICES will be responsible for the final results of the
project.
7.        Additional Expenses.
  Client agrees to reimburse MBCINFOSERVICES for any additional expenses necessary for the
completion of the work. Examples would be purchase of special fonts, stock photography etc.
8.        Additional Services.
  Any revisions, additions or redesign CLIENT wishes MBCINFOSERVICES to perform not specified in
this document shall be considered "additional" and will require a separate Agreement and payment.
9.        Copyrights and Trademarks.
  The CLIENT represents to MBCINFOSERVICES and unconditionally guarantees that any elements of
text, graphics, photos, designs, trademarks, or other artwork furnished to MBCINFOSERVICES 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 MBCINFOSERVICES
and its subcontractors from any claim or suit arising from the use of such elements furnished by the
CLIENT.
10.        Age.
  Client certifies that he or she is at least 18 years of age.
11.        Limited Liability.
  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, computer viruses,
any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and
any infringement of privacy or libel.
  CLIENT hereby agrees to indemnify and hold harmless MBCINFOSERVICES from any claim resulting
from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and
hold harmless MBCINFOSERVICES in any claim resulting from the submission of illegal materials.
  If MBCINFOSERVICES 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 MBCINFOSERVICES, 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
MBCINFOSERVICES for any reason.
  Under no circumstances, including negligence, shall MBCINFOSERVICES, 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 MBCINFOSERVICES’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 MBCINFOSERVICES’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 MBCINFOSERVICES’s services.
  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 this CONTRACT and any reasonable attorney’s fee and
court costs.
12.        Indemnification.
  CLIENT agrees that it shall defend, indemnify, save and hold MBCINFOSERVICES harmless from any
and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities")
asserted against MBCINFOSERVICES, 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 sold by
CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless
MBCINFOSERVICES against Liabilities arising out of any injury to person or property caused by any
products or services sold or otherwise distributed in connection with MBCINFOSERVICES’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 in the Web Design.
13.        Laws Affecting Electronic Commerce.
  The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and
tariffs, and will hold harmless, protect, and defend MBCINFOSERVICES and its subcontractors from any
claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.
14.        Copyright to Web Pages.
  Copyright to the finished assembled work of Web pages produced by MBCINFOSERVICES is owned by
MBCINFOSERVICES. 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. MBCINFOSERVICES and its subcontractors
retain the right to display graphics and other Web design elements as examples of their work in their
respective portfolios.
15.        Authorship Credit.
  Client may select that MBCINFOSERVICES includes a byline and link on the bottom of their Web Page
establishing authorship credit. This byline is upon agreement by both CLIENT and MBCINFOSERVICES
and must be removed at any time upon written request by MBCINFOSERVICES.
16.        Non-Disclosure.
  MBCINFOSERVICES, 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.

17.        Cancellation.
  In the event that work is postponed or cancelled at the request of the Client by registered letter,
MBCINFOSERVICES shall have the right to bill pro rata for work completed through the date of that
request, while reserving all rights under this CONTRACT. If additional payment is due, this shall be
payable within thirty days of the Client’s
  Notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by
MBCINFOSERVICES and MBCINFOSERVICES shall own all rights to the Work. The Client shall assume
responsibility for all collection of legal fees necessitated by default in payment.
18.        Refund Policy.
  If the CLIENT applies by a registered letter for a refund within 15 days of signing this CONTRACT, work
already completed shall be billed at the hourly rate of $50.00 and deducted from the initial payment. If the
work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be
liable to pay for all work completed at the hourly rate of $50.00.
19.        Arbitration.
  Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this
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 MBCINFOSERVICES.
20.        Payment of Fees.
  In order for MBCINFOSERVICES to remain in business, payments must be made promptly. Invoices are
due upon receipt. Delinquent bills will be assessed a $15.00 charge if payment is not received within 10
days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty
will be added for each month of delinquency. MBCINFOSERVICES reserves the right to remove Web
pages from viewing on the Internet until final payment is made. In case collection proves necessary, the
CLIENT agrees to pay all fees incurred by that process. This CONTRACT becomes effective only when
signed by MBCINFOSERVICES. Regardless of the place of signing of this CONTRACT, the CLIENT
agrees that for purposes of venue, this CONTRACT was entered into in

  Los Angeles County, Ca, and any dispute will be litigated or arbitrated in Los Angeles County, Ca.
Please pay on time.

21.        Entire Understanding.
This CONTRACT constitutes the sole agreement between MBCINFOSERVICES and the Client regarding
its Web Design Service. It becomes effective only when signed by both parties. This CONTRACT shall be
governed and construed in accordance with the laws of the State of California. The parties agree that if
any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling
law, the validity of the remaining provisions shall not be affected thereby.

MBCInfoServices

"Quality Has No Finish Line"