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 The Company | Location | Career Opportunities
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| THIS AGREEMENT
is made and entered between Global Envision Technology, located at 256 Victoria
Avenue,Charlotte, North Carolina 28202, hereinafter referred to as GETech and the
Customer, who wishes to use the services of GETech in accordance with GETech's policies
and standard application
NOW, THEREFORE, in
consideration of the foregoing premises and the mutual covenants hereinafter set forth,
the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service provider, GETech provides Internet web hosting, Web Designs,
and associated services and other Computer and network services.
2. CONDITIONS: The application and this Agreement constitute a legal and binding
contract between GETech and the Customer and does not extend to any other person or
entity. Customer are bound by the terms under this Agreement. Excess resources utilized by
Customer to include data transfer and disk space limits shall be be paid for
by Customer. GETech will bill Customer and Customer shall pay for excess resources used by
Customer. If Customer exceeds the disk spacet limit , GETech will automatically
upgrade customer by adding additional 5 MG at a time until customers demands are met. If
customers prefers to upgrade to the next higher level package, they are
responsible to inform GETech. Cancellations after an application is received and webspace
is setup will still hold the Customer responsible for costs incurred by GETech concerning
the setup of the web space. All cancellations must be made known to GETech at least one
week in advance. Customers are still liable to pay for the month in which
cancellation is made. All cancellations shall be in writing and delivered via postal mail
or facsimile to the support department of GETech. GETech support will have to confirm the
receipt of such cancellation notice for it to be official.
3.
WARRANTIES: With respect to the services to be provided herein, the Customer acknowledges
that GETech makes absolutely no warranties whatsoever,
express or implied. As a result, the Customer agrees that GETech shall not be liable to
the Customer for any claims, damages or loss of profit which may be suffered by the
Customer or any other entity in any respect for direct, indirect, consequential, actual,
or punitive damages arising out of or in relation to the services provided herein,
including, but not limited to, losses or damages resulting from the loss of data as the
result of delays, non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by the
Customer from the utilization of the service to be provided by GETEch is at the Customer's sole and
absolute risk. GETech specifically disclaims and denies any responsibility for the
completeness, accuracy or quality of information obtained through the services to be
provided hereby.
5. DOMAIN NAME: If GETech shall acquire an Internet Domain Name on behalf of the Customer, then in
such case the Customer hereby waives any and all claims which it may have against GETech,
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 GETech for any reason.
6. PAYMENT: The set-up fee and first payment are due not later than 7 days after the
on-line application and Agreement are filled out, and electronically forwarded to GETech.
Subsequent payments are due according to the selected fee schedule following the
establishment of the web space or service on the Internet. Web space and services will be
billed a minimum of one (1) month in advance depending on the selected fee schedule.
Subsequent payments are due on the 5th day of each month as per the selected fee schedule.
In the event that the Customer fails to pay for such services in advance, GETech shall be
entitled to unilaterally terminate this Agreement and discontinue the service until
payment is made.
7. UNILATERAL SERVICE REVOCATION: In the event that GETech may at any time believe that the
service is being utilized for unlawful purposes by the Customer or in contravention with
the terms and provisions herewith, GETech may immediately discontinue such service to the
Customer without liability. This will include failure to pay, adult content and/or
unsolicited email.
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless GETech from any and all loss, cost,
expense, and damage on account of any and all manner of claims, demands, actions, suits,
proceedings, judgements, costs and expenses that may be initiated against GETech and
GETEch's officers, directors, and employees for any service provided to Customer by GETech
to include web space content that violates any copyright, proprietary right of any person,
state and federal regulations, or contains any matter that is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT: GETech reserves the right to make changes to the terms
and conditions of this Agreement at any time, and to the on-line application to include
service pricing, advising of the change and the effective date thereof by publishing it to
the appropriate GETech web site, but with changes in service fees being effective only at
the end of any period for which the Customer has prepaid. Utilization of the service by
the Customer following the effective date of such change shall constitute acceptance by
the Customer of such change(s). Customer is solely responsible for
staying informed with respect to changes in this Agreement, the application, Acceptable
Use Policy and Billing Policy, all of which are published on-line.
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument, the application for web
space and services, GETech's
Acceptable Use Policy , which is
published on GETech's web site, is incorporated by reference and constitute the
entire agreement between the parties, and represents the complete and entire understanding
of the parties with respect to the subject matter of this Agreement.
11.
RELATIONSHIP: The parties hereto are independent entities and nothing contained in this
Agreement shall be construed to constitute Customer an agent, employee, partner,
independent contractor, joint venturer, or any other similar entity.
12. GOVERNING LAW: This Agreement shall be governed by the laws of the State of
North Carolina in the United States of America. Each party agrees that jurisdiction and
venue for any and all claims, disputes or other matters arising out of the services
provided herein and under this Agreement will only lie in Mecklenburg County, North Carolina.
If any action at law or in equity is brought to enforce or interpret the provisions
of this Agreement and services provided herein, the prevailing party in such action shall
be entitled to all reasonable costs to include attorney fees.
13.
ARBITRATION: In the event a dispute or controversy arises out of or relating to this
Agreement, such dispute or controversy (including contentions that a party is in default
in performance of its obligations hereunder, but excluding questions as to the validity
and binding effect of this Agreement, which shall be conclusively presumed) shall be
submitted to arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association, and judgment upon the award may be entered in any court
of competent jurisdiction.
14.
SEVERABILITY: In the event that any term or provision of this Agreement is held by a court
of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for
any reason, the remaining provisions of this Agreement shall remain in full force and
effect.
15.
CONFIDENTIALITY: Customer acknowledges that any information not generally known by or
disclosed to the public to include but not limited to computer programs, source code,
algorithms and inventions are the property of GETech and may not be utilized or released
without the express written permission of GETech.
16.
INTERPRETATION: The format, words and phrases used herein shall have the meaning generally
understood in the Network/Software/Hardware/Internet Industries. This Agreement shall be
construed in accordance with its fair meaning and not against the drafting party.
GETech web
site contains links to third-party web sites. The linked sites are not under the control
of GETech, and GETech is not responsible for the contents of any linked site or any link
contained in a linked site. GETech is providing these links only as a convenience, and the
inclusion of a link does not imply endorsement of the linked site by GETech
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, and in consideration of the covenants and agreements contained herein, do hereby
execute this instrument, with each party warranting their ability to enter into this
Agreement for the person or entity herein named as a party hereto. By filling out the
on-line application directly or by placing an order telephonically and clicking on
"Accept" below, Customer agrees to all the terms and conditions of this
Agreement. |
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