Terms of Service
A. General
B. Internet Marketing
C. Website Design
D. Web Hosting
E. Website Maintenance
F. Billing and Payment
A. General
Global Nexchange Solutions' service ("Service") is offered to you upon your acceptance without modification of the terms and conditions contained herein. We may revise these Terms of Service at any time by updating this posting. You should visit this page periodically to review the Terms of Service, because they are binding on you. By contracting with us for our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
1. Links
Global Nexchange Solutions shall have the right to add the client’s
Website or web pages to it’s link section on the Global Nexchange
Solutions Website, and to show any or all parts of the client’s Website
as an example of Global Nexchange Solutions' web pages or Website, or by
showing the client’s Website on remote computers or in Global Nexchange
Solutions’ portfolio. Global Nexchange Solutions reserves the right to
place a icon and link that will redirect all visitors back to the Global
Nexchange Solutions Website, on all web pages and websites that it
creates and maintains for the client.
2. Privacy and Security
Global Nexchange Solutions takes the privacy and security of its
customers and it self very seriously. Global Nexchange Solutions shall
not disclose or reveal any information obtained from the client to any
individual or other entity for the life of this contract or until it has
been released to the public by the client. All passwords, high security
issues, ways of operation, business practices and corporate secrets of
the client, that is given to Global Nexchange Solutions, shall remain in
the highest confidence and not revealed or given out by Global Nexchange
Solutions.
3. Copyright
Any image, graphics, sound, music, custom coding or scripts, text and
any other material supplied by the Client to Global Nexchange Solutions
will remain the property of it’s owner, whether it’s the client's or a
3rd party. Global Nexchange Solutions assumes, that any items or
materials supplied by the client, for it’s web pages or Website, are
legally and lawfully obtained by the client. The client shall assume all
the legal rights and responsibilities of obtaining any materials that it
supplies to Global Nexchange Solutions for it’s web pages.
4. Web Server
The client will also provide Global Nexchange Solutions the location of
the web Server that will be used for the maintenance of it’s Website or
web pages. By providing, any passwords, codes, URLs, directories, FTP
addresses, user names or any other information that is directly involved
or needed in order for Global Nexchange Solutions performing it’s
obligations to the client. the client or Global Nexchange Solutions
shall also inform the client’s ISP or web Host of the fact that Global
Nexchange Solutions is maintaining the client’s Website or web pages,
and that the ISP shall allow Global Nexchange Solutions to work on and
make changes on their servers or computers as needed.
5. Refunds
Global Nexchange Solutions will not give refunds or exchanges for any
terminated or canceled contracts. If the contract is terminated for any
reason, the client shall be billed for work not yet paid for, that was
done by Global Nexchange Solutions.
6. Indemnification
You agrees that Global Nexchange Solutions, under any circumstances,
shall not be held responsible or liable for situations where the
Services are accessed by third parties through illegal or illicit means,
including situations where such data is accessed through the
exploitation of security gaps, weaknesses or flaws (whether known or
unknown to Global Nexchange Solutions at the time) which may exist in
the Services or Global Nexchange Solutions' equipment used to provide
the Services.
Under no circumstances, including negligence, shall Global Nexchange
Solutions be liable for any indirect, incidental, special, consequential
or punitive damages, or loss of profits, revenue, data or use by You,
any of your customers, any Reseller customers or any other third party,
whether in an action in contract or tort or strict liability or other
legal theory, even if Global Nexchange Solutions has been advised of the
possibility of such damages. No Global Nexchange Solutions Person shall
be liable to You, any of your customers, any Reseller customers or any
other third party, for any loss or damages that result or are alleged to
have resulted from the use of or inability to use the Services, or that
results from mistakes, omissions, interruptions, deletion of files, loss
of data, errors, viruses, defects, delays in operations, or transmission
or any failure of performance, whether or not limited to acts of God,
communications failure, theft, destruction or unauthorized access to
Global Nexchange Solutions' records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Global
Nexchange Solutions' maximum liability under this Agreement for all
damages, losses, costs and causes of actions from any and all claims
(whether in contract, tort, including negligence, quasi-contract,
statutory or otherwise) shall not exceed the actual dollar amount paid
by You for the Services which gave rise to such damages, losses and
causes of actions during the 12-month period prior to the date the
damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation
between the parties of the risks (known and unknown) that may exist in
connection with this Agreement. The terms of this section shall survive
any termination of this Agreement.
7. Force Majeure
Global Nexchange Solutions shall not be liable for failure or delay in
performing its obligations hereunder if such failure or delay is due to
circumstances beyond its reasonable control, including, without
limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption of
or delay in transportation, unavailability of, interruption or delay in
telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain raw
materials, supplies or power used in or equipment needed for provision
of the Services
8. Taxes and Levys
From time to time governments enact laws and levy taxes and tariffs
affecting Internet electronic commerce. the client agrees that the
client is solely responsible for complying with such laws, taxes, and
tariffs.
9. Successors and assigns
This agreement shall be binding upon the heirs and assigns of the
parties and shall be governed by and interpreted according to the laws
of the State of Illinois.
10. Additional Fees
Global Nexchange Solutions reserves the right to charge the client all
and any additional fees or expenses which might occur from the creation,
maintenance or development of the client's Website or web pages, in
which Global Nexchange Solutions incurs a cost or bill from an outside
agency, organization, company or any other entity. This would include,
but is not limited to: Obtaining specific licenses or copyrights,
Obtaining specific softwares, or obtaining a web hosting for the client.
Global Nexchange Solutions shall inform the client and receive written
approval, by the client, before beginning any development or obtaining
any services, equipment or software, that would require the need of an
added Expense or Fee to the client.
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B. Internet Marketing
1. SPECIAL MESSAGE FOR GOOGLE GROUP ADVERTISERS
When we position you on Google your keyword phrase must generate at least a 1.0% click through rate in order to be syndicated through to the other search engines in the group. We will use best efforts to make this occur through text changes, etc., however we DO NOT warrant that all search engines will rank your website on every keyword.
ALSO, the Google group sets a "recommended" campaign budget when we submit your keywords, based upon the historic number of clicks to the keyword group and the average cost. We cannot predict this in advance. We set an arbitrary budget based upon the type of account you establish with us. If the Google recommended budget is higher than the budget amount we establish (i.e. the "market" is larger than your budget), your listing probably will not appear each time your keyword phrases are entered by a user. This is to prevent your budget from being "used up" in one hour or one day and so your clicks will be spread out evenly over the monthly period.
2. MSN/Bing
MSN/Bing has a secondary editorial review process which basically means some phrases will appear on MSN and some will not. We have no control over this and do not warrant that your phrases will appear on MSN as a condition of service.
3. REFUND POLICY
We offer a money-back guarantee if we cannot position your website in the first page of organic listings on Google, and will refund the net proceeds received by us (i.e. less the credit card transaction fee or wire transfer fee). Otherwise all orders are final.
4. CHANGES
If you want changes to your account after it is posted we charge a minimum $15 fee based on an hourly rate of $55.00. This applies to all title/description changes except at renewal time. Of course if we've made a mistake there is no charge.
5. ENTIRE AGREEMENT
The services we provide are subject to the affiliation agreements of the individual search engines with the syndicator and are subject to change without notice at any time. The participating search engines, terms and conditions are current as of this writing and are updated on a periodic basis.
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C. Website Design
1. Text FormatAll text that is to be placed onto the client’s Web Pages must be submitted to Global Nexchange Solutions on an electronic format. We will also provide a copy-writing service free of charge as required.
2. Images and Graphics
We can accept any graphics file format that is Windows compatible. Apple users should covert files to a multiplatform format prior to sending them to us to ensure the best possible conversion. Our preferred format would be the original file that was created (Photoshop Document, Portable Network Graphic, Tiff) as those are editable, but JPEGs and GIFs are acceptable as long as they are good quality. If you are local, we can meet with you and get everything we need. If you aren't local, it's no problem, as you can always e-mail graphics files to us or mail photographs.
3. Logo Design
The costs of website design does not include the creation of logos unless otherwise agreed upon at the time of contract.
4. Design Revisions
Global Nexchange Solutions will provide unlimited revisions of the website design until the client is satisfied with our work.
5. Payments
Fees are due and payable on the following schedule: 50% upon signing the contract, 50% when the web pages have been constructed according to the client's original written specifications.
6. Completion of Service
Submissions to search engines and updating occur only after the final payment is made.
7. Subcontractors
Global Nexchange Solutions reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
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D. Web Hosting
1. Web Site Hosting Service AvailabilityWe shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot
be transferred or used by anyone other than you.
Uptime guarantees do not include downtime required to upgrade / service
hardware or problems caused by your equipment or 3rd parties, for
example but not limited to, your ISP (internet service provider).
2. Payments
We reserve the right to change pricing at any time although all pricing
is guaranteed for the period of pre payment.
Payment is due each month or year until closure notice is given.
3. Web Site Hosting Termination
We reserve the right to suspend the Services and/or terminate this
Agreement / your account at any time with no notice or reason.
You may cancel the Services at any time. Canceling payments to us on
monthly paid plans will result in the immediate suspension of the
service(s). For annually paid plans the account will be suspended at the
end of the 12 month period. Partial refunds will only be given on annual
plans.
On termination of this Agreement or suspension of the Services we shall
be entitled immediately to block your Web Site and to remove all data
located on it.
When an account termination request is received it will only be actioned
if it contains enough proof that we know it came from the authorized
account holder. Such information required is: account number, username,
password.
4. Service Cancellation:
We not issue refunds except for balances on annual payments as specified
below.
Service may be cancelled with 30 days notice by e-mail to
support@globalnexchange.com.
All annual plans can be cancelled with the standard 30 days notice.
Subscriber will be refunded the difference between what the Subscriber
has paid and what the Subscriber would have paid under the monthly
payment terms, including any setup fees that would have applied.
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E. Website Maintenance
1: Authorization:The client hereby authorizes Global Nexchange Solutions to access his/her account, and authorizes the web hosting provider to provide Global Nexchange Solutions with "read, write, execute permissions" for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.
2. Inclusions:
- Includes updating links and making changes or replacing text and graphics.
- Trouble-shoot any and all functions with web hosting provider.
- Photos and other misc. graphic images are supplied by the client or we will supply the images for a nominal fee.
- E-mail/phone consultation of all website related matters including learning to use the control panel, setting up email accounts and more.
3. Unauthorized Modifications
If the client or an agent other than Global Nexchange Solutions attempts
to update the client web pages during our maintenance term, time to
repair Web pages will be assessed at the hourly rate of $55.00, and is
not included as part of the maintenance plan.
4. Changes
Changes requested by the client beyond those limits will be billed at
the hourly rate of $55.00
5. Texts
All text that is to be place onto the client’s Web Pages must be
submitted to Global Nexchange Solutions on an electronic format.
6. Images and Graphics
We can accept any graphics file format that is Windows compatible.
Apple users should covert files to a multiplatform format prior to
sending them to us to ensure the best possible conversion. Our preferred
format would be the original file that was created (Photoshop Document,
Portable Network Graphic, Tiff) as those are editable, but JPEGs and
GIFs are acceptable as long as they are good quality. If you are local,
we can meet with you and get everything we need. If you aren't local,
it's no problem, as you can always e-mail graphics files to us or mail
photographs.
7. Sounds and Music
All sound and music to be used on the client's website must be submitted
to Global Nexchange Solutions in the appropriate format to be used on
the client’s web pages.
8. Scripts
Global Nexchange Solutions will maintain any custom coding or custom
scripts that are already on the client’s webpages or Website. This would
include, but not limited to: Java Script, VB Script, JAVA, CGI Scripts,
VRML, ASP scripts or advance HTML coding (DHTML, CSS, or Style Sheets.).
Global Nexchange Solutions assumes that these scripts and codes are
already setup, installed and running properly on the client’s webpages
or Website at the time of signing this contract.
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F. Billing and Payment
1. If you choose to pay by credit or debit card you authorize Global Nexchange Solutions' credit card / debit card processing (PayPal) to debit your account renewal fees from your card.2. All payments must be in $US (US dollars).
3. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4. In the event that you or your company is declared insolvent voluntarily or involuntarily or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5. All orders and maintenance contracts must be accompanied by at least 50% payment of the overall order when submitted unless specified otherwise on this website.
6. All extra maintenance and additions that are billed at an hourly rate shall be billed to the client at the end of each month.
7. All invoices must be paid within fifteen days (15) of invoice date.
8. Global Nexchange Solutions reserves the right to remove or make unattainable any web page or Website or portion of the work, of a delinquent account until full payment is received.
9. Final payment of the balance shall be made within 15 days of submission of the final invoice date (If no other conditions apply, such as payment plans or long term contracts) as hereinabove set forth and Global Nexchange Solutions shall be entitled to reasonable legal fees in the event the services of an attorney or collection agency are necessary for collection.
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