Terms and Conditions
BANEPA ENTERPRISES
833 ½ Newark Ave.
Jersey City
NJ 07306
Tel: 646-234-6253
www.momocha.com
info@momocha.com
Domain: (
_____________________________________________ )
By and between www.momocha.com, of BANEPA
ENTERPRISES,
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:
COPYRIGHT
CLIENT will obtain all rights of copy, authorizations
and permissions for use of text, graphics, and logos. Violation of
copyright laws is serious business and every contract of page design;
replacement or development will be regarded as a guarantee that such
permissions have been obtained. Proof of authorization may be requested by
Banepa Enterprises (hereafter referred to as BE)
Content is copyrighted to CLIENT, but the custom HTML
coding containing such content is and will be copyrighted to BE and may
not be distributed, modified or re-licensed without the express written
consent of BE.
ACCESSING
FILES
BE will require authorization to access files on
storage servers. Access will be required to update, change, replace or
otherwise modify existing web pages and will include ftp addresses,
username and password information. CLIENT will need to provide such
information for work on all existing sites.
REMOVAL RIGHTS
All design Contract Agreements include "on
demand" access by BE. This Agreement grants BE the right to remove
any content in part or in full for failure to adhere to the terms of this
Agreement including but not limited to violating any licensing agreements
or failure to pay fees duly assessed.
NOT
RESPONSIBLE FOR
BE cannot and will not be held responsible for
modifications, alterations or deletions made by any third party. Once
files are placed on server our responsibility for said files comes to a
close. CLIENT acknowledges and agrees that BE has no control over, and
will not be liable for, the unlawful acts of others who access CLIENTS
installed and publicly posted material.
DESIGNER
"BRAND"
CLIENT agrees that a link will appear at the bottom
of each page on the CLIENT site with exceptions to pages supplied by or
designed by others (pre-existing sites). Link will be in the form of a
very small graphic and/or text link.
RIGHT OF
REFUSAL
BE reserves the right to refuse service for any
content deemed inappropriate, illegal or immoral. BE also reserves the
right to refuse service to any CLIENT that would like maintenance to their
site but has had infractions of this Agreement.
"SUBMITTED
FOR YOUR APPROVAL"
BE will post all site work done to our server for
review by CLIENT. This will allow the CLIENT an opportunity review the
appearance and content of scripted material. On acceptance by the CLIENT
payment of the fee balance will then become due.
POSTING TO
SERVER
Upon payment of balance BE will post (install) pages
to CLIENT'S server (site location). This may take several days depending
on the setup times and server side changes that need to be made.
SERVICE
INTERRUPTIONS
CLIENT acknowledges and agrees that BE cannot
guarantee constant service because of the variables involved.
Circumstances beyond our control, include but are not limited to service
interruptions caused by Acts of God, telecommunications system failures
and server problems.
SUBJECT TO
CHANGE
Terms and conditions Agreement is subject to change
without prior written notice by BE (includes prices for services).
ACCEPTANCE OF TERMS
Placing an order with contract for web page design
with BE will be regarded as acceptance of the above Terms and Conditions.
Placing an order with BE can be done initially by e-mail but must be
confirmed in writing, which will include a signed copy of these Terms and
Conditions.
FEES
Once BE receives a signed copy of these Terms and
Conditions, BE will contact the CLIENT to finalize terms of service and
fees included by such.
Fees due are payable by check or money order with 50%
or an agreed amount being due upon signing this Agreements. The
balance-becoming due upon completion of the contracted work in accordance
with the CLIENT'S original written specifications.
Changes, corrections and/or additions will be charged
separately and due upon receipt of the notification and prior to the
changes taking effect.
DATE__________________________
CLIENT’S NAME
________________________________________
CLIENT’S SIGNATURE
________________________________________
BANEPA ENTERPRISES
TECHNICAL MANAGERS’S SIGNATURE
________________________________________
ACCOUNT REPRESENTATIVE’ SIGNATURE
_______________________________________ |