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enetwork-solutions INCORPORATED CUSTOMER SERVICE AGREEMENT

 

Company:__________________________________ By and between enetwork-solutions Incorporated, an Internet corporation, and

____________________________________

 

In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

 

  1. DEFINITIONS:
  1. (Plans) means proposals for offering Internet services to be provided by enetwork-solutions Incorporated, as listed online at:
  2. http://www.enetwork-solutions.com (Plans) do not include the use of enetwork-solutions's trademark.

  3. (Customer) means an end user who is utilizing services provided by enetwork-solutions.
  4. http://www.enetwork-solutions.com/ , http://www.enetwork-solutions.net and enetwork-solutions Incorporated are the same.
  1. PRICES:

All prices for Plans provided by enetwork-solutions Incorporated to Customers are U.S. dollars.

  1. Customers shall be responsible for paying all taxes of any nature which become due with regard

enetwork-solutions Incorporated services, except for taxes on enetwork-solutions Incorporated income, irrespective of which party may be responsible for reporting or collecting such taxes.

  1. ORDER ACCEPTANCE, PAYMENT:
  1. All orders are subject to acceptance by enetwork-solutions Incorporated. An order will be deemed accepted by enetwork-solutions Incorporated when written confirmation of the order is sent to the Customer. enetwork-solutions Incorporated may refuse to accept any order, or delay acceptance pending fulfillment of conditions enetwork-solutions Incorporated may choose to impose. Initial order payments must be received along with a signed service agreement prior to the commencement of service. Subsequent payments for services and all other fees annually, must be received no later than five (5) days after due date or service will be discontinued. A $100.00 renewal fee will be charged for the reinstating of any services that have been provided by enetwork-solutions Incorporated. By signing this agreement, the customer has authorized payment for services on an annual basis. enetwork-solutions Incorporated will charge the credit card automatically on the appropriate anniversary date. If the credit card authorization is invalid for any reason, the customer will be notified and given three (3) days to make other arrangements before service is disconnected. If payment is by check the check must be received by Provider two (2) weeks prior to due date. The start of all services shall be on the date of payment acceptance.
  2. Payment and Terms: Payment shall be made in U.S. dollars to enetwork-solutions, Incorporated into the account designated by enetwork-solutions Incorporated or as may otherwise be agreed in writing by the parties. Payments are due upon receipt of the invoice. If due to bank charges, transfer fees, or the like, enetwork-solutions Incorporated should receive less than it’s invoice amount, enetwork-solutions Incorporated will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by enetwork-solutions Incorporated within thirty (30) days after presentation, enetwork-solutions Incorporated will impose a debt service charge amounting to one percent (1%) of the overdue amount remains unpaid. In the event that any amount remains unpaid forty-five (45) days after presentation of invoice, enetwork-solutions Incorporated may discontinue, withhold, or suspend services to Customer and/or it’s customer(s) to whom such unpaid amounts relate.
  1. DUTIES OF enetwork-solutions INCORPORATED:
  1. enetwork-solutions Incorporated will acquire, on request, a submission form and a provided photograph on behalf of the Customer. In such case the Customer hereby must waive in writing prior to acquisition of said company name, any and all claims which it may have against enetwork-solutions Incorporated for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Company Names in any on-line or off-line network directories, membership lists or registration lists, or the release of the Company Name from such directories or lists following the termination of services by enetwork-solutions Incorporated for any reason. enetwork-solutions Incorporated shall not be liable to Customer or any of it’s customers for any claims or damages which may be suffered by Customer or it’s customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss or 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 enetwork-solutions Incorporated.

  2. enetwork-solutions Incorporated may discontinue servicing any Plan, or may require fulfillment of conditions enetwork-solutions Incorporated may choose to impose as a prerequisite for continuing to service any Plan. Such discontinuation or requirement may not be unreasonable notice via e-mail and fax of any such intent to discontinue or impose conditions.
  3. The only warranty and/or guarantee offered by enetwork-solutions Incorporated is an "unconditional 30-day money back guarantee". If within, 30 calendar days of installation, the customer wishes his money back, it will be refunded regardless of reason. The money back guarantee includes any monies received for annual hosting fees but does not and will not include any account set up fees, web design fees, programming fees, usage fees or monies paid to the Search Engines for customer to register and maintain his or hers company name. No other warranty or guarantee is implied or exists within this agreement.
  4. enetwork-solutions Incoproated liability to Customer, and any end user or any Plan or other enetwork-solutions Incorporated services is limited to the amount paid to and received by enetwork-solutions Incorporated services not accepted. In no event shall enetwork-solutions Incorporated 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 enetwork-solutions Incorporated has been advised of the possibility of such damage.
  5. Customer will take all necessary measures to preclude enetwork-solutions Incorporated from being made a party to any lawsuit or claim regarding enetwork-solutions Incorporated services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless enetwork-solutions Incorporated from any and all claims or whatever nature brought by any of Customer’s customers against enetwork-solutions Incorporated in excess of the remedy set forth in paragraph 7 (D).
  1. PROPERTY RIGHTS
  1. enetwork-solutions Incorporated owns all rights, title and interest in enetwork-solutions Incorporated trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use enetwork-solutions Incorporated trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purpose of marketing and selling Plans .
  1. CONFIDENTIALITY
  1. Customer acknowledges that by reason of it’s relationship with enetwork-solutions Incorporated hereunder, it may have access to certain information and materials relating to enetwork-solutions Incorporated business, plans, customers, software technology, and marketing strategies that is confidential and of substantial value to enetwork-solutions Incorporated, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for it’s own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by enetwork-solutions Incorporated. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in it’s possession, and all confidential materials shall be returned to enetwork-solutions Incorporated or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, enetwork-solutions Incorporated shall be entitled to injunctive relief, which relief shall not be contested by Customer.
  1. RELATIONSHIP OF THE PARTIES
  1. The relationship between enetwork-solutions Incorporated and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/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 enetwork-solutions Incorporated, or in any other way legally bind enetwork-solutions Incorporated in any fashion, nor shall Customer be authorized to make any representations about enetwork-solutions Incorporated or it’s services other than to set forth enetwork-solutions Incorporated responsibilities as outlined in this agreement.
  1. DISPUTES
  1. 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 of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Fort Lauderdale, Florida, or at another location if the parties so agree. The arbitration shall take place before an arbitration panel chosen as follows:
  2. 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 arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of it’s own arbitrator, and shall pay half of the other costs of the arbitration proceedings. 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 or 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. Judgement upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof.
  3. 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.
  1. TERM, TERMINATION:
  1. It shall automatically be renewed on an annual basis unless terminated in one of the following ways:
  2. By enetwork-solutions Incorporated, 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.
  3. By enetwork-solutions Incorporated, upon sixty (60) days written notice, if
  4. enetwork-solutions Incorporated provides Customer with written notice of the specific reasons for it’s belief in this regard.
  5. Customer provides enetwork-solutions, Incorporated with written notice of the specific reasons for it’s belief in this regard.
  6. Customer has not cured by the end of the 60 days.
  7. By enetwork-solutions Incorporated, immediately upon giving written notice to Customer, in the event that
  8. Any bank draft or check delivered by Customer to enetwork-solutions Incorporated in payment of products is returned unpaid and Customer fails to remedy such nonpayment within five business days;
  1. NONASSIGNABILITY
  1. Customer’s rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of enetwork-solutions Incorporated, which consent shall not be unreasonably refused.
  1. PARTIAL INVALIDITY
  1. 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. enetwork-solutions Incorporated and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
  1. APPLICABLE LAW, JURISDICTIONAL MATTERS
  1. This agreement takes effect when accepted by enetwork-solutions Incorporated in Florida. It is to be governed by and construed under the laws of the State of Florida and the United States of America. The federal and state courts of the State of Florida 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 Florida (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 enetwork-solutions Incorporated. To the extent permissible by the law of 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.
  1. NOTICES
  1. Except with respect to service of process as set forth in contract, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
  1. ENTIRE AGREEMENT: MODIFICATIONS
  1. This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. enetwork-solutions Incorporated may make changes to this agreement upon thirty (30) days written notice to customer, advising of the change and the effective date thereof. Utilization of enetwork-solutions Incorporated services by Customer and/or it’s Customers following the effective date of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties.
  1. IN WITNESS WHEREOF,
  1. 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.

     

     

    CUSTOMER

     

    BY:_____________________________________________ DATE:_____________

     

     

     

     

    COMPANY NAME____________________________________________________

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