I provide Mobile Websites to small – midsize companies. Do I lease them? or Host them? Is this a SERVICE agreement? I have an agreement when a customer wants to use my product. I make it available for 1 month, 6 months, 1 year, 2 years. On my website, it shows only the monthly charge of 18.89 /month. The home page also offers a discount of 10% using a code. There is a free trial period of 30 days. Their card is not charged for 30 days. During the 30 day free trial, I would write to them offering the other plans, of 1 year or 2 year. I would like the document/lease/contract (whatever it is) looked at, and changed to be sure it will hold up in court. If it came to court, i would probably just refund them. IMPORTANT: But i also want to be sure i am not liable for anything that could go wrong. If my hosting company goes down for a day or more, i am not liable for any cost, other than adding the down time to the expiration date. If the site is being used to advertise a big event, and the site goes down, I don’t want to be liable for loses to the event, etc. BASICALLY, I supply the customer with a QR code that is scanned by a smart phone to see the mobile site. This QR can be placed anywhere, in any advertising. I also sell restaurant advertisng, placemats, menus etc. If the QR is placed in an ad, for My other publication, we charge an additional $25. (#12 in my agreement.) I would like this agreement to be kept at a conversational 8th grade level. No legal jargon, that would require an attorney to translate. To re-cap, the idea is simple. Customer pays me, i give them a username/password XXXXX instructions how to build the site, upload pictures, etc. they have a 30 day free trial. To cancel, they would send me an email within 30 days, and i will refund the money immediately. I would like something better than i wrote in #10. about receiving a refund. in other words if they call me 2 months later, and say they asked for refund within the 30 days, if never got it, it is my word against theirs, did they send it or not. We have a sample page on our website; I want to be able to show off their site as a sample, if I want to. (#13) This whole agreement is 13 one-two sentence items, all written in simple language.
below is the agreement as we have it now:
- The hosting agreement will expire at the end of the period listed above, on the last day of the month, listed above.
- We will contact you, by email at 30 days and again 15 days before your agreement ends.
- If email address changes or you are not contacted, it is not our responsibility to keep site up, past expiration date.
- If your site expires, you will have 60 days to renew. When you renew your agreement, you will be charged for the time that your site was down.
- You can extend your license anytime before it expires by adding another year or more to it.
- The purchaser warrants that they have the right to use any trademark or trade name and agrees to hold harmless, the company, in the defense thereof arising out of the publication of any trademark or trade name in accordance with this contract.
- Company reserves the right to refuse any website which may be construed to be immoral, indecent, distasteful, and controversial.
- Purchaser understands we do not sell exclusives.
- Our liability of the site becoming disabled is not more than extending the contract by the time the site was inoperable.
- Purchaser has read the above outlined terms and acknowledges such by the affixed signature.
- This agreement can be canceled in the first 30 days, for a full refund. If you do not receive a refund within 48 hours, please contact us again.
- QR code can be pointed to a different target (or URL) for a fee of $25.
- Set-Up Fee applies, if the QR is being placed in an ad in Restaurant advertising. $25
- We can use your site or a likeness on our website sample page for others to see.