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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10600
Experience:  30 years of corporate, litigation and international law
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I provide Mobile Websites to small – midsize companies. Do

Customer Question

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:

  1. The hosting agreement will expire at the end of the period listed above, on the last day of the month, listed above.

  2. We will contact you, by email at 30 days and again 15 days before your agreement ends.

  3. If email address changes or you are not contacted, it is not our responsibility to keep site up, past expiration date.

    1. 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.

    2. You can extend your license anytime before it expires by adding another year or more to it.

    3. 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.

    4. Company reserves the right to refuse any website which may be construed to be immoral, indecent, distasteful, and controversial.

    5. Purchaser understands we do not sell exclusives.

    6. Our liability of the site becoming disabled is not more than extending the contract by the time the site was inoperable.

    7. Purchaser has read the above outlined terms and acknowledges such by the affixed signature.

    8. 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.

    9. QR code can be pointed to a different target (or URL) for a fee of $25.

    10. Set-Up Fee applies, if the QR is being placed in an ad in Restaurant advertising. $25

    11. We can use your site or a likeness on our website sample page for others to see.

Submitted: 4 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 4 years ago.

bizlaw :

Do you have an automatic acknowledgement of emails so if someone emailed a cancellation there would be a record of it even if you overlooked it? What happens if you become disabled? Are there people that can continue the operation? Do you have the right to cancel or not renew?

Customer :

i do not have auto respond to cancel, but i will do implement that today.

Customer :

I do have a partner, in florida, who can take care of everything if i become disabled.

Customer :

We only have in the contract, that we will contact you 30 days before term is up, and if not payment, it is canceled. we need a Right To Cancel or Renew?

Customer :

there comes a time, each day when i have to make a decision. go to work or get married. being that marriage didn't work 3 times, today i choose work. I am leaving in about 10 minutes, and will be gone until about 5 or 6 tonight. (central time) I will catch up on your messages then.

bizlaw :

Thanks for getting back to me. I do not know what a QR code is, could you explain that when you get a chance. Here are the comments on your agreement. On the first paragraph add "If the hosting agreement is not renewed before its expiration, hosting will terminate at 11:59 pm on the expiration date without further notice." You need to add a provision that cancellation of the agreement before the expiration of the trial period IS ONLY EFFECTIVE IF DONE BY EMAIL TO THE FOLLOWING EMAIL ADDRESS [put in the email address]. This eliminates cancellation by phone. If someone tries to cancel by phone tell them they must send an email. I do not think you can charge for the period a site was down after expiration unless the renewal rate is significantly less than just starting up with a new site. Why would any customer pay for time that they did not have access to the site. The ¶ that begins "The purchaser warrants" Should read "The purchaser represents and warrants that they have the right to use any trademark, trade name or any other intellectual property used on the site and agree to indemnify and hold the site host harmless, including advancing the cost of defending against any claim, from any claim for a violation of any third party's intellectual property rights arising from the use of such intellectual property on the website." The phrase that says your liabilty for the site being disabled should be done in block caps so it stands out. You should add to that phrase after "disabled" or "otherwise does not operate properly".

If you need further help please do not rate 1 or 2 stars/faces as these are not positive ratings for me. Just reply to me via the "CONTINUE CONVERSATION" or "REPLY" button with the questions you have. Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for. If I have answered your question please highly rate my answer as that is how I am compensated. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication

Customer :

QR code is the little square box, that you see on most advertisements now. you scan it with your smart phone and the code will take your phone to a website. mobile websites are websites that can be easily seen and navigated on a phone. If the company chooses the QR code to point to his own website, full size computer websites are not readable on a phone, and could take up to 2 minutes to load all the content, and FLASH on websites do not work on most phones. hence the need for a mobile website. Google says, most people that go to a full website on their phone click off in seconds not finding what they want. Mobile websites give just enough information for a person to want to do business with tht company either store or later at home on their full site. our site is manage your qr without the spaces ending in com.

bizlaw :

Thanks for the education on that. Did you have any questions on my comments on the agreement?

If I have answered all your questions, please highly rate my answer as that is how I am compensated. If you have more questions, please let me know.

Customer :

if you dont mind, i am going to forward this to my partner. he is the brains, i am the creative. I will have an answer tonight, and rate you well. I always rate excellant and give a bonus. but for now, i have to leave until tonight.

bizlaw :

OK, I will wait to hear from you.

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