Webhosting Services and
Additional Online Marketing Services

  

This Development and Publishing Agreement (the “Agreement”) is effective on the date of a new account setup

The purpose of this Agreement (hereafter referred to as the “Agreement”) is to define the arrangement under which Borderleads will provide webhosting services and additional online marketing services for the Client.

 

1. Scope and Terms

 

Scope of this agreement is the provision of webhosting services for the Client’s website on the domain selected and additional online marketing services provided by Borderleads.

a)     Scope and duration of term

This agreement covers a month by month service for webhosting services.

This agreement covers the provision of additional online marketing services invoiced on a monthly basis.

b)     Pricing

The regular pricing for Webhosting & CMS services is as follows, however different pricing may be offered through promotions offered to the public;

Professional Site: Monthly rate of $69

Merchant Site: Monthly rate of $149

Authority Site: Monthly rate of $199

 

c)      Service start date

The start date for the webhosting services starts the day in which the client makes the first payment.

d)     Changes in scope or price

If prices or scope of the services provided are subject to change, Client receives a notification 30 days prior before changes come into effect and has the ability to cancel the agreement.

e)     Payment, renewal and expenses

The webhosting services will be invoiced in full at the beginning of the term or in monthly payments. It automatically renews for an additional term and will be invoiced for successive twelve months, unless terminated in writing at least 30 days prior to the end of Term renewal date. Service shall begin upon Borderleads receipt of the first payment.

Online marketing services rendered will be invoiced on a monthly basis.

Client shall reimburse Borderleads for all reasonable out-of-pocket expenses that have been approved in advance by Client in order to perform the services agreed on.

f)      Termination

The agreement may be terminated by Borderleads at any time if the Client does not comply with any provisions of this Agreement, or upon mutual agreement in writing between Borderleads and Client. If legal action is necessary to resolve a dispute, the prevailing party shall be entitled to recover all costs and legal fees.

g)     Transfer of agreement

In the event of any change in ownership or jurisdiction, the parties agree to notify each other by e-mail no less than 30 days prior to the effective date of the event.

 

2. Services and responsibilities

 

Borderleads’s webhosting services shall conform to the following:

h)     Availability of website

The website shall be publicly available to users a minimum of 99% of the time during any 7 day period, except if any interruption in service occurs that is beyond the control of Borderleads.

i)       Unlimited disk space and bandwidth

Borderleads’s webhosting plan is designed to host any website, and thus there is no set limit on the amount of bandwidth or disk space Borderleads may use in the operation of the website. In the event the bandwidth, website or disk space usage presents a risk to the stability, performance or uptime of Borderleads’s systems, data storage, networking or other infrastructure, Client may be required to upgrade to a different plan.

Borderleads uses a content delivery network (CDN) designed to optimize website performance through caching and secure distribution of content on a network of servers throughout the world.

Borderleads or it’s providers shall prevent unauthorized access to restricted areas of the website and any databases or other sensitive information.

j)       Content, backup and website maintenance

Borderleads or it’s partners are responsible for all technical aspects, code development and feature extensions of the system. Borderleads provides an account/login for the Client. Borderleads or it’s providers shall maintain a complete and current backup of the Website.

Content (means all text, pictures, sound, graphics, video ...) can either be maintained by Client or Borderleads. Client shall have sole control over the content, and Borderleads shall not supplement, modify or alter anything without Client’s prior consent.

Content shall at all times remain the property of Client or its licensor. Content will be displayed on the website through a Content Management System provided by Borderleads, for which the Client has usage rights during the duration of this agreement.

k)     Domain

If requested by Client, Borderleads shall register a domain name at Client’s expense, of which Client shall own all rights. Unless otherwise specified by Client, Borderleads will be listed as the administrative, technical and billing contact.

l)       Abusive activities

Client agrees that he will not engage in unacceptable use of the services that threaten the stability of Borderleads’s system or network. Client shall ensure that its website will comply with all applicable international, national and local laws and regulations.

  

Borderleads’s online marketing services shall conform to the following:

Borderleads and Client agree on the details and estimate for the expected efforts (e-mail sufficient).

  • Website Setup (not part of Webhosting services)
  • Website Migration (not part of Webhosting services)
  • Website Design (not part of Webhosting services)
  • Online Marketing Consulting
  • Social Media Services
  • Search Engine Optimization (SEO)
  • Content Creation
  • E-Mail-Marketing
  • Design Services
  • Paid Advertising Campaigns
  • Local Listings Optimization
  • Reputation Management
  • Lead Generation
  • Video Production
  • Public Relations/Press Releases
  • Affiliate Marketing
  • Sales Funnel Optimization

 

 3. Warranties

Borderleads makes no warranties of any kind and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause.

 

This Agreement shall be governed by the laws of the State of Texas applicable to agreements made and to be wholly performed therein (without reference to conflict of laws). In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and expenses.

Each party represents and warrants that they are authorized to enter into this Agreement and duly bind their respective principals by their signature below:

 


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