Agent Web Help
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St. George, Utah, 84790
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Home >> AgentWebHelp.com Terms of Service

This agreement (the "Agreement") is hereby entered into between AgentWebHelp.com (the "Service Provider") and you (the "Customer") on the following terms and conditions:

1. Description of Service

The Service Provider is to provide a real estate website (the “Website”), including integration with the MLS where available. Any content used for additional development shall be delivered by the Customer in a digital format readily accessible by the Service Provider.

2. Payment

(a) The Website is provided based upon the following fees:

i. Setup Fee: $299 (One Time)
ii. Hosting Subscription Fee: $50 / Month
iii. Additional Development: $50/ Hour


 

Monthly Hosting Subscription Fees will be charged on the first day of the month. The first months hosting fee will be prorated accordigly to the day of sign up.

(b) Thirty (30) Day 100% Money Back Guarantee

If the Customer is not completely satisfied the Customer may receive a complete refund of any Setup Fees and Hosting Subscription Fees paid to the Service Provider. Additional Development fees are non-refundable. Request for refund must be received by the Service Provider within thirty (30) days of the date the initial order is placed.

(c) Late Payments

Services may be suspended or terminated on ten (10) days notice if the Customer fails to pay any amount when due. Any late payment shall be subject to costs of collection, including reasonable legal fees.

3. Term of Agreement

This Agreement shall commence on the date the initial order is placed. Unless terminated earlier under Section 7 ("Termination"), this Agreement shall continue in full force and effect until either party terminates by giving the other party at least ten (10) days advance written notice.

The Agreement shall continually renew on a monthly basis until terminated by either party. The Service Provider reserves the right to revise the terms of this Agreement at any time, and renewal of services indicates acceptance of the new terms by the Customer.

4. Force Majeure

The Service Provider is excused from any failure or delay in performance of responsibilities otherwise imposed by this Agreement for any cause beyond its reasonable control. Such causes include, without limitation, fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses and incompatible or defective equipment, software or services not supplied by the Service Provider. Nothing herein enlarges any warranty or diminishes any disclaimer provided in Section 5 ("Warranties").

5. Warranties

The following provisions are subject to Section 6 ("Limitation of Liabilities").

(a) Noninfringement Warranty

The Customer warrants that any technology, information or material (other than the Service Provider's own material) distributed through the Website will not infringe or misappropriate any copyright, trademark, patent, or the trade secrets of any third party, or otherwise violate this Agreement or any applicable law. The Customer will defend, indemnify and hold the Service Provider harmless from all liability and expense (including attorney fees) arising from any claim to the contrary.

(b) Limited Performance Warranty

The Service Provider warrants to the Customer that it will make its best effort during the Term of this Agreement to perform its services in a competent and workmanlike manner. The Service Provider does not warrant that it will be able to correct all reported defects or that use of the Website will be uninterrupted or error free. The Service Provider makes no warranty regarding features or services provided by third parties (especially Internet telecommunications service or web "browser" software), which are provided "as is" and "as available." EXCEPT AS SET FORTH ABOVE, THE SERVICE PROVIDER MAKES NO WARRANTY, EXPRESSED OR IMPLIED. THE SERVICE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, INTEGRATION AND FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liabilities

The following provisions are a material condition of this Agreement and reflect a fair allocation of risk:

(a) Remedies

The Customer agrees that if the Service Provider violates any warranty or other provision of this Agreement, and the Service Provider determines that repair or other corrective action is not economically or technically feasible, the Customer's sole and exclusive remedy will be to obtain a refund of amounts paid by the Customer to the Service Provider for services rendered hereunder during the previous fifteen (15) days, and any prepaid Hosting Subscription Fees not yet delivered.

(b) Liabilities

THE SERVICE PROVIDER IS NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID BY THE CUSTOMER FOR SERVICES HEREUNDER DURING THE FIFTEEN (15) DAYS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.

7. Termination

Either party may suspend or terminate this Agreement if the other party materially breaches any provision and fails within ten (10) days of written notice to correct such default or commence corrective action reasonably acceptable to the aggrieved party and proceed with due diligence to correction. Termination shall have no effect on the parties' rights and obligations under Section 5 ("Warranties") or Section 6 ("Limitation of Liabilities").

In the event of early Termination, the full Setup Fee and any used Hosting Subscription Fees will be deducted from any prepaid amount prior to determining the prorated amount to be refunded.

8. Disputes, Choice of Law

The parties agree that all disputes shall be submitted to a single arbitrator for non-binding arbitration under proceedings conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award of the arbitrator shall be limited to remedies otherwise available in court and shall include a written explanation of the decision. If the parties are still unable to reconcile their differences after the arbitrator issues its award the dispute may then be taken to court by either party. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES, THE STATE OF UTAH, WASHINGTON COUNTY, AND ANY ACTION SHALL BE INITIATED AND MAINTAINED IN A FORUM OF COMPETENT JURISDICTION IN SUCH DESIGNATED STATE.

9. Proprietary Rights

Any text, graphics, code or part thereof used on the Website may not be used on any server not controlled by the Service Provider. The Service Provider reserves the right to modify the appearance or function of the Website at any time without notice to the Customer. The Customer may only access the servers and Website via a standard web browser and may not attempt to gain unauthorized access in any way. The Website may not be used to host any adult-oriented or illegal material. Unsolicited email of any kind may not be sent. If the Website is disabled for non-compliance to any part of this Agreement a reinstatement fee of $100 may apply.

10. Miscellaneous

This document and any attachments incorporated by reference constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all other communications, whether written or oral. This Agreement may be modified or amended only by a writing signed by the party against whom enforcement is sought. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement thereof on future occasions. Headings are for reference purposes only and have no substantive effect. Each party and its people are independent contractors in relation to the other party with respect to all matters arising under this Agreement.


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