WARRANTIES / POLICIES / GUARANTEES
Privacy Policy:
Turnkey Auto Shop agrees not to share, distribute, sell or release any contact information, sensitive website information, billing information, and any proprietary information to any other party at anytime without consent. Emails provided on this site or at any page on this site is held private by Turnkey Auto Shop.
100%
Satisfaction Guarantee:
If you are not 100% satisfied with any product or service provided to you by
Turnkey Auto Shop, we will reward you a refund on your purchase price within the
first 15 days of purchasing our website package. We offer
a 100% refund of your money for websites packages we develop for you if a refund is
requested within the first 15 days of it's being launched to the Internet. No
refunds will be rewarded after this initial 15 day period. We do not reward
refunds on type of graphics services such as logo design, print media design or
other forms of electronic files provided to you. Complete ownership of any
graphics, website files and all other multi-media is forfeited by you and
released back to Turnkey Auto Shop if a return or refund for services has been
issued.
WARRANTIES:
Provider warrants that any Work Product, Provider
Tools or Provider-made changes to the Content shall not: (a) infringe on the
Intellectual Property Rights of any third party or any rights of publicity or
privacy; (b) violate any law, statute, ordinance or regulation (including
without limitation the laws and regulations governing export control, unfair
competition, antidiscrimination or false advertising); (c) be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (d) be obscene, child
pornographic or indecent; and (e) contain any viruses, trojan horses, trap
doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information. Provider warrants that: (a) any Work Product or Provider Tools will
conform to their applicable Specifications; and (b) there is no outstanding
contract, commitment or agreement to which Provider is a party or legal
impediment of any kind known to Provider which conflicts with this Agreement or
might limit, restrict or impair the rights granted to Client hereunder. EXCEPT
AS SET FORTH HEREIN, EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST
PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING,
INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
DEVELOPMENT:
Provider shall develop, design, program and
provide other consulting services for the Development Fee set forth in this
agreement. Provider will provide the Work Product to Client in accordance with
the Milestone Delivery Schedule. Provider shall produce a professional quality
website suitable for use as an electronic brochure by those interested in
accessing information about products and services offered by the Client.
Provider shall produce and test Website before making it available to the
public. Provider shall provide means by which selected sections of the Website
are available for Client updates. Provider will host the Client's website on
the servers that the Provider leases, owns or rents. Provider shall create on
the provided hosting server any unique email accounts or email forwarding
accounts that the Client requests or point email records to the Clients
specified email service. Provider shall provide either direct links to website
statistics reports or will provide these reports to the client via email.
Provider shall provide up to 30 minutes of free Website Support on the
Client's website each month in the condition that any and all service fees
have been paid by the Client. Unused support time per month is non-cumulative,
will not carry over to the proceeding month or any proceeding months or years.
MODIFICATIONS:
If Client desires Provider to modify the Website
at any time during the term of this Agreement, Client shall describe the
additional services or deliverables to Provider. Proceeding initial launch of
the Client's Website, any modifications requested by the Client to Provider
shall be performed within 7 business days and shall be subject to the guidelines
set forth in this agreement. Modifications to the Client's website can only be
requested by the Client. Modifications performed by the Provider are subject to
all current standard charges, but in no event shall it exceed the per hour rate
specified in section 8 below unless agreed upon in writing. Provider agrees to
provide up to thirty (30) minutes of free modification service each month to the
client providing all service and development fees have been paid by the Client.
This includes any monthly service and hosting fees and prior development fees.
MIGRATION:
Provider will not install, migrate, upload or
transfer any programs, codes, databases, scripts or any other data except for
text and images only, that the Client has requested to be migrated from their
existing website. Provider will use commercially diligent efforts to complete
the Migration Services within seven (7) days of the Date of this Agreement.
Migrating services provided by the Provider is limited to no more then fifteen
(15) pages of content for no additional fees. Client agrees to pay any
additional fees specified by the Provider if the content exceeds more then
fifteen (15) pages. Client agrees that any and all content is the sole property
of the Client and no other party and that Provider is in no way liable for any
content posted on the Client's Website.
WEB HOSTING:
During the Term of this Agreement, Provider shall
provide the following web hosting services:
(A) DOMAIN NAME. It is hereby acknowledged that Client shall own all rights,
title and interest in and to the Domain Name and all Intellectual Property
Rights related thereto.
(B) CONTENT CONTROL. Client and Provider shall have control over the Content of
the Client's Website. Provider will only permit Client to electronically
transmit or upload Content directly to the Website pages or specified
directories deemed accessible by the Provider. Client is only allowed access
into the images directory and any sub-folder within the images directory. All
directories excluding the "images" directory are off limits to the Client
and any other party except for the hosting service itself and the Provider.
During the period that Provider provides web hosting services pursuant to this
agreement, Client hereby grants to Provider a non-exclusive, non-sublicenseable,
royalty-free, worldwide license to distribute, publicly perform, publicly
display and digitally perform the Content and Work Product only on or in
conjunction with the Website created for the Client. Client grants no rights
other than explicitly granted herein, and Provider shall not exceed the scope of
its license.
PROVIDER TOOLS:
Client understands and agrees that Provider in
performing its obligations hereunder, may incorporate or use Provider Tools in
connection with the Hosting Services, Production Services and Migration
Services. In the event any Provider Tools are incorporated by Provider into or
are used in connection with the Client's Site, then Provider hereby grants to
Client during the Term of this Agreement a worldwide, non-exclusive,
nontransferable, royalty-free, free right to use the Provider Tools on and in
connection with the Client's Sites only. The underlying graphic template or
templates and the applications that run's the Client's website shall be a
Provider Tool and remain the sole property of the Provider unless otherwise
specified in writing by the Provider. If any Provider Tools are incorporated
into or are used in conjunction with the Client's Website, or any Provider
Tools are used to manipulate Content on the Website, then Provider hereby grants
to Client a worldwide, non-exclusive, sublicenseable, assignable, royalty-free
right to use. Client agrees that ALL Provider Tools are the sole property of the
Provider and shall not be shared, reverse engineered, distributed, released or
modified in any way by any parties. Throughout the term of this Agreement,
Provider shall provide to Client the most current copies of any Provider Tools
to which Client has rights pursuant to the foregoing, plus any related
documentation.
THIRD PARTY TOOLS:
Client understands and agrees that Provider in
performing its obligations hereunder, may incorporate or use Third Party Tools
in connection with the Hosting Services, Production Services and Migration
Services. In the event any Third Party Tools are incorporated by Provider into
or are used, then Provider hereby grants to Client during the Term of this
Agreement a worldwide, non-exclusive, non-transferable, right to use the Third
Party Tools on and in connection with the Client's Website as permitted under
the rules, regulations, laws and guidelines specified by the Third Party Tool
owner.
OWNERSHIP
Provider hereby irrevocably assigns to Client all
rights, title and interest to all Custom Content, works and documentation
produced exclusively for the Client by the Provider. Client agrees that any
Provider Tools, and Provider Content shall remain the sole property of the
Provider at all times without exception including templates, photos provided by
the Provider, graphics provided by the Provider, programs provided by the
Provider, code, files, data and text. Custom Templates and graphics developed
exclusively for the Client by the Provider or any other party shall become or
remain the sole property of the Client. As between Provider and Client, any
Content given to Provider by Client under this Agreement or otherwise, and all
Client Content, shall at all times remain the property of Client or its
licensor. Provider shall have no rights in such Content or User Content other
than the limited right to use such content for the purposes expressly set forth
in this Agreement. Provider agrees that ownership of the Domain (URL) used for
the Client's website is and shall remain the sole property of the Client.
CONFIDENTIAL / NON-DISCLOSURE
Client's "Confidential Information"
consists of any logins & passwords used in connection with the Website, all
Server Logs, all Custom Work Products and documents related to the Custom Work
Product, any Client Content which Client designates as confidential, and any
other materials of Client which Client designates as confidential or which
Provider should reasonably believe to be confidential. Provider's
"Confidential Information" is defined as the source code of any
Provider Tools and logins & passwords for Provider services including hosts
and third party supplier tools. Provider understands and agrees that Client does
not want any other Confidential Information of Provider, and should the parties
believe that additional confidential information of Provider needs to be
disclosed to Client, the parties shall execute a separate non-disclosure
agreement regarding such information. Each party shall hold the other party's
Confidential Information in confidence and shall not disclose such Confidential
Information to third parties nor use the other party's Confidential Information
for any purpose other than as necessary to perform under this Agreement.
Provider agrees not to use the Confidential Information of the Client for any
purpose except to the extent necessary to fulfill its obligations under this
Agreement. The Client agrees not to copy, disclose, share, sell, alter, modify,
disassemble, reverse engineer or decompile any of the materials comprising
Confidential Information, unless permitted in writing by the Provider or by any
of the Providers third party relationships. CLIENT AGREES THAT DURING THE TERM
OF THIS CONTRACT AND PRIOR TO TERMINATION OF THIS CONTRACT THAT ANY AND ALL
CONFIDENTIAL FILES, PROVIDER TOOLS AND PROVIDER CONTENT SHALL REMAIN THE SOLE
PROPERTY OF THE PROVIDER AND SHALL NOT BE DISCLOSED TO ANY OTHER PARTY.
FUNCTIONALITY & COMPATIBILITY
Provider will develop the Client's site so that
the Client's site will have the following functionalities: all pages of the
Client's sites will be meta tagged and capable of tracking metrics; Requested
and Purchased extension programs such as newsletter programs, chat programs,
reminder programs and other services or website features will be put in effect
on the Client's website. Client access to the CMS Provider Tool will be
established to enable Client to update the Website remotely, should Client
choose to do so. Client's website will be hosted at the designated host
provider that the Provider deems fit for the Client's Website. CLIENT AGREES
THAT ALL HOSTING FUNCTIONS AND SERVICES WILL BE PROVIDED BY THE PROVIDER AT
EITHER THE PROVIDERS HOSTING SERVERS OR ANY THIRD PARTY HOSTING SERVICE THAT THE
PROVIDER DECIDES TO USE AS A HOSTING SOLUTION FOR THE CLIENT'S WEBSITE. The
Work Product and Provider Tools provided to Client by Provider shall be
compatible with the following browser(s): Mozilla FireFox , Google Chrome, MS Internet Explorer,
Safari, and AOL.
COSTS / PAYMENTS & FEES
Provider shall digitally invoice all fees
(excluding the monthly service/hosting fee) to Client for initial Website
Development, any Custom Content development, and additional services requested
by the Client immediately prior to completion of these services. Client agrees
to have their credit card or bank account automatically debited on the 1st day
of every month during the duration of this agreement for monthly services and
hosting fees associated with their account. All fees quoted include, and Client
shall pay, all sales, use, excise and other taxes which may be levied upon
either party in connection with this Agreement, except for taxes based on
Client's net income. Client shall reimburse Provider for all reasonable
out-of-pocket expenses which have been approved in advance by Client which are
incurred by Provider in the performance of services hereunder, including but not
limited to travel and lodging expenses, long distance calls, material and supply
costs, and third party products and services fees, within 30 days after Client's
receipt of expense statements including appropriate receipts or other evidence
of the expense. The Monthly Service/Hosting Fee will be $30/month during the
duration of this agreement. The Services Fee excludes any fees that may be
payable to third parties as a result of Client's request for additional
services which fees will be paid by Client to Provider for payment to such third
parties. Client shall pay Provider for Services as per the prices listed on the
website at the date of purchase. Client agrees to pay any fees pursuant to ownership of the domain that are
billed to the Client either by the Provider or the Registrar of the Domain and
be responsible for any and all laws related to ownership of said Domain.