Real Estate Websites Service Agreement
Contained below are the complete terms, which the Client & Real Estate Websites, a wholly owned division of e-Agent NZ, Ltd mutually agree, with regard to the production of a website and for related online services. This agreement replaces any conversations and or advertising materials and is the sole and complete understanding between the parties.
1.- The Client has contracted to have Real Estate Websites (e-Agent NZ, Ltd) referred to as REW produce a website and to provide such other services as were ordered by the Client having completed the "Pricing & Site Orders" form associated with the REW website, of which this Agreement is a component.
2.- The Client has pre-paid, via PayPal's online payment system or via direct deposit, one half of the total due for the services ordered. Once the finished website is accepted, as delivered by REW, the Client agrees to make the remaining payment due, through the PayPal online payment system, within five business days. Payments made after the five business day period, will accrue interest at the rate of 15 percent/year.
3.- The Client may elect to discontinue the product design effort, by providing email notice, sent to service@real-estate-websites.co.nz until, but not after delivery of the completed website. Under such a notice, no refund is to be provided the Client, however, the remaining amount due will be eliminated and no further payments will be sought.
4.- It is understood by both parties, that any domain name purchased on behalf of the Client is the sole property of the Client. It is also understood that the final and delivered website is the sole property of the Client, along with any and all Intellectual property rights available.
5.- It is understood by both parties, that the Client has the sole right to select a website hosting company of their choice and or to move their REW produced website to any hosting facility, of their choice, at any time of their choosing. It is understood that electing to move a REW produced website terminates any responsibilities that REW would have, including the operation of the website, once relocated.
6.- IT IS EXPRESSLY UNDERSTOOD THAT THE CLIENT WILL, INDEMNIFY AND HOLD HARMLESS REW FOR ANY ACTIONS, DEMANDS, CLAIMS AND ASSOCIATED LITIGATION, INITIATED BY ANY PARTY, FOR ANY CAUSE OR REASON WHATEVER, WITH REGARD TO THE WEBSITE PRODUCED, ANY OF ITS CONTENT AND FOR ANY FUNCTION.
7.- REW MAKES NO REPRESENTATIONS OF FITNESS FOR ANY PURPOSE OR FUNCTION AND BOTH PARTIES AGREE THAT THE REMEDY SOUGHT UNDER ANY CLAIM MAY NOT EXCEED THE ACTUAL AMOUNT PAID BY THE CLIENT TO REW.
8.- The parties agree that the jurisdiction for any and all purposes, related to this agreement will be Christchurch, New Zealand and both parties agree to binding arbitration, with each party individually responsible for any associated expenses.