Our desire is to please the client.  One way is to make clear our understandings with each other. 

This Website Maintenance Plan Agreement (this "Maintenance Plan Agreement") sets forth the terms and conditions of the Website Maintenance Plan (the “Plan”). This Maintenance Plan Agreement is made between you, your organization (if you are entering into this Maintenance Plan Agreement on behalf of an organization), collectively referred to herein as "you" or "your" (and appropriate formatives) and Etomic Companies, Inc., a North Carolina corporation (“ECI”), and Web 4 Biz, Inc., a Florida corporation doing business as etomichosting.com (hereinafter referred to as “EtomicHosting”), and is made effective as of the date of receipt of your payment for the Plan.

1.  Acknowledgement.  You acknowledge that ECI and not EtomicHosting is the party that is responsible to provide all website maintenance services under this Website Maintenance Plan Agreement and the Plan.

 
 
2.  Authorization. The client hereby authorizes ECI to access this account, and authorizes the web hosting service to provide ECI and EtomicHosting with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes ECI and EtomicHosting to publicize their completed website to Web search engines, as well as other Web directories and indexes.

 
 
3.  Standard Website Maintenance Plan Package Elements. ECI includes the following elements in their Standard Website Maintenance Plan:

• Additional up to 2 pages per quarter Pages will be of text and require no extra programming other than linking to existing pages within the website.  If new page requires programming, re-design of general website theme there will be additional consulting rates charged per hour.
    
• E-mail consultation (Up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own webpage editor per quarter.  If necessary, telephone long distance charges are in addition to package rates quoted.  Additional education and consultation is at our hourly rate.)
   
• Words of text supplied by the client (5,000 words per page approximate maximum if not supplied via diskette. webpages of more than 5,000 words of text may be subject to additional fees, especially if they require a great deal of formatting.)
   
• Links to external pages, up to 20 per page.
   
• Custom Graphics Package. Masthead graphic on first page (simple custom graphic incorporating company logo). Top-of-page graphic for all other pages in your website. Colorful lines and bullets, and colored and textured background.
   
• Photos and other misc. graphic images supplied by client (up to an average of 1.3 included per page in standard websites and "regular" online store pages, in addition to masthead and top-of-page graphic. Color originals larger than 5" x 8" are extra).
   
• Installation of webpages on the client's web hosting service.
   
• Minor updates and changes to existing webpages, subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages.
    
• E-mail response link on each webpage to any e-mail address the client designates.
   
• Feedback or guest book form (Basic CGI program included. Includes up to 20 fields. Extra charges may be incurred if the client's web hosting service does not use a Unix operating system. Not included in the package price for sites smaller than 6 pages. This is not included in online stores, since the shopping cart software is a functional equivalent.)
   
• Image Map for internal navigation (Not included in the package price for sites smaller than 6 pages.)

4.  Maintenance and Hourly Rate. This Website Maintenance Plan Agreement includes the changes specified in the preceding paragraph, including updating links and making minor changes to a sentence or paragraph. It would include things such as removing nearly all the text from a page and replacing it with new text. If the client or an agent other than ECI or EtomicHosting attempts updating the client's pages, time to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time or the Plan. The maintenance period commences upon the period from the date that the client agrees to the service. 

Changes requested by the client beyond those limits specified above will be billed at the hourly rate of $150. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own webpage editor. CGI programming charges (if any) are not included in this rate.

5. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate.

6. Assignment of Project. ECI reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

7. Legal Terms. Neither ECI nor EtomicHosting warrants that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will ECI or EtomicHosting be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of or inability to operate these webpages or website, even if ECI or EtomicHosting has been advised of the possibility of such damages. If any provision of this Website Maintenance Plan Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Website Maintenance Plan Agreement and shall not affect the validity and enforceability of any remaining provisions and such invalid provision shall be deemed to be replaced with a provision that is valid and is as close as possible to the terms and intent of the original invalid provision.

8. Copyrights and Trademarks. The client represents to ECI and EtomicHosting and unconditionally guarantees that any elements of text, graphics, photos, design, trademarks, or other artwork furnished to ECI or EtomicHosting for inclusion in Web Pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ECI and EtomicHosting and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. 

9. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ECI and EtomicHosting and their agents, and subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

10. Copyright to Web Pages. Copyright to the finished assembled work of web pages produced by ECI or EtomicHosting is owned by ECI or EtomicHosting. Upon final payment of the ECI or EtomicHosting contract for website or maintenance service, the client is assigned all rights of the website source code, the Design, and graphics contained in the finished assembled website.  The text and verbiage contained within the website pages, if copyrighted, are owned by their respective owners and may not be used unless specific written consent has been expressed by the copyrighted material's owner.  Rights to photos, graphics, source code, and work-up files are specifically transferred to the client after payment in full for contracted services has been successfully received.  ECI and EtomicHosting and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios.

15. Payment of Fees; No Refunds; Venue; Governing Law. In order for ECI and EtomicHosting to remain in business, payments must be made promptly. Delinquent bills not paid within 5 days of the due date will be suspended. If an amount remains delinquent 30 days after its due date, it will be temporary removed from the hosting account. ECI and EtomicHosting reserves the right to remove web pages from viewing on the Internet until final payment is made. Fees for the Plan are paid on an annual basis and will be deemed fully earned when paid and are not refundable.  In case collection proves necessary, the client agrees to pay all fees incurred by that process. This Website Maintenance Plan Agreement becomes effective only when agreed to by ECI and EtomicHosting.  Regardless of the place of agreeing to this Website Maintenance Plan Agreement, the client agrees that for purposes of venue, this contract was entered into in North Carolina , and any dispute will be litigated or arbitrated in North Carolina and governed by the laws of the State of North Carolina , without giving effect to the conflict of laws provisions thereof. Please pay on time.

16. Sole Agreement. The agreement contained in this "Website Maintenance Plan Agreement" constitutes the sole agreement between ECI and EtomicHosting and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order.