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eChamberConnect, LLC. © All Rights Reserved 2008-2009
SmartStart™ Program Terms and Conditions:
This Agreement is hereby made and entered into by eChamberConnect, LLC, (eCC), and (Client) to purchase the development and production of a SmartStart™ product as indicated on the front of this agreement. Client desires to engage eCC for a turnkey program including SmartStart™ development, project management, and total production as outlined in this document. The parties hereto hereby agree as follows:
1. Services: eCC agrees to turnkey design, produce and implement all elements of the SmartStart™ Program component purchased, subject to client and Chamber direction and approval before launch. Project Management: eCC works collaboratively with the Chamber staff throughout the SmartStart™ website or banner project life cycle to maintain effective coordination among the individuals and clients involved.
Creative Services and Content Development: SmartStart™ websites are designed to be generated using client provided text, graphics and photos within a predefined template and website management system. All text, graphics and photos are to be supplied to eCC in an electronic manner. A dedicated eCC coordinator will work with the client provided information to help organize the initial website text and layout and format the information in the new website.
Scope Management: SmartStart™ websites are a general 5-page website that covers the basic categories a business would need to effectively promote itself. Anything larger or more complicated than what the basic SmartStart™ website offers is considered a custom website and is to be estimated separately.
All website development, client orientation and website training time which eCC uses to develop and deploy the new client website is estimated not to exceed eight (8) hours total time as part of the initial price. If additional changes or time is requested by the client, it is billed at standard $35.00 hourly rates.
Project Schedule: Project durations are estimated based on our experience with programs of similar scope and complexity. A one month schedule from start to finish reflects our planned project development process; The project schedule is based on all parties meeting the timeframe shown; delays in delivering critical path milestones by the client can affect the overall project delivery timeframe.
All SmartStart™ banner artwork, if not provided by the client, will be professionally developed for the client by eCC as part of the initial price. One design and one round of changes are provided. If additional banner artwork is requested it is billed at the standard $35.00 hourly rates.
2. Compensation: Client agrees to pay eCC/Chamber for the SmartStart™ website or banner ad the sum outlined in the SmartStart™ rate card for said item, to be paid in advance of development and posting.
• First year price for basic SmartStart™ website is $650, and includes annual website hosting fee and one web-based e-mail account, initial website development, content organization assistance , layout of the site, and one hour end-user website system management training. Second year hosting is $275.
• eCommerce websites are $850, and include annual website hosting fee and one web-based e-mail account, initial website development, content organization assistance, layout of the site, and up to two hours of end-user website system management training. Second year hosting is $475. Client must sign up for a secure online merchant account in order to conduct transactions (not part of this agreement).
• Online Reservation websites will be estimated separately.
• Domain name registration if required is $25 per domain per year fee billed additional.
• Additional website development and support is available at a $35 per hour rate as needed upon request. eChamberConnect is a full service website development and hosting company.
eCC provides a secure merchant account as part of the SmartStart™ system which enables customers to pay for their website and banner using Visa, MasterCard, and American Express. The customer may also choose to be invoiced electronically. The invoicing option allows for the SmartStart™ related products and services order to be placed, the account is then put on-hold for development and launch until the invoice is paid in full.
3. License: The client owns and controls certain creative materials that have been provided to eCC/Chamber by the client, which are necessary for eCC/Chamber to perform the Services hereunder, including without limitation art and photographs (collectively, the "Creative Materials").
Client hereby grants to eCC/Chamber a non-exclusive, royalty-free license to use all such Creative Materials in completing this program.
4. Ownership: All final development work related to the SmartStart™ program website and/or banner ads will remain the sole property of eCC. Client provided text, graphics, and photos are the property of the client. Client website domains are the property of the client when paid for in full. eCC owns all related SmartStart™ software and application code used to build the SmartStart™ website or Banner indefinitely.
eCC/Chamber reserves the right to reuse any system template for other SmartStart™ clients as needed, eCC/Chamber also reserves the right to highlight any SmartStart™ website or Banner to demonstrate its products and services to potential clients. Client must be a member of an eCC Chamber to purchase or renew their SmartStart™ related product and/or service.
5. Cancellation Policy (Termination/Cancellation of Client Account): Either Client or eCC may terminate or cancel Client’s Account (or any part of the Service) at any time.
Termination by Client: Client may cancel their Account or any part of the Service at any time. Client must provide written notice to eCC of their intent to cancel. Client will receive a cancellation confirmation via email after eCC processes Client’s cancellation request. eCC reserves the right to collect fees, surcharges or costs incurred before Client cancels. Client understands that there will be no reimbursement and no pro-rate if he or she decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination.
Termination by eCC: eCC may terminate Client’s account if eCC determines to discontinue offering the Service. Additionally, eCC, in its sole discretion, may terminate Client’s Account or use of the Service for any reason, including, without limitation, (a) if Client breaches this Agreement, or (b) if eCC believes that Client has violated or acted inconsistently with the spirit of this Agreement. If eCC terminates Client’s Account pursuant to above, Client will forfeit all prepaid fees, and any other amounts accruing to Client, if any, and eCC shall not be required to refund, redeem, or pay amounts to Client upon such termination. Upon termination of Client’s Account for any reason, eCC reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Client; (b) delete any client Content or other information in connection with Client’s Account; (c) prohibit Client’s access to Client’s Account, including without limitation, by deactivating Client’s password; and (d) refuse Client future access to the Service. |
