1. Agreement and authorization to perform services. Client’s purchase of the above-described project shall constitute Client’s agreement to be bound by the terms and conditions of the Agreement and the project and shall authorize Boda Media to perform the services in accordance with this Agreement and the Project.
2. Pricing and payment. The Price to perform the Project contemplated by this agreement is identified within your quotation page.
3. Lost, altered and unauthorized access of computer files. Boda Media, its employees, agents and subcontractors shall not be liable for unauthorized access/viewing of files, lost or altered files, data or programs, even if caused by the negligence of Boda Media or its agents or employees or subcontractors. Client understands that, even though Boda Media will employ security measures as is customary, Boda Media makes no guarantee that unauthorized persons will not view/edit data. Client understands that unauthorized persons have the ability to see any computer file, no matter how well protected, that they want, including Client files.
4. Limited warranty; disclaimer of warranties. Boda Media warrants that the services to be performed under this Project shall be performed in a professional and workmanlike manner. Boda Media does not warranty software or any services provided by an independent third party supplier or software manufacturer. You must refer to the warranty provided by such third party.
5. Limitation of liability. Except where such exclusion is contrary to public policy, in no event shall Boda Media, its employees, agents or contractors, be liable under this agreement for any indirect, special, exemplary, consequential, or incidental damages, including but not limited to, loss of anticipated profits or revenue, economic loss, loss of data, loss of use of the product or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, your time, the claims of third parties, and injury to property, regardless of the nature of the claim, including but not limited to, breach of warranty, breach of contract, tort (including negligence) or strict liability, even if Boda Media has been advised of the possibility of such loss or damage. If any portion of this section is held invalid or unenforceable, any liability of Boda Media is expressly limited to the fees you have paid for the service-giving rise to the claim. Your sole remedy against Boda Media in any dispute under this agreement shall be to seek recovery of the amounts you have paid, upon the payment of which Boda Media shall be released from and discharged of all further obligations and liability to you. The client understands that SEO is not an exact science, and there are not guarantees that rankings can be achieved or maintained once achieved.
6. Entire agreement. This agreement contains the entire understanding of the parties and supersedes all previous oral and written agreements with regard to the subject hereof.
7. Severability. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
- You may not assign this agreement or any of your rights hereunder without the express written consent of Boda Media.
- Boda Media reserves the right to change pricing, if the scope of work is changed.
- Client is responsible for obtaining all necessary technical support, hardware, and software fixes from the manufacturer or supplier of third party hardware or software.
- Boda Media may include your name on its client list.
- Boda Media reserves the right to use a debt collection service to recover all outstanding debt.
9. Location of work. Work may be performed in combination of on-site (when necessary) and off-site (for the most part).
10. Intellectual property. All, ideas, concepts, improvements, discoveries, code, tables, forms, queries, macros, modules developed by Boda Media shall remain the sole and exclusive property of Boda Media subject to the irrevocable right and license of Client to use such property without payment of royalties.
11. Non-disclosure. Boda Media understands that during the course of the Project it may come to know confidential information pertaining to Client’s business including but not limited to operations, accounting, human resource, financial and any information that is not considered “public” information, and will not disclose or discuss such confidential information with any third party.
12. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the mail.
13. Term/Termination. This Agreement shall terminate automatically upon completion of the Project. Termination requests shall be in writing and a minimum of one months notice shall be given.