This Agreement for Services ("Agreement") is between the Client Community (hereinafter called "Client") and CondoSites (hereinafter called "Provider"). The Client and Provider agree as follows:
TERMS AND TERMINATION.
This is a month-to-month agreement and may be terminated by either party, with or without cause, by giving the other party at least 30-days' notice.
SCOPE OF SERVICES ("The Product").
Provider shall provide the following:
a. Provide and host its website product and service for Client's agents, members, leaseholders, vendors, and guests (hereinafter called "users");
b. Design the website skin using photos and logo provided by Client;
c. Provide Client with content management training as needed, via written instruction, video instruction, and one-on-one or in-group sessions via web-conference; and
d. Provide Client with unlimited telephone and e-mail support;
Client understands that they are responsible for initial and ongoing content uploads and ongoing maintenance of said content; and if applicable, responsible for adherence to any state or local laws regarding content and/or digital notices.
COMPLIANCE WITH LAWS.
Provider and Client shall at all times remain in compliance with all applicable federal, state, and local laws, and tax laws insofar as applicable to the performance of this Agreement. Client shall keep Provider informed of laws, which may affect Provider's product or service. Client shall not use the Product for any illegal or unauthorized purpose, nor shall the Client allow others to transmit worms, viruses, and/or malicious code.
HOLD HARMLESS CLAUSE.
Provider hereby agrees to indemnify and hold harmless the Client against claims, damages, bodily injury or property damage caused by any negligent act or willful omission of the Provider, its agents, employees, and vendors. Client hereby agrees to indemnify and hold harmless the Provider against claims, damages, bodily injury or property damage caused by any negligent act or willful omission of the Client, its agents, or its employees.
Provider shall make all reasonable efforts within its control to provide security and protection to Client's information on the website.
WARRANTIES AND LIMITATION OF LIABILITY.
PAYMENT FOR SERVICES.
CondoSites websites are the property of Provider and are rented to Client on a month-to-month basis along with hosting, domain registration / renewal and maintenance. A single monthly service fee is charged to cover these services and is billed quarterly or annually according to Client's preference. Additional fees may be billed (with Client approval) for other services not included under the CondoSites service.
LATE PAYMENTS ARE SUBJECT TO A LATE CHARGE OF $25 PER MONTH. To avoid late charges, payment is due within 25 days of the date the eFolio was sent.
Quarterly folios are prepared and emailed on the first business day of the month as follows:
• December: for January, February and March service months
• March: for April, May, and June service months
• June: for July, August, and September service months
• September: for October, November and December service months
Annual folios are prepared and emailed on the first business day of the month of December to cover January 1 through December 31 of the following year.
PROVIDER RESERVES THE RIGHT TO TAKE ADDITIONAL ACTIONS WHEN ACCOUNTS ARE NOT KEPT IN GOOD STANDING:
• If minimum payments are not met, the account will be frozen from additional charges, services and support until the account is made current or brought to good standing.
• Accounts that are more than 30 days past due are subject to collection.
• Unpaid accounts may result in the withholding of delivery of updates (scheduled or otherwise), a hold on the launch of web sites, discontinuance of support, and/or cancellation web services and domains. Provider reserves the right to contact its mutual secondary vendors associated with the project to ask them to hold materials and/or services until the account is made current or brought back to good standing.
WEBSITE AND CONTENT.
The website structure is the proprietary property of the Provider. The content contained within the product is the property of the content's copyright holder.
Client shall designate an individual (typically a board member, non-board owner, property manager, etc.) to serve as a Primary Administrator who is responsible for administrative duties on the website (posting, updating, and editing content; administrating user profiles, etc.) along with providing support to users, and communication between Client and Provider.
Client may keep the website domain even if they cancel this Agreement. The domain registrar may charge Client a transfer fee (approximately $20, as of the date of this agreement); but as long as Client has been a customer of Provider's for at least three revenue months, Provider will not impose a charge. If Client has been with Provider for less than three revenue months, Provider shall be entitled to require Client to pay the price of the domain if Provider purchased on behalf of Client, also typically under $20.
Unless a client in good standing with a zero balance transfers the domain away from the Provider, the Provider shall retain the domain of a terminated account until the domain's expiration date. At that time the domain will be canceled and released back to the Registrar. Subsequent domain actions following domain cancelation are subject to the policies, procedures, and laws of the Registrar and ICANN.
If the Agreement is terminated due to non-payment, the domain will not be released to the Client until the balance is paid in full. The Client has up to the domain's expiration date to pay the balance in full and transfer the domain away from Provider's Registrar account if the Client wishes to keep the domain.
JURISDICTIONS AND VENUE.
The parties agree that the Agreement was entered into in San Diego County, California, and if any litigation should arise as a result of either party's breach of the terms and conditions of this Agreement, venue and jurisdiction shall lie in San Diego County, California. Any litigation arising under this Agreement shall be determined in accordance with the law of the State of California.
Any notice required by this Agreement shall be made via electronic mail (email) to the Client's Primary Administrator.
Client and Provider agree to first negotiate disputes without seeking legal action. Both parties shall agree to only seek legal action if they are unable to reach mutual settlement.
In an action on this Agreement at law or in equity, the prevailing party shall be entitled to recover its legal expenses, including reasonable attorney's fees and costs, and including legal expenses incurred on appeal or in post-judgment collection.
Provider may modify this Agreement with 30-days' notice. Amendments to Provider's policies will also be published at https://condosites.com/policies.php.
This Agreement and any attachments hereto, which are explicitly referenced in the Agreement, constitute the entire Agreement and understanding between the parties and no statements, promises, or inducements made by any party hereto which is not contained herein shall be binding or valid.