Architectural Cladding Services, Inc/ curtainwall.com Service Agreement
This agreement is made the day of the application, between Architectural Cladding
Services, Inc/ curtainwall.com and the named Client, be it a person or a business entity
of any manner and as defined further by the listed domain directory. Architectural
Cladding Services, Inc/ curtainwall.com and Client agree as follows:
Services: In consideration for the payments to be made by Client pursuant
to the terms of this agreement, Architectural Cladding Services, Inc/ curtainwall.com will
provide to Client reasonable and reliable service as defined by the agreement. Hosting of
web pages and advertisements shall be operated seven days a week/twenty-four hours a day,
and shall hereby be referred to as Services. The Services provided by Architectural
Cladding Services, Inc/ curtainwall.com are subject to all of the terms and conditions of
this agreement.
Advertising spaces are offered on a first come first pre-paid basis. Space availability, size, terms, fees, and additional conditions are posted on the web site. This Agreement shall encompass all advertising opportunities and web affiliated services as offered and described on the web site of curtainwall.com . Banner ads and logo ad sizes are noted on the web site. A text line shall be defined as 125 characters, including punctuation and spaces.
We reserve artistic liberty with all advertisements, text content, positioning, colors,
font usage, lay-out, design, and all content whatsoever on curtainwall.com . The
Client hereby releases and grants all artistic judgement to curtainwall.com .
Service Restrictions: Architectural Cladding Services, Inc/
curtainwall.com is a Free Speech Blue Ribbon Supporter but reserves the right to deny and
refuse service for any reason. The Client understands that "Acceptable Content"
shall be governed by and established by Architectural Cladding Services, Inc/
curtainwall.com and that our definition of "Acceptable Content" may be modified
at any time. It is stated that Architectural Cladding Services, Inc/ curtainwall.com
reserves the right to deny, restrict ,or alter service if the Client is suspected of or
accused of any illegal activity or violation, and has the right to do so without refund to
Client. In the event that Client violates any Service Restrictions or this agreement,
Client shall indemnify and hold harmless Architectural Cladding Services, Inc/
curtainwall.com and its owners, directors, officers, shareholders, employees, agents, web
designer, programmers and contractors from and against any and all allegations, claims,
expenses (including all reasonable attorney's fees), liability or suits made, threatened
or brought in relation to or arising from such violation or from the content of the
Client's web pages/site.
The Client agrees that the web page/site content shall not constitute libel or defamation
of character; infringe on any copyright, trademark or patent; nor shall it promote or
conduct any illegal activity of any sort; nor shall it violate any trade secret or other
intellectual property right of Architectural Cladding Services, Inc/ curtainwall.com or
any third party; nor shall it break any federal, state, or local law, regulation or
ordinance, including those pertaining to obscenity, applicable in an area where the
content can be viewed or retrieved.
Without the prior written consent of Architectural Cladding Services, Inc/ curtainwall.com
, Client shall not transfer or make the Services available to any third parties for any
reason, including, but not limited to, commercial or fee generating activities. Client
shall not assign or otherwise transfer its rights or obligations under this agreement
without the prior written consent of Architectural Cladding Services, Inc/
curtainwall.com. Any attempted assignment or transfer without the consent of
Architectural Cladding Services, Inc/ curtainwall.com shall be deemed void. Any permitted
assignment or transfer hereunder shall not relieve Client of its obligations under this
agreement.
Payment, Suspension, and Cancellation: All payments are to be made in
United States Dollars. Returned checks shall
incur a $20.00 service charge and the check and the service charge must be paid before the
check is released. Bad checks not
paid in full within thirty (30) days shall be turned over to the authorities. A 1.5%
monthly finance charge shall be applied to all
unpaid balances. A $5.00 late fee shall be applied five days after the failure to pay by
the invoice due date. All accounts must
remain pre-paid by at least one full month. Failure to keep your account current may
result in service interruption and/or posted
notice of service interruption. Architectural Cladding Services, Inc/ curtainwall.com may
cancel this agreement and the Services without notice upon Client's failure to pay any
amounts invoiced within thirty (30) days after the date of the invoice. Upon Architectural
Cladding Services, Inc/ curtainwall.com determination, in its reasonable discretion, if
Client has used the Services fraudulently, unlawfully or abusively, and has failed or
refused to cease such fraudulent, unlawful or abusive use within three (3) days after
notice thereof, or, at any time after such notice is given, Architectural Cladding
Services, Inc/ curtainwall.com may terminate services. No suspension or termination
of Service shall excuse Client from its monthly payment obligation or balance of account
due.
Limitation of Liability: In no event shall Architectural Cladding
Services, Inc/ curtainwall.com be liable for any indirect, incidental or consequential
damages arising out of or in relation to this agreement or the Services, including, but
not limited to, damages incurred by Client resulting from loss of data, restricted access
delays, nondeliveries, misdeliveries or interruptions in Service, regardless of the cause
or damages produced. interrupted, delayed, nor for any damages incurred.
Architectural Cladding Services, Inc/ curtainwall.com shall have no responsibility for
failure to backup, or loss of, any of Client's data, for any reason. All items on
curtainwall.com is the sole property of curtainwall.com and the sole remedy of the Client
shall be a possibility of a refund or credit, at our discretion, for delayed services.
Architectural Cladding Services, Inc/ curtainwall.com shall not be considered in default
of its obligations hereunder if performance of such service obligations are prevented or
delayed by acts of God or government, war, riots, acts of civil disorder, weather,
communication or telecommunication equipment failure or service interruption, electrical
equipment failure or service interruption, labor disputes, failure or delay of
transportation, or any other causes beyond the direct control of Architectural Cladding
Services, Inc/ curtainwall.com.
Term of Agreement: Client's service will be determined per the posted
services offered on curtainwall.com. No refunds will be given under any
circumstance.
Notices: All notices given by any party or required under this agreement
shall be in writing and addressed to the relevant party
at the following location: Architectural Cladding Services, Inc., 4372 Casa Brizilia,
Suite 302, St. Louis, Missouri 63129 (314-894-4600) Facsimile Number: (314)
892-7989. Any such notice shall be deemed given when deposited in the United States mails,
postage prepaid, first class mail and addressed to above, or if sent by facsimile
transmission, receipt confirmed, to the facsimile number given above. Any such address or
facsimile number may be changed by notice to the other party of this agreement.
Warranty and Disclaimer of Warranties: Placing your web pages, link, or
advertisement with Architectural Cladding Services, Inc/ curtainwall.com does not warrant
or guarantee any sales or responses to the information you have placed onto the Internet.
We do not screen viewers or respondents in any manner. Architectural Cladding Services,
Inc/ curtainwall.com, it's employees, owners, web designer, graphic artists, and
associates are not responsible for the type of people or entities that may contact you,
nor your actions or their actions. You are strongly advised to be cautious and to fully
research the people and entities that you encounter. In accepting this agreement you waive
all responsibility (legal, moral, financial and otherwise) from Architectural Cladding
Services, Inc/ curtainwall.com, it's employees, owners, web designer, and associates of
any and all association and occurrences that may or may not occur. Architectural Cladding
Services, Inc/ curtainwall.com exercises no
control whatsoever over the content, accuracy or quality of the information passing
through its network or any products ordered or sold by Client via its network. The
Services and any information or products obtained by Client through our Services are
provided "AS IS" without any warranties whatsoever, express or implied. The
warranties of merchantability and fitness of the Services, such information and products
for a particular purpose are hereby specifically disclaimed.
Waiver: The Client hereby waives any and all legal, moral, criminal, and
copyright responsibility from Architectural Cladding Services, Inc/ curtainwall.com, it's
owners, web designers, employees, and associates. The Client understands and accepts all
legal, moral, criminal, copyright, and associated repercussions of their actions in
placing any text, video, images, sound bytes, or any other matter to be transmitted over
the Internet. The Client hereby states that Architectural Cladding Services, Inc/
curtainwall.com, it's owners, employees, and associates are not responsible in any manner
for the topics, subject matter, content, materials placed, products sold, services sold,
comments made, or any other issue concerning the
Client's web pages, sites, advertisements, links, or content thereof and waives all
responsibility from Architectural Cladding Services, Inc/ curtainwall.com and it's owners,
employees, web designers, and associates from any connection to the Client's actions and
concerns of the web site or pages placed along with all associated activity. The Client
releases and discharges Architectural Cladding Services, Inc/ curtainwall.com, it's
associates, owners, designers, and employees from any and all claims
and demands arising from or in conjunction with use of any and all images, including
video, audio, advertising, banners,
animations, logos, alterations of all sorts, and photography of all sorts, and the claims
of service or products.
Severability and Binding Arbitration: All disputes between Client and
Architectural Cladding Services, Inc/ curtainwall.com, and respective assigns, attorneys,
and successors of any kind whatsoever, arising from the transactions of this agreement
shall be resolved by arbitration in accordance to the rules of the American Arbitration
Association. Arbitrable claims shall include, but are not limited to, tort and contract of
all kinds, and all claims based on federal, state, or local statute, laws and regulations.
Arbitration shall be final, binding and the exclusive remedy for all parties for all
claims with the fees of the arbitrator being paid for by the losing party, as determined
by the arbitrator. If any provision of this agreement is held by a court of competent
jurisdiction or by approved arbitrator to be contrary to law, the remaining provisions of
this agreement will continue in full force and effect. ALL PARTIES WAIVE ANY RIGHTS THEY
MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS.
This agreement represents the complete agreement and understanding of the parties with
respect to the subject matter herein, and supersedes any other understanding, written or
oral. This agreement may be amended from time to time by written work orders or purchase
orders attached as Schedules to this agreement, which may change the scope and description
of Services and, correspondingly, the amount of the payment. All such amendments shall be
subject to the terms and conditions of this agreement as amended thereby.
The parties represent and warrant that they have full corporate power and authority to
execute and deliver this agreement and to perform their respective obligations hereunder,
and that the person whose signature appears on the application is duly authorized to enter
into this agreement on behalf of the party whom they represent. Payment for service and
signature on the Application represents approval, understanding and agreement to all terms
and conditions set forth in this agreement.
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Services: __________________________________________________________________________________
Architectural Cladding Services, Inc/ curtainwall.com
Printed Signatory ______________________________________________ Title
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Signature______________________________________________ Date ________________________