The following terms and conditions apply to the services described on this web site and offered via "MyRugbySite.com" (collectively "The Services"):
- Authorization. By purchasing the Services, you are engaging MyRugbySite.com as an independent contractor for the specific project of developing and/or improving a web site. The client hereby authorizes MyRugbySite.com to access the existing hosting account, and authorizes the web hosting service to provide MyRugbySite.com 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.
- Site Content. All services provided by MyRugbySite.com may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is with "adult only" content, or material, protected by trade secrets and other statute. Pornography and sex-related merchandising are prohibited. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity, violence or content that may be damaging to our servers or any other server on the internet. Links to such material are also prohibited. Examples of non-acceptable content or links: pirated software or MP3 files of copyrighted material, hacking programs or archives, warez sites, pornography, spamming software. MyRugbySite.com will be the sole arbiter as to what constitutes a violation of this provision.
- Web Hosting and Domain Name Registration. MyRugbySite.com will provide all required web hosting including one (1) domain name and unlimited e-mail accounts. The basic hosting package includes 1000 MB of storage space. All aspects of your account (i.e. web site, e-mail and databases) must be maintained within in this limit. The basic hosting package also includes 20 GB/month of data transfer (i.e. network traffic). All aspects of your account (i.e. web site, e-mail and databases) must be maintained within in this limit. Data transfer in excess of this limit will be billed monthly at a rate of $10/GB. If your account exceeds either of these limits for three (3) consecutive months, you will be automatically upgraded to our advanced hosting package ($998/year, 10,000 MB storage space, 200 GB/month data transfer) and invoiced for the increased rate, pro-rated for the remaining term of the contract. Additional domain names will be billed at a rate of $99 per year.
- Proposal and Completion Date. MyRugbySite.com and the client will work together to complete an accurate and detailed proposal of the project prior to contract acceptance and payment of the deposit by the client. MyRugbySite.com and the client must then work together to complete the web site in a timely manner. We agree to work expeditiously to complete the web site on schedule, as specified above.
- Payment of Fees. (i) Fees to MyRugbySite.com are due at time of purchase and include all services added to your shopping cart. All payments will be made via this web site in US funds. (ii) An annual fee of $499 is required to maintain your site as part of our service. Each client will be billed annually for this fee. If an amount remains delinquent 30 days after its due date, an additional 5% penalty on the overdue balance will be added for each month of delinquency. MyRugbySite.com reserves the right to remove web pages and/or the web site from viewing on the Internet until final payment is made. (iii) If the client halts work and applies by registered letter for a refund within 30 days of signing this proposal, work completed shall be billed at the hourly rates stated below and deducted from the payment; the balance shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the payment, the client shall be liable to pay for all work completed at the hourly rates stated below. (iv) No portion of this payment will be refunded unless written application is made within 30 days of signing this contract.
- Maintenance and Hourly Rate. Content and layout updates are not included unless specifically purchased as an add-on to the Starter Packages. Changes requested by the client in addition to those described in the Starter Package will be billed at the hourly rate of $125.00 (layout/design/programming) or $75.00 (content updates). This rate shall also govern additional work authorized beyond the maxima 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 content management system.
- Assignment of Project. MyRugbySite.com reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
- Sole Agreement. The agreement contained in this proposal constitutes the sole agreement between MyRugbySite.com and the client regarding this web site. Any additional work not specified in this contract must be authorized by a written change order.
- Legal Details. (i) Liability Waiver: MyRugbySite.com does not warrant that the functions contained in the web site will meet the client's requirements or that the operation of the web site will be uninterrupted or error-free. The entire risk as to the quality and performance of the web site is with the client. In no event shall MyRugbySite.com 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 the web site, even if MyRugbySite.com has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. (ii) Copyrights and Trademarks: (a) The client represents to MyRugbySite.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MyRugbySite.com for inclusion in the web site 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 MyRugbySite.com and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. (b) Copyright to the finished assembled work of web pages, graphics and services provided by MyRugbySite.com is owned by the client unless otherwise noted. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners/creators. MyRugbySite.com and its subcontractors retain the right to display graphics and other Web design elements, or to use sample source code, as examples of their work in their respective portfolios. (iii) Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflicts of laws provisions. You hereby agree and consent that the sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this agreement shall be an appropriate provincial or federal court located in the Province of Ontario. (iv) General Public License: The Mambo/Joomla! family of content management systems described in the proposal is licensed by MyRugbySite.com under the GNU General Public License. As such, no charge has been accrued for the provision of this software to the client and no warranty is provided.