In this service agreement, the words “you” and “your” mean the person who has accepted this agreement. The word “we,” “us” and “our” mean Dynamic Website Services, Inc, a Tennessee Incorporated Company. If you currently have an active domain name hosted by another hosting company, you hereby authorize us to request for the transfer of your domain or DNS server to the hosting company that we use, so that the new website we will design for you can be hosted by the hosting company that we use.
If you currently do not have a registered domain name for your website, we can help you search for a domain name that will suite your website and we will inform you about the available domain names, so that you can make a selection.
Before we begin designing your website, we ask that you choose an account set up package that fits your need and budget. The price for each of the account set up packages listed in the “Website Design Page” has to be paid in full, so that a new account can be established for the domain name of your choice with the “website hosting” company that we partner with. The Account Set fees can be paid here online, by personal check, business check, cashier’s or money order payable to :
Dynamic Website Services, Inc.
2479 Murfreesboro Road, #333
Nashville, TN 37217
Further, once we finish designing and publishing your new website to your satisfaction, we ask that the full amount for the website design plan of your choice be paid in full within 10 business days from the date your website is finished and published.
Late payment will incur an additional 5% late fee per month. If you need payment arrangement for the website design, we can work with you.
TERMS AND CONDITIONS:
1. Bank Charges: You will not hold Dynamic Website Services or our agents responsible for any fees due to insufficient funds in your bank account or other fees that you may incur as a result of returned checks.
2. Contact Information: You authorize Dynamic Website Services, Inc and its service providers to contact you at the telephone numbers on page 1 of this Service Agreement and to leave live and recorded voice messages for you at those numbers.
3. Assignment: You may not transfer or assign this Service Agreement without the written consent of Dynamic Website Services, Inc. Dynamic Website Services, Inc may assign or transfer this Service Agreement at anytime. Subject to the forgoing, this Service Agreement will be binding on you and Dynamic Website Services, Inc each of your successors and assigns.
4. Arbitration and Waiver of Certain Rights: Arbitration is a process in which a person with a dispute: (a) waives his/her rights to file a lawsuit and proceed in court and to have a jury trial to resolve his/her disputes, and (b) agrees, instead to submit his/her dispute to a neutral third party (an “arbitrator) for a decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator.
Any Dispute by either your or Dynamic Website Services, Inc against the order, or against employees, agents or assigns or the other, will upon election by either you or, Dynamic Website Services, Inc be resolved by binding arbitration, including the applicability of this arbitration provision or the validity of the entire Service Agreement
Regardless of who selects arbitrations, you will have the right to select either of the following arbitration organizations to administer the arbitration: American Arbitration Association (“AAA) (1-800-778-7879) or National Arbitration Forum (1-800-474-2371).
Each party also hereby waives its rights to (1) serve as a private attorney general, (2) join or consolidate any dispute such person may have with that or another person against the other party, and (3) serve as a member or representative of a class of persons in connection with any dispute arising from or related to this Service Agreement, regardless of whether such dispute is brought before an arbitrator or in a court of law. Each party specifically waives his/her right to receive an award or recovery brought on such basis. This paragraph is referred to herein as the “Class Action Waiver”
5. Governing Law: The arbitration of this Service agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Act to the fullest extent applicable, or if found to be inapplicable by a final non-applicable judgment, then by the Tennessee Uniform Arbitration Act. Except for the foregoing, this Service Agreement will be govern by the interpreted in accordance with the substantive laws of Tennessee, without regard to its conflict of laws principle.
6. Venue: Any proceeding arising out or relating to this Service Agreement may be brought in a court of law in accordance with this Service Agreement in the General Sessions Court of Nashville, Davidson County, Tennessee or an equivalent small claims court in Tennessee, or if the amount in controversy exceeds the jurisdiction of such courts, then the Chancery Court of Davidson County, Tennessee, or in the Federal Court for the Middle District of Tennessee.
7. Attorney’s Fees: The prevailing party in any action arising from or in connection with the subject matter of this Service Agreement, regardless of whether such action is brought in arbitration or in a court of law, will be entitled to recover its reasonable attorneys’ fees and costs.
8. Copyright: You hereby expressly state that you have copyright to the pictures, logos, text materials, audio, and videos that you have provided to us, and you are giving us the permission to include the same materials on your new website.
9. Agreement: Representing that I have read and understand this Service Agreement and that I am voluntarily choosing to enter into this Service Agreement on the Terms and Conditions contained herein.
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