E-Commerce Of Austin Project Terms of Service

A “Project” is defined as any service provided by e-Commerce of Austin such as the Website Pro Package, any Add-ons such as shopping cart, blog, forum installation, etc., Custom Services or Web Hosting reseller services.

Purchaser of e-Commerce of Austin (“EOA”) services shall be known as the “Client.”

A Project starts as soon as the Client remits a minimum of 50% of the total Project cost and is received by EOA, either through it's on-line store or check by mail. The balance in full is due upon final Project delivery.

Website Pro Package :

The Website Pro Package is only available to those Clients who's web hosting service supports the LAMP environment (i.e., Linux, Apache, MySQL and PHP). The Client must confirm with their existing web host administrator to see if their web hosting account is LAMP compliant. The Client, at no extra cost, may also have EOA speak with their web host to confirm LAMP compliance.

The following items come standard with each new Client website:

• Customized layout w/ Client logo and color scheme*
• Five menu items configured including resulting pages**
• Ability to create and edit content via web-based WYSIWYG HTML editor***
• User registration and restriction based on user level
• Simple blog
• Simple Contact Us form
• Ability to display home page content dynamically
• Ability to display your latest or most read content dynamically
• Built in site search functionality
• RSS syndication plus newsfeeds from other sites
• Ability to email registered users
• Create and administer polls
• Detailed site traffic statistics
• Email a friend, PDF and print capability
• Complete site maintenance via frontend or password protected backend administrator

While standard, the Client may or may not choose to utilize any or all of the above features. The Client assumes responsibility of configuration beyond what is included in this package.

A Project Assessment will take place between EOA and the Client to define specific requirements such as site layout/design*, menu items**, etc. The Assessment will take place either by phone, in person (Austin, Texas only) or via email.

The Client is responsible for providing all images not included in the Website Pro Package. If additional images are required, it is assumed the Client has the appropriate licensing rights to use said images. If the Client chooses to use additional images, the Client may or may not be responsible for uploading images to their web server via the provided site Administrator application and inserted into content via the provided web-based WYSIWYG HTML editor. Or the Client may elect to contract EOA to upload and insert images into content at an hourly rate of $65 per hour. Should the Client require image creation or modifications, EOA can provide these services at a rate of $65 per hour. Please note the Client will never be charged for services that have not been authorized and approved by the Client.

* Templates will be used to provide a customized “look and feel” of the website including placement of Client supplied logo and incorporation of desired Client color scheme (maximum 3 colors). Two templates are included with standard installation of the Website Pro Package but EOA will provide a list of third-party resources of other available templates to choose from. Many of these templates are available for free while some may require a fee for use. The “look and feel” of the site will be addressed as part of the Project Assessment. Templates are provided as-is and every effort will be made to configure the template, within reason, to the Client's specifications. Please note it is possible to configure a template and site layout “look and feel” through the provided site Administrator application – a really powerful feature and included as part of this package. In many cases utilizing third-party templates to achieve the desired website “look and feel” is more than adequate. However, the Client may choose to contract EOA to design a website template from scratch. Custom template design is available at $65 per hour or negotiated at a flat fee.

** The creation and configuration of up to five menu items is included in this package. For example the Client may want links to Home, Services, FAQs, About and Contact Us pages. Creation of resulting pages is also included, excluding the authoring of content. For example, the Services menu item would link to a Services page where a list of Client defined service(s) would appear. The authoring of associated content of these services would be the responsibility of the Client. In other words, EOA does not write copy. Inserting of Client supplied, as-is images into these associated pages is also included in this package. If Add-on services such as a shopping cart, are part of the Project, those Add-on items will be configured and menu items added accordingly and covered by the cost of that service.

*** This package comes with a web-based what-you-see-is-what-you-get (WYSIWYG) HTML editor and accessed via the provided site Administrator application. The editor provides the Client the ability to create and edit their web page content. Beyond the five included pages, the Client is responsible for creating additional pages and content.

Add-ons:

Add-ons are only available in conjunction with the Website Pro Package. Clients who do not purchase a Website Pro Package or who's website is not compatible with a Website Pro Package may still obtain similar add-on functionality through EOA Custom Services.

A Project Assessment will take place between EOA and the Client to define specific Add-on requirements. The Assessment will take place either by phone, in person (Austin, Texas only) or via email.

Purchase of Add-on includes installation and configuration. Configuration for some Add-ons may be limited in scope. For example, the Shopping Cart Add-on is limited to configuration of seven products by EOA. The Client will be responsible for configuring Add-on items not included as part of initial installation and configuration. Again, using the Shopping Cart example, if the Client has ten products they wish to sell, seven will be configured by EOA and configuration of the remaining three would be the responsibility of the Client or the Client may choose to contract EOA at a rate of $65 per hour, to configure all products not included in initial Add-on installation.

Limitation of Liability

In no event will EOA be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if EOA or its authorized representatives have been advised of the possibility of such damages, or (II) any claims attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Client. In such states EOA liability is limited to the greatest extent permitted by law.

EOA makes no representations whatsoever about any other website which the Client may access through this one or which may link to this Site. When Client access a non-EOA web site, please understand that it is independent from EOA, and that EOA has no control over the content on that website. In addition, a link to an EOA web site does not mean that EOA endorses or accepts any responsibility for the content, or the use, of such website.

Indemnification

Client agrees to indemnify, defend and hold harmless EOA, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by Client or any other person accessing the Service.