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2016 Service User Agreement

Last Updated:  February 27, 2016

This edition is valid until modified, edited and approved by convening board and posted publically on the company website found at http://www.cgcompuweb.com

The following describes the terms on which “CG Computer and Web Services LLC” offers you access to our site, services, and tools (including, but not limited to, mobile applications).

COMPANY:  CG Computer and Web Services LLC or CGCOMPUWEB known herein as the COMPANY.

USER: Guest, Subscriber, Affiliates and Customers of the Company known herein as “USER”

By signing Proposal and Work Order or showing consideration by making specified payments in the same you agree to the terms and conditions herein and by accepting this User Agreement, you agree that whenever you use our sites or services, or when you use the tools that are made available to you through our services you will abide by these conditions.

 Scope of Services.

The COMPANY agrees to perform the following services:

  • Develop Mobile APPS in accordance with the needs and specifications stated in the work order.
  • Create the Mobile APP and Launch within the following guidelines.
    • Android, HTML 4 to 5 business days
    • Apple 10 to 20 business days.
    • Maintain hosting services for duration of the Mobile APP as long as monthly hosting is paid.
    • Provide (May incur additional cost) Marketing plans if so desired by Mobile APP owner.
    • APP completion constitutes your business app being available for download on iTunes stores and play Google app stores.
  • The Company may provide ongoing marketing services at additional cost for labor and development.

The USER agrees to the following services:

  • Be able to form legally binding contracts to use our  sites and services.
  • Refrain from posting false, inaccurate, misleading, defamatory,  or libelous content in general or directed towards CG Computer and Web Services LLC.
  • User agrees to Pay for services in accordance and a timely manner as listed in the amounts agreed for hosting services and development charges.
  • User agrees to Provide logo, images, content and text to be used in dynamic and static content by email to info@cgcompuweb.com.

Remuneration / Payment / Reimbursement:

The USER shall pay the COMPANY for the services rendered as follows:

  • Initial Setup and Mobile APP Launch to specified Mobile Platforms: (i.e. Apple, Anroid)
    • 100% of the total invoiced may be paid at time of order.
    • Cost for initial setup and development range from $1,299 to $5,000.
    • Actual binary coding will be billed hourly at a rate of $125/hr if warranted.
    • You will receive and are entitled to a written agreement before commitments are made.
  • In lieu of full payment the following payment options may be exercised.
    • Minimum $500 of the total invoiced due at time of application, non-refundable once the initial Mock of the Mobile APP has been created and sent to USER for review.
    • Reimbursement Cancellation of setup FEE: 
      • Remaining balance due when USER has approved Mobile APP for:
        • Functions, color scheme and overall features.
        • Setup Fee and Initial invoice shall be payable by check, eCheck or cash.
        • As specified by sales agreement.
    • Monthly Hosting Fee: 
      • Payable by auto eCheck, debit or credit card automatic draft.
      • 20% discount applied if paid twelve (12) months in advance. (Fee x 12)(.80)=Amount Due.
      •  Initial setup fee (deposit) non-refundable.
      •  If failure to launch on APPLE market place the flat rate of $99 will be reimbursed.
      • USER may cancel hosting at any time with a 30 day  advance written notice.
      •  Canceled Hosting will not be prorated, cancellation commence with next calendar       month.
      • If Paid Annual, reimbursement will be limited to the remaining months reflecting the 20% discount, due to USER 30 days after receiving written notification of cancellation.
    • Dishonored Payments or Missed Payment of hosting Fees:
      • Dishonored checks and credit card charges will result in a surcharge of $25.
      • Missed payment 25 days late will disenfranchised (disconnect) Mobile APP.
  • Mobile APP will cease to function on the end-users smart phones.
      • If Mobile APP is disenfranchised there is a $80.   Surcharge to reconnect.
    • Site Dynamic Content Management:
      • User must submit all dynamic content be email to info@cgcompuweb.com.
      • All images and emails become the property of the Company for use in documentation.  Images, Personal information and data will not be sold, reused or in any manner exploited beyond the use within the Users Mobile APP except under specific written agreements.
      • A business mobile app is a marketing tool and as such is subject to constant changes modifications and updates.
        • The user has access and adequate training and guides to make these changes after the app is available to download.
        • Future changes in content and appearance are subject to additional charges if completed by the company.
      • We will not perform Art Graphic services – images will be used as provided by user and as received by us.
        • If Graphic Services are required they may be accomplished at additional charges.
      • To qualify you must have a current and paid up hosting account.
      • Additional service hours may be purchased at the current rate posted in pricing page.
    • Site Static Content and Mobile web changes:
      •  Mobile web site set up and integration are additional services and subject to additional charges.
      • May be done but may incur additional charges and are separate from the dynamic agreement  above.

Conflict of Interest or Contract Disputes.  Parties herein acknowledge that in the event of a dispute or disagreement.  Parties and Contract stipulations will be subject to Court Appointed Arbitration and under State of Florida laws.  The results of said Arbitration as directed in the Court of the County of Miami-Dade Magistrate offices will be final and without recourse.

Compliance with Laws. Parties herein agree to comply with all applicable local, state, and federal laws, regulations and binding agreements as herein stipulated.

Contractor’s Qualifications and Performance.   In accordance with the terms and conditions of this Contract, the Company represents that it is qualified to perform the services set forth herein and has obtained all requisite licenses and permits to perform the services. In addition, The Company agrees that the services provided hereunder shall conform to the professional standards of care and practice customarily expected of firms engaged in performing comparable work; that the personnel furnishing said services shall be qualified and competent to perform adequately the services assigned to them; and that the recommendations, guidance, and performance of such personnel shall reflect such standards of professional knowledge and judgment.

Obligations in Event of Termination:

  1. Upon termination of this Contract, all finished or unfinished documents, data, Mobile APP, and reports prepared by the Company pursuant to this agreement, shall remain the property of the Company.
  2. Upon termination of this agreement with or without cause, the USER shall promptly pay the Company for all services performed to the effective date of termination.

Title, Ownership.  Unless provided otherwise by law or The Company, title and possession of all data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Company shall vest with the Company at the termination of the Contract.

Ownership of the Unique Mobile APP code, registration and licensing shall remain with the unique mobile app store registration. (i.e. the named business of the mobile app software will own its own licensing rights)

Confidentiality/Privacy.   The PARTIES shall comply with all applicable state and federal laws and regulations relating to confidentiality and privacy. In addition, in the performance of this Contract, the Contractor may acquire or have access to “personal data” and become a “holder” of such personal data (as defined in Florida State Statues) or personal. Personal data and personal information shall be deemed to be “Personal Information.” PARTIES shall implement feasible safeguards to restrict access and ensure the security, confidentiality and integrity of all Personal Information owned, controlled, stored, or maintained by Company and provided to or accessed by Contractor in the performance of services irrespective of the medium in which it is held. The Contractor agrees that it shall inform each of its employees, servants or agents, having involvement with Personal Information of the laws and regulations relating to confidentiality and privacy.

 

The contractor or any agents thereof shall in not in any manner release, sell or manipulate any personal information acquired directly or indirectly to any party or entity for profit or otherwise.

Severability.   If any provision of this Contract is declared or found to be illegal, unenforceable, or void, then both Parties shall be relieved of all obligations under that provision. The remainder of the Contract shall be enforced to the fullest extent permitted by law.

Choice of Law.   This Contract is entered into in the State of Florida in the County of Dade, and the laws, without giving effect to its conflicts of law principles, govern all matters arising out of or relating to this Contract and all of the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement.

Forum Selection.   Parties agree to bring any action arising out of or relating to this Contract or the relationship between the Parties in the state courts of the State of Florida in the County of Dade which shall have exclusive jurisdiction thereof through Court appointed Arbitration. The parties expressly consents to the jurisdiction of the State of Florida in the County of Dade Arbitration in any action brought by either Party arising out of or relating to this Contract or the relationship between the Parties, as final and waiving any claim or defense that such forum is not convenient or proper. This paragraph shall not be construed to limit any other legal rights of the Parties.

Indemnification of Company.   The USER shall defend, indemnify, and hold harmless the Company, its Trustees, Officers, servants, and employees from and against any and all claims, liability, losses, third party claims, damages, costs, or expenses (including attorneys’ and experts’ fees) arising out of or resulting from the performance of the services performed or offered of product made through the Mobile APP by USER to its customers, clients or constituents.  The extent of this Contract of indemnification shall not be limited by any obligation or any term or condition of any insurance policy. The obligations set forth above shall survive the expiration or termination of this Contract.

Entire Agreement. The Parties understand and agree that this Contract and its attachments or amendments (if any) constitute the entire understanding between the Parties and supersede all other verbal and written agreements and negotiations by the Parties relating to the services under this Contract.

Notice. Unless otherwise specified, any notice hereunder shall be in writing addressed to the persons and addresses indicated below (Name, postal address, phone, email address):

Ernesto L Gonzalez, Principal

Email:  ernesto@cgcompuweb.com // Phone: 305-250-84-02

335 W Laurel Dr. #7. Margate, Florida. 33063