Please read these terms and conditions as they form a legal and binding agreement ("Agreement") between you (the "Client") and this website ("Company"). This online service service is provided by the Company strictly in accordance with these terms and conditions. Client may elect to sign-up for a number of different services offered by the Company which may all have differing service fee structures. These different services and corresponding fee structures are all detailed on Company Catalog and billed on Client Invoice aware that they will be charged individually for each and every service.

In consideration of the mutual covenants set forth in this Agreement, Client and Company hereby agree as follows:

1. Billing & Payment:
   • Billing Cycle is a Calendar Quarterly Billing thus ongoing services are billed quarterly.
   • Payments will be due on Quarterly basis- Payment may be made by:
     • Recurring Pay / Automatic Withdraw pay method, or
     • Company check payable to Link2City Inc and mailed to address listed below, or
     • Online payment by going to : http://link2city.com/pay
     • Payment Due on the 25th of the month prior to the start of the Quarterly Service
     • Billing Schedule:
       1. 1st Qt Payment Due on Dec 25th for Jan., Feb. and March.
       2. 2nd Qt Payment Due on Mar 25th for Apr., May and June
       3. 3rd Qt Payment Due on June 25th for Jul., Aug. and Sep
       4. 4th Qt Payment Due on Sep 25th for Oct., Nov. and Dec
2. Late Payment
   • Payment not received 5 days after due date will incur $25 late fee
   • If payment not received 30 days after due date account is subject to deactivation
   • Account reactivation is subject to setup fees equal to current setup fees
   • Unpaid fees will incur additional 10% fee per month after the first of the month
      
3. Duration modification/ Termination
   • All our Ongoing Services are available for 3, 6, 9 or 12 months service duration.
   • Client may signup for any of the 4 service duration plan for any of the programs.
   • The only difference between shorter versus longer terms is the Service fee per month. Shorter term monthly fees are higher than longer terms agreement.
   • With the exception of 3 months service agreements; 6, 9 or 12 months service agreement may be revised at anytime to a shorter term.
   • If an agreement is revised to a shorter term – service monthly fees (used & remaining) will be adjusted and a recalculated to equal monthly fees of the shorter term; as if the Client service agreement was for the shorter term period from start- calculations will be done accordingly to the schedule below.
   • Any Discounts / Complimentary Services extended as courtesy to the longer term agreement will be added back to Agreement Fees.
   • To modify the duration or terminate this Agreement a 30 days written notice via certified mail or confirmation email return is required.
   • Shorter Terms Monthly fees in relation to Annual fees:
     1. 1 Quarter :  Multiply Ongoing Fees above times 46%
     2. 2 Quarters: Multiply Ongoing Fees above times 23%
     3. 3 Quarters: Multiply Ongoing Fees above times 10%
4. Service Modification:  The services may be modified to better serve client needs. In such case the regular Billing/ Invoicing will always reflect the current services performed and appropriate billing for such services. Invoice does not modify any other terms of this agreement.
5. Terms:
   • Price quoted is based on the client service request & is limited to project hours assigned to each service by company based on such direction requested by client.
   • In the case of web design service- the main design will be completed based on the client’s direction and published for the client to review. The client will review the agreed design and will be given the opportunity to do one time modification within the constraints of the selected design constraints and number of hours included with the design Plan purchased. Approved design will be used for all the website pages.
   • If client modifications require additional hours than the project included hours then additional fees will be incurred to cover the additional hours.
   • Project fees for any services or Plans are not refundable, regardless of the length of time the service or Plan is used by the Client.
   • Company or any of its affiliates have the right to pursue default accounts as deemed necessary by company, federal and state laws. If initial no action taken by Company or any of its affiliates this will doesn’t mean legal collection efforts will not be pursued the future. Client will be responsible for legal, late fees, service fees, and collection fees associated with any and all collection efforts made by Company or any of its affiliates / agents.
   • Renewal of Ongoing Services shall automatically renew for additional period equaling agreement period unless either client or company gives the other a written notification of its intent not to renew this agreement. This notice is to be given at least thirty (30) days prior to the expiration of the Agreement Term.
6. Project Content: Client will provide company with all content (logos, image, text, PDF, etc) in ready electronic format (email, CD, FTP, etc.). Proper format to be provided:
   • Text Content provided by client must be in txt or doc format and include the font (size, color and style), spell, grammar; layout, etc intended to be used. Unless otherwise stated text used on the website will be Ariel, Black and 10 or 12 points.
   • Image Content provided by client must be in gif, jpg or jpeg format. Web design plans include re-sizing and cropping of images; and does not include creating, correcting resolutions (caused by re-sizing), changing color, etc; such graphic work is done for additional fee. 
   • PDF Content will be used as PDF. Project does not included extraction of images, text, etc; from PDF to be used as text or images. Additional fees will be incurred by client to harvest such from a PDF to format requested by client.
   • Client warrants that all content given is legally owned or licensed to Client. 
   • Client agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the Website, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by Client’s products/services, material supplied by Client, copyright/trademark infringement, and defective products sold via the Website. Further, client agrees to indemnify Company from responsibility for problems/disruptions caused by 3rd party services that the client may use such as merchant accounts, shopping carts, shipping, hosting services, real time credit card processing and other services that relate to the ownership and operation of the Website or multimedia project.
7. Ownership:  Any image, content, script, service or element not supplied or paid for by client remains the ownership of the company. Company will only grant Client a non-exclusive right to use such material. Client has No Right to assign, sell, modify and transfer such content.
8. Confidentiality:  Client and Company acknowledges and agrees to keep all information that is exchanged within a project as highly confidential and cannot be disclosed whatsoever.
9. Limited Warranty and Limitation on Damages:  Company warrant the Services will conform to the Specifications.  30 days warranty is given on all work to be functional and bug free. Otherwise Company shall be responsible to make necessary corrections without unreasonable delay, at Company sole expense and without charge to Client.  This warranty shall be the exclusive warranty available to the Client.  Client waives any other warranty, express or implied.  Client acknowledges that Company is not responsible for the results obtained by the Client on the Website. Client also acknowledges that Website will work and look differently based on different platforms and personal PC settings and resolution.  Client waives any claim for damages, direct or indirect. Company liability to Client and any end user of any Plan or other Company service is limited to the amount paid to and received by Company for the specific service. In no event shall Company be liable to Client, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Company has been advised of the possibility of such damage.
10. No responsibility for loss: Hosting and email service doesn’t constitute storage service. Company is not responsible for any down time, lost files, improper links or any other loss that may occur. Client is responsible to keep all copies of web data and files hosted on Company server. Unless storage, maintenance, etc services are offered any of the above remedies will be solely at client expense.
11. Identification of Company: Client agrees that the Company identification may be annotated within the code. Client also agrees to put Powered By Company copyright notices on the Website.
12. Relation: The relationship between Company and Client is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Client has no authority, apparent or otherwise, to contract for or on behalf of Company, or in any other way legally bind Company in any fashion, nor shall Client be authorized to make any representations about Company or its services other than to set forth Company 's responsibilities as outlined in this agreement. Client can not solicit the company's employees for employment, freelance; etc for at least 6 months after employee severs relations with company.
13. Provision: If any provision of this Agreement or the application thereof to any person or circumstances shall, for any reason and to any extent, be invalid and unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
14. Entire Agreement:  This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.  Company makes no other claims, warranties, guarantees or responsible for any damage with respect to the services it provides, expressed or implied. Jurisdiction over any disputes arising under or pertaining to this agreement or to the services rendered by company pursuant to this agreement will be limited exclusively to the courts and laws of Miami, Florida without regard to conflict of laws principles.
15. Governing Law:  This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.  Exclusive jurisdiction and venue shall by in the Miami-Dade County, Florida superior courts. 
     

 TheBy using Company Services you have read, understood and agree to the above terms and conditions.

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