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TERMS of SERVICE ("The Agreement")

As our "Customer", you and/or your company agree to the following:

GENERAL TERMS:
   Payments for Traffic Acquisition is due in advance.  Web site design, Search Engine Optimization and/or custom programming require 50% non refundable deposit. The remaining balance is due upon completion of services.  All subscription based services automatically renew upon expiration unless notice of cancellation is received by our office within seven days before the date of said subscription renewal. canceling YOUR SUBSCRIPTION WILL NOT CANCEL THE EXISTING PERIOD YOU'VE ALREADY PAID FOR. It merely cancels future automatic renewals. If you experience any problems with billing or anything else please contact us immediately.

Expiration: All proposals expire 5 business days after mentioned unless stated otherwise or agreed upon by both parties ( not including U.S. holidays ). Web site design, Search Engine Optimization and Programming set-up fees (deposit) are non-refundable even if the contract or service is cancelled.  Requests for refund or any other billing dispute requests must be delivered in writing by the US Post Office.  Cancellations of service requires written notice delivered by US Post Office or Fax machine (retain your fax record as receipt).

Attorney’s Fees: You or Your company agree to pay reasonable attorney fees and any other reasonable fees required to enforce all terms and conditions of this contract. In addition, you or your company agree to reimburse budzsoft any amounts billed on behalf of collecting on delinquent payments or required to enforce the payment terms of this contract.

Right to Remove: You or Your company also acknowledge and agree that budzsoft can suspend or remove your Web site design, Search Engine Optimization, Traffic Acquisition and or Custom Programming if; (i) budzsoft has not received all fees relating to the payment of services rendered; and (ii) budzsoft believes, in its sole discretion that such services are in violation of any section of this agreement.

Disclaimer: You or Your company agree that budzsoft does not guarantee the effectiveness of your Web site design, Search Engine Optimization, Traffic Acquisition or Custom Programming and we expressly disclaim and exclude all express warranties and implied warranties of merchantability and fitness for a particular purpose. Nor can budzsoft guarantee impression rates, click-through rates, or search engine positioning.

Non-Payment of Fees: You or Your company also acknowledge and agree that budzsoft can suspend or remove Web site design, Search Engine Optimization, Traffic Acquisition or Custom Programming if; (i) budzsoft has not received all fees relating to the payment of services rendered; and (ii) budzsoft believes, in its sole discretion that such advertisements and services are in violation of any of the terms of this agreement. You or Your company further acknowledge and agree that budzsoft is not responsible for and cannot control the content of e-mail messages or fax messages sent to Customers by third parties who access your web page.

Checks:
Due to returned checks, we no longer accept them.

Interruptions in Service: budzsoft is not liable for any errors or interruption in service, whether within or outside of budzsoft’s reasonable control. Budzsoft can never be found liable for any consequential damages that may or may not arise out of an interruption in service whether by fault of budzsoft or by fault of another within budzsoft's control.  

Late Payments: Budzsoft Subscriptions and Traffic Acquisition services are due and payable in advance, we will bill for services up to 30 days in advance. All payments are due and payable within 5 business days (not including U.S. holidays) of notice by written invoice delivered by standard US post office mail or e-mail. You and your company agree to pay a late penalty fee equal to 1 1/2% of the monthly amount due, or the highest rate allowed by applicable law, on the unpaid balance for any amounts which exceed 5 business days. After 5 business days, budzsoft reserves the right to terminate service without any further warning or notice. You or Your company also agree to pay additional late fees according to the following schedule: Accounts which are over 10 business days outstanding are subject to an additional late fee of $150 to cover the cost of legal notice by our attorney. Accounts which are over 15 business days outstanding are subject to an additional late fee of $250 to cover the costs of collection.

Responsibilities- budzsoft makes no warranties, expressed or implied, regarding services provided. budzsoft is not responsible for any damages suffered from the use of our services, including but not limited to, loss of data, service interruptions and/or delays in service, or third party litigation.

Force Majeure - Budzsoft will not be liable or deemed to be in default for any delay or failure in performance under this Agreement resulting, directly or indirectly, from acts of God, lack of Internet Access or any other reasons commonly known as Force Majeure.

Last Updated: August 24, 2005
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