Terms & Conditions
1. QUOTATION. A quotation not accepted within thirty (30) days is subject to review.
2. CONDITION OF CONTENT. Upon receipt of original copy, artwork, databases or any digital files, should it be evident that their condition differs from that which had been originally described and consequently quoted, the original quotation shall be rendered void and a new quotation issued.
3. ALTERATIONS. Alterations represent work performed in addition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request.
4. CUSTOMER’S PROPERTY. Vihn.net will maintain fire, extended coverage, vandalism, malicious mischief, and sprinkler leakage insurance on all property belonging to the customer, while such property is in Vihn.net’s possession; Vihn.net’s liability for such property shall not exceed the amount recoverable from such insurance. Customer’s property of extraordinary value shall be insured through mutual agreement.
5. EXPERIMENTAL WORK. Experimental or preliminary work performed at the customer’s request will be charged for at current rates and may not be used until Vihn.net has been reimbursed in full for the amount of the charges billed.
6. CREATIVE WORK. Creative work, such as design drafts, sketches, copy and all preparatory work developed and furnished by Vihn.net shall remain their exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by Vihn.net, and not expressly identified and included in the selling price.
7. PRODUCTION SCHEDULES. Production schedules will be established and adhered to by customer and Vihn.net, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of Government or civil authority and acts of God or other causes beyond the control of customer or Vihn.net. Where production schedules are not adhered to by the customer, final project completion date(s) will be subject to renegotiation.
8. PAYMENT OBLIGATONS. Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. Incomplete projects that have been inactive for a period of sixty (60) days, will be closed and invoiced at the current hourly rate for total-to-date labor costs. Claims for defects or damages must be made by the customer in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications.
9. LIABILITY. Vihn.net’s liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any agreement, Vihn.net shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in Vihn.net’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and lien.
10. INDEMNIFICATION. The customer shall indemnify and hold harmless Vihn.net from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Vihn.net on grounds alleging that the said web site violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person’s right to privacy or other personal rights, except to the extent that Vihn.net contributed to the matter. The customer agrees, at the customer’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Vihn.net, provided that Vihn.net shall promptly notify the customer with respect thereto, and provided further that Vihn.net shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
11. PERFORMANCE. Vihn.net presents and warrants that Project or Work Product will be free from defects in workmanship and materials under normal use for a period of six (6) months, and (ii) that Work Product or Project will perform in accordance with those specifications defined in Exhibit A. (proposal)
12. SYSTEM ADMINISTRATION. Vihn.net monitors our internet connection and web servers 24 hours a day, 7 days a week. Our support staff is available from 8:00 AM - 5:00 PM, (Pacific Time), Monday through Friday. Vihn.net shall not incur any liability or penalty for outages due to energy failure, equipment breakdown, network outages, etc. that are beyond our control.
13. MONTHLY HOSTING & MAINTENANCE FEES. Services will be billed in advance at the beginning of each month for services the following month. Services will contiune on a month-to-month basis, unless otherwise requested. Fees are subject to change with 30 days notice regarding to existing customers.
14. WEB SITE TRANSFER OR CLOSURE. Upon receiving written request from customer, Vihn.net will transfer all HTML pages and images created for customer’s web site to a specified address. All proprietary and non-proprietary programming used on the web site will remain the sole property of Vihn.net.
Revised: 5/22/06. Terms & Conditions are subject to change at any time.
DISCLAIMER OF LIABILITY: VIHN IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION GIVEN OR DISCLOSED BY VIHN OR ON OR THROUGH THE VIHN NETWORK. ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL VIHN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE VIHN NETWORK, INFORMATION OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE SAME (OR ANY LINKED SITE), OR FOR ANY INFORMATION OBTAINED FROM VIHN, THROUGH THE VIHN NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE VIHN NETWORK OR INFORMATION, THE INTERNET GENERALLY, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF VIHN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EXCEPT TO THE EXTENT INJURY IS CAUSED BY THE DELIBERATE OR GROSSLY NEGLIGENT CONDUCT OF VIHN OR ITS PERSONNEL. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN VIHN’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE CHARGES BILLED BY VIHN TO THE CLAIMANT DURING THE MONTH OR MONTHS SUCH DAMAGES WERE INCURRED. SPECIFICALLY, AND WITHOUT LIMITING THE SCOPE OF THE OTHER LANGUAGE IN THIS PARAGRAPH, BECAUSE OF THE INHERENT UNPREDICTABILITY AND VARIABILITY OF VARIOUS COMPUTERS AND SYSTEMS, VIHN CANNOT CONTROL THEIR PERFORMANCE, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE OPERATION OR NONOPERATION OF COMPUTERS AND SYSTEMS OF USERS OF THE VIHN NETWORK AND INFORMATION FROM VIHN; THAT IS, IF YOUR SYSTEM OR ANY PART THEREOF FAILS FOR ANY REASON, REPAIR OF THE SAME AND RESPONSIBILITY FOR ANY RESULTING INJURY LIES SOLELY WITH YOU, AND NOT VIHN. AS USED IN THIS PARAGRAPH, THE FOLLOWING TERMS HAVE THESE MEANINGS: "INFORMATION" MEANS ANY INFORMATION, MATERIAL, APPARATUS, PRODUCT, ADVICE, SOFTWARE, SERVICE OR PROCESS; "VIHN" MEANS VIHN.NET AND ITS OWNER, MLS, INC.; "VIHN NETWORK" MEANS ALL SYSTEMS, SERVICES AND WEBSITE (INCLUDING BUT NOT LIMITED TO ALL PARTS THEREOF, LINKS PROVIDED THEREIN, CONTENT OF LINKED SITES, AND WEBSITE HOSTING) CREATED OR PROVIDED BY VIHN.
