| |
|
|
Customer Agreement
|
| |
Domain:  |
| |
| By and between |
| serineni.com,
and
("Customer") |
| In consideration of the mutual covenants
herein, the parties agree to the following, which shall
apply during the term of this agreements. |
| |
|
DEFINITIONS |
| |
- "Plans" means proposals for offering various
services to be provided by serineni.com , as
listed online at: http://www.serineni.com/.
"Plans" does not include the use of serineni.com's
trademark.
- "Customer" means an end user who is utilizing
services provided by serineni.com.
|
|
ORDER ACCEPTANCE,
PAYMENT |
| |
- All orders are subject to acceptance by serineni.com
. An order will be deemed accepted by serineni.com
when written confirmation of the order is sent
to Customer. serineni.com may refuse
to accept any order, or delay acceptance pending
fulfillment of conditions serineni.com
may choose to impose. Such refusal or such conditions
may not be unreasonable, however, and serineni.com
agrees to provide Customer with reasonable notice
via Email or fax of any intent to delay or decline
the acceptance of any order.
- Payment and Terms: Payment shall be made in
US dollars to serineni.com into the account
designated by serineni.com , or as may
otherwise be agreed in writing by the parties.
Payments are due upon presentation of invoice.
If due to bank charges, transfer fees, or the
like, serineni.com should receive less than
its invoice amount, serineni.com will re-invoice
Customer for the shortfall. Should payment in
full of any invoice (aside from such shortfalls)
not be received by serineni.com within thirty
(30) days after presentation, serineni.com will
impose a debt service charge amounting to one
percent (1%) of the overdue balance for each
month or fraction thereof the overdue amount
remains unpaid. In the event that any amount
remains unpaid forty-five (45) days after presentation
of invoice, serineni.com may discontinue, withhold,
or suspend services to Customer and/or its customer(s)
to whom such unpaid amounts relate.
|
|
DUTIES OF SERINENI.COM |
| |
- serineni.com will acquire, on request,
an Internet Domain Name (only from the US InterNIC)
on behalf of the Customer. In such case the
Customer hereby must waive in writing prior
to acquisition of said domain name, any and
all claims which it may have against serineni.com
for any loss, damage, claim or expense arising
out of, or in relation to, the registration
of such Domain Name in any on-line or off-line
network directories, membership lists or registration
lists, or the release of the Domain Name from
such directories or lists following the termination
of services by serineni.com for any reason.
Any costs of serineni.com in obtaining or maintaining
a domain name for Customer or its customers
shall be immediately reimbursed to serineni.com
upon invoice from serineni.com to Customer.
|
|
RULES AND REGULATIONS |
| |
- serineni.com may impose reasonable
rules and regulations regarding the use of its
services from time to time. Customer shall impose
such rules and regulations on its customers
to the extent necessary to ensure compliance.
This information is posted on the Internet at:
http://www.serineni.com.
|
|
LIMITATION OF SERINENI.COM'S
OBLIGATIONS AND LIABILITY |
| |
- serineni.com will utilize its best efforts
to maintain acceptable performance of services
contracted for services, but serineni.com makes
absolutely no warranties whatsoever, express
or implied, including warranty of merchantability
or fitness for a particular purpose. serineni.com
cannot guarantee continuous service, service
at any particular time, or integrity of data
stored or transmitted via its system or via
the Internet. serineni.com will not be liable
for the inadvertent disclosure of, or corruption
or erasure of, data transmit-ted or received
or stored on its system. serineni.com shall
not be liable to Customer or any of its customers
for any claims or damages which may be suffered
by Customer or its customers, including, but
not limited to, losses or damages of any and
every nature, resulting from the loss of data,
inability to access Internet, or inability to
transmit or receive information, caused by,
or resulting from, delays, nondeliveries, or
service interruptions whether or not caused
by the fault or negligence of serineni.com.
- serineni.com may discontinue servicing any
Plan, or may require fulfillment of conditions
serineni.com may choose to impose as a prerequisite
for continuing to service any Plan. Such discontinuation
or requirement may not be unreasonable, however,
and serineni.com agrees to provide Customer
with reasonable notice via Email and fax of
any such intent to discontinue or impose conditions.
- Services provided by serineni.com to Customer
shall be deemed accepted for all purposes thirty
days after presentation of invoice for such
services, if no written claim or objection regarding
such services has been received by serineni.com
within the 30-day period. No claim related to
such accepted services shall be raised.
- serineni.com liability to Customer, and any
end user of any Plan or other serineni.com services
is limited to the amount paid to and received
by serineni.com for services not accepted. In
no event shall serineni.com be liable to Customer,
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 serineni.com has been
advised of the possibility of such damage.
- Customer will take all necessary measures
to preclude serineni.com from being made a party
to any lawsuit or claim regarding serineni.com
services provided to any Customer or end user.
Customer hereby agrees to indemnify and hold
harmless serineni.com from any and all claims
of whatever nature brought by any of Customer's
customers against serineni.com in excess of
the remedy set forth in paragraph 7(D).
|
|
PROPERTY RIGHTS |
| |
- serineni.com owns all right, title and interest
in serineni.com 's trade names, service marks,
inventions, copyrights, trade secrets, patents,
and know-how relating to the design, function,
or operation of Plans and of the hardware and
software systems and resources necessary to
provide the individual service elements of which
they consist. This agreement does not constitute
a license to Customer to use serineni.com 's
trade names or service marks. The use by Customer
of the other property rights mentioned here
is authorized only for the purposes of marketing
and selling Plans in the Territory.
|
|
CONFIDENTIALITY |
| |
- Customer acknowledges that by reason of its
relationship with serineni.com hereunder, it
may have access to certain information and materials
relating to serineni.com 's business, plans,
customers, software technology, and marketing
strategies that is confidential and of substantial
value to serineni.com , which value would be
impaired if such information were disclosed
to third parties. Customer agrees that it will
not use in any way for its own account nor for
the account of any third party, nor disclose
to any third party, any such information revealed
to it by serineni.com. Customer further agrees
that it will take every reasonable precaution
to protect the confidentiality of such information.
In the event of termination of this agreement,
there shall be no use or disclosure by the Customer
of any such confidential information in its
possession, and all confidential materials shall
be returned to serineni.com or destroyed. The
provisions of this section shall survive the
termination of the agreement for any reason.
Upon any breach or threatened breach of this
section, serineni.com shall be entitled to injunctive
relief, which relief shall not be contested
by Customer.
|
|
RELATIONSHIP OF THE
PARTIES |
| |
- The relationship between serineni.com and
Customer 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. Customer
has no authority, apparent or otherwise, to
contract for or on behalf of serineni.com ,
or in any other way legally bind serineni.com
in any fashion, nor shall Customer be authorized
to make any representations about serineni.com
or its services other than to set forth serineni.com's
responsibilities as outlined in this agreement.
|
|
DISPUTES |
| |
- The parties shall attempt to resolve all disputes
arising out of this agreement in a spirit of
cooperation without formal proceedings. Any
dispute which cannot be so resolved (other than
the collection of money due on unpaid invoices)
and other than the injunctive relief referred
to in paragraph 10 shall be subject to arbitration
upon written demand of either party. Arbitration
shall take place in (City, State), or at another
location if the parties so agree. The arbitration
shall take place before an arbitration panel
chosen as follows: The parties shall each choose
an arbitrator, and the two arbitrators shall
choose a third arbitrator and determine the
third arbitrator's com.
|
|
|
PROFILE
| SERVICES
| CLIENTS
| JOBS
| CONTACT
| SITEMAP
