The logo design services described within this contract are to be provided by Webcast 1, Inc.. (hereafter Provider) to the Subscriber ( Authorized signature below).
1. ORDER: By signing this Logo Magic Order Form, you make a binding order in which you agree to the terms and conditions as contained herein.
2. TERM AND PAYMENT: All payments are due upon receipt of billing statements. Webcast 1, Inc.. shall exclusively determine the content, timing, and date of all billing statements.
3. BILLING AND DEFAULT: You agree to pay for all services rendered as billing, which shall be due upon receipt. If you fail to do so, we may discontinue service on your logo and declare the entire amount due for the term payable in full. We may also collect late charges and/or interest at the maximum rate allowable by the laws of the state of Florida. You also agree to pay all reasonable attorney's fees and costs which we may incur in collecting any unpaid amounts. If more than one applicant has signed this agreement, all will be jointly and severally liable for all charges. Customer agrees that the payment / retainer paid is NON-REFUNDABLE even if the customer chooses not to use the designs provided.
4. ASSIGNMENT: You may not assign your obligations under this order without prior written consent.
5. CONTENT: You have the sole responsibility for the content of your logo, and warrant that: You are authorized to sell all products and/or services listed in your logo; You have the right to use all trademarks, service marks, names, information, artwork and likenesses in your advertising. You have the right to use all copyrighted work to be reproduced in your advertising and you have the sole responsibility to register and protect the same. Your advertising will not infringe any trademark, copyright, right to publicity, right of privacy or other intellectual property right of a third party, nor will it constitute false, deceptive or unfair advertising or disparagement under applicable law; Your Website complies with all applicable laws and/or regulations, including, for example, licensing requirements and administrative or professional rules and regulations; and Any prices, discounts, or product availability quoted in your Website shall be complete, accurate, and honored by you. You agree to indemnify and hold harmless Webcast1, Inc. as to any attorney's fees, expenses, losses, or damages which we may sustain as a result of your logo.
6. TERMINATION This agreement and any subsequent project description order made pursuant to it may be terminated at any time by mutual agreement whereas may be provided for in this order. Either party may terminate this agreement for cause by giving written notice. In the event of termination, customer shall pay for all services performed and disbursements made by Webcast 1, Inc.. up to the effective date of termination.
7. LIMITATION OF LIABILITY We will use all reasonable efforts to design a logo for your business. Any liability that we or any affiliate, employee, agent, servant, or subcontractor may have due to errors and omissions with respect to your logo or any other obligation under this order shall not exceed the amount of charges for the services rendered herein. This limitation of liability applies to claims in contract, tort, strict liability or otherwise and to any loss of business, profits, or additional costs incurred. It also applies to any specials, incidental, or consequential damages, and any benefit to others is strictly incidental. EXCEPT AS EXPRESSLY SET FORTH HEREIN THERE ARE NO EXPRESS WARRANTIES AND THER ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Webcast 1, Inc.. shall not be liable for any damages caused by the delay in rendering services arising from or out of any cause beyond the reasonable control of Webcast 1, Inc.
8. ENTIRE AGREEMENT/GOVERNING LAW If accepted by us, this order shall constitute our entire agreement and shall be governed by the laws of the State of Florida. Any litigation arising hereunder, shall be filed in the Circuit Court of Palm Beach County, Florida or the Federal District Court of the Southern District of Florida and you agree and consent to the jurisdiction of said Courts.