Your monthly Netboots subscription covers ongoing hosting, technical support, design license and availability of future feature options as part of the Netboots Community.
Payment Gateway Setup & Fees
Your Netboots subscription does not cover Paypal, Authorize.net or any other merchant fees. We are not responsible for account creation, setup or acquisition of any payment gateway. Any gateway charges may vary based on your account status with the merchant. Netboots and Terra Eclipse highly recommend Paypal's Website Payments Pro as the most efficient and cost effective way of integrating with our CMS payment system. Terra Eclipse and Netboots are not responsible for any delays in approval of your payment gateway that may effect your site completion.
Ceased Work for Nonpayment & Termination
In the event the Client fails to pay any periodic payment or installment payment when due, the contractor may cease work and terminate service without breach pending payment or resolution of dispute. Failure to make monthly subscriptions payments will result in suspension of Netboots account and site. A Netboots landing page will replace your site indicating site is "undergoing maintenance". Your contact information will be displayed for users to contact your organization.
Domain Name Server Setup & Domain Management
Your Netboots platform will be hosted at http://YOURACCOUNTNAME.netboots.net and will also support hosting at your custom domain. Netboots will provide a step-by-step guide on directing your custom domain to our hosting platform. NetBoots staff does not provide direct support for DNS configuration within this contract proposal. Any domain technical setup will be billed separately. Please note that email hosting is not provided on the NetBoots platform; Terra Eclipse and NetBoots recommend Mailtrust.com for email hosting.
As part of the NetBoots community, your supporters will have the opportunity to join a growing, action oriented, online community that will work towards putting boots on the ground for conservative organizations and campaigns like yours across the nation. Information gathered as part of the NetBoots community will not be sold or turned over to a 3rd party as many other vendors do, but rather, 3rd parties may choose to list their events and organizations for opted-in participation by your users. NetBoots does not collect, save or store financial information. This feature will be integrated in the future, but as early adopter, you will be offered special discounts for event listing and in some cases not charged for features that we will roll out for the NetBoots community.
Netboots.net Site Credit
NetBoots and Terra Eclipse reserve the right to provide a link to our organizations website (netboots.net) written as "Powered by NetBoots" within the website footer in a tasteful and unobtrusive manner. Additionally, we reserve the right to highlight and/or feature this project on a featured project page at www.netboots.net and www.terraeclipse.com
Data or information produced, generated or received through programming, design or widgets produced by Terra Eclipse with respect to this project proposal shall be the property and copyright of both Terra Eclipse, Inc. and client. All Terra Eclipse proprietary programming, design and widgets used in development of any system implemented for client with respect to this project proposal shall be copyright of Terra Eclipse, Inc.
Arbitration of Dispute
Any controversy or claim arising out of or relating to this Agreement or the breach of the Agreement will be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over award.
Any litigation arising from or related to this project shall be governed by California law, without regard to California's choice-of-law doctrine, and shall be initiated exclusively before the Superior Court of Santa Cruz County, California.
If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Contract, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, reasonable attorney fees, costs, and expenses incurred in the action or proceeding by the prevailing party.
Sole and Only Agreement
This instrument constitutes the sole and only Agreement of the parties to this Contract relating to the project. It expressly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations, not expressly set forth in this contract are of no force and affect.