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Web Site Services
Terms of Agreement


This page represents the agreement and understanding between Brobst Systems and the customer (hereinafter called the "Client") regarding web site services. A person or organization in which volunteer and free web site services are provided or sponsored by Brobst Systems and its owner shall also be considered a "Client" of Brobst Systems. Brobst Systems reserves the right to modify these terms and conditions with or without notice to the Client. The terms of agreement for the Web Site services can be viewed anytime at http://www.brobstsystems.com/webterms.htm. Therefore, it is recommended that the Client print this page out, sign it and mail the original signed copy to Brobst Systems, PO Box 262041 San Diego, CA 92196. In the event, that the terms of agreement document has not been signed by the Client and the Client received services from Brobst Systems, acceptance of services from Brobst Systems and its owner shall constitute agreement by Client to these Terms of Agreement.

Our Services

1. Brobst Systems is a professional and "family-friendly" business entity. We reserve the right to limit our service to only those individuals, businesses and non-profit organizations whose needs we can realistically meet.

2. Brobst Systems reserves the right to refuse service to anyone requesting development of web pages for:
  • Illegal purposes
  • Inappropriate or offensive purposes
  • Or any other purpose that does not follow our family-centered philosophy

3. Web pages developed by Brobst Systems cannot be modified to contain:
  • Illegal material
  • Inappropriate or offensive material
  • Or any other material that does not follow our family-centered philosophy

4. Brobst Systems develops "informational" web sites and web pages for individuals, businesses, and non-profit organizations. Brobst Systems develops informational web pages so they serve as a resource to site visitors. The information contained within the web pages shall be authored by the Client and submitted to Brobst Systems in FINAL format. If the information & text submitted is not in final format and contains spelling, grammatical, syntax errors, etc., Brobst Systems may charge the client for additional time needed to correct the substantial errors that should have been corrected before submission. Brobst Systems may make recommendations regarding the content of the web site, however the Client shall make the final decision and approve the content of the web pages.

5. Brobst Systems Web Site Services may include one or more of the following:
  • site design
  • web page design and development using graphics, text and forms
  • creation and modification of simple graphics
  • digital photography
  • web page maintenance
  • upload of pages and/or site to the web host or we-exist.net
  • submission of site to at least three search engines
  • free web site maintenance for three months after installation***
Web hosting and domain name registration are extra services that can either be selected and processed by the Client or Brobst Systems as agreed. Site submission to more than three search engines and directories and web positioning are extra services charged at an hourly rate. Special graphics shall be charged based on Independent Graphics Designer Contractor fees plus administrative fees. Visit our Graphics page for links to sites offering Pictorial Graphics.

***Maintenance after web site installation means that within the first three months after the installation of the web site, Brobst Systems will perform warranty work to correct bugs, spelling errors, perform minor cosmetic/text corrections or changes that are "very" minor (5-minute change) that may have resulted from errors overlooked by the Client or Brobst Systems.

It does not constitute a new project of additional screens, and additional information/graphics, and redesign that affect the entire site. It does not include major rewording of pages due to changing needs. These constitute a new contract agreement.

The best way to minimize or even eliminate the unnecessary modifications to a website after installation or initial development is when the client submits the content, assure that it is in its final form - a polished document that has been proof-read, spell-checked, grammar-checked, thesaurus-checked, etc. The client must think in terms of submitting a FINAL copy to the printing press. If the client submits a FINAL document filled with errors and appears to be a draft copy, then it will become very very costly to client and to the time of the web developer. At this point, additional charges may apply for modifications and corrections to the website after the initial development.

6. If the Client chooses for Brobst Systems to process the Web Hosting, Domain Name Registration, E-mail Forwarding, and URL forwarding through a third party, a service fee above and beyond the fees of the third party fees will apply. All fees relating to web hosting, domain name, and forwarding must be paid in advance in order to process the application.

7. Brobst Systems develops the Client web site or web pages on Brobst Systems web space until the client web site is complete and paid in full. Upon receipt of full payment the client web site is transferred to the client server/domain. Payments must be made in check payable to "Brobst Systems" and mailed to PO Box 262041 San Diego, CA 92196.

8. Brobst Systems reserves the right to delete, download, pull dowm, take down the Client web site developed by Brobst Systems for non-payment with or without notice.

9. Brobst Systems reserves the right to submit the URL containing the web pages developed by Brobst Systems to 600 or more search engines without prior notice or approval from the Client.

10. Brobst Systems reserves the right to add the URL and link containing the web pages developed by Brobst Systems to we-exist.net without prior notice or approval from the Client. Brobst Systems reserves the right to REFUSE to add the URL and link containing the web pages developed by Brobst Systems to we-exist.net.

11. Brobst Systems reserves the right to update the meta tags of the web pages developed by Brobst Systems to improve position of the site in major search engines without prior notice or approval from the Client for the first three months after the final upload.

12. Brobst Systems warrants that the web pages developed by Brobst Systems will work in Microsoft Internet Explorer versions 5 and up. Designing a web site to fully work in various browsers and versions of browsers require significant effort. While Brobst Systems will make reasonable efforts to deliver a fully functional web site for the Client, Brobst Systems cannot guarantee that the web site will be fully functional with AOL, Netscape, WEB TV, text-based browsers, or browsers other than the Microsoft Internet Explorer. Brobst Systems will guarantee the web site to be fully functional with the 800 x 600 screen resolution.



Client

1. The Client agrees to protect, defend, hold harmless and to indemnify Brobst Systems, its owners, its Affiliates and its Independent Contractors, from any claims, including attorney's fees, resulting from the Client's use of Brobst Systems' services.

2. The Client understands, agrees and acknowledges that Brobst Systems does not provide any web hosting services. Hosting services will require a separate contract with the hosting service of the Client's or Brobst Systems' choice. If the Client selects the web hosting service, the Client then agrees to select a hosting service which allows Brobst Systems full access to the account including access to interpreters that will allow the forms to function properly.

3. Although Brobst Systems will make every effort to recommend a reliable third-party web host, the Client understands, agrees and acknowledges that Brobst Systems cannot guarantee the quality of services of the web host and the stability of the web host in the future.

4. The Client understands, agrees and acknowledges that Brobst Systems is not responsible for maintaining a full time Internet presence for the Client. The Client shall contact the Web Host to inquire about the availability of the web site.

5. The Client understands, agrees and acknowledges that Brobst Systems is not responsible for the sudden decrease in speed when accessing the web pages. The Client shall contact the Web Host to inquire as to why a site has become slow to access.

6. The Client understands, agrees and acknowledges that Brobst Systems is not a marketing firm and is not the primary content producer of the web site. Brobst Systems designs and develops web sites and pages out of the information primarily authored by the Client. Brobst Systems shall not be held liable if the Client's web site developed by Brobst Systems does not meet the business goals of the Client. Site contents either developed by Brobst Systems and/or the Client shall be reviewed, finalized and approved by the Client.

7. The Client understands, agrees and acknowledges that Brobst Systems may transfer the services being performed for the Client to another "Web Site Servicer" if for some reason Brobst Systems can no longer provide an adequate service for the Client. If this is the case, the new Web Site Servicer and the Client shall form their own terms of agreement and Brobst Systems shall no longer be involved in the project or service with the Client.

8. In the event that the cancellation of the assignment is deemed necessary by the Client, the Client shall notify Brobst Systems of this cancellation in writing as soon as possible. All the web site design and developed web pages shall remain with Brobst Systems. However, the Client shall be allowed to purchase a CD-R copy of the work to be mailed for a fee.

9. The Client understands, agrees and acknowledges that contact with Brobst Systems shall be made primarily through e-mail at and that Brobst Systems is not obliged to offer telephone support for a Client outside of the (858) area code. Brobst Systems will make every effort to return inquiries or at least acknowledge that the Client's inquiry has been received within 48 hours. The Client understands, agrees and acknowledges that the principal owner of Brobst Systems may not be available to answer the phone when they call the home office at 858-578-5766 and that a phone appointment may be necessary to make the voice connection. The Client understands, agrees and acknowledges that Brobst Systems is a virtual entity in that it may not follow the traditional 9-5 work schedule.

10. The Client understands, agrees and acknowledges that for a San Diego Client, Brobst Systems and the Client may agree to meet in order to further discuss the services and take digital pictures of the location or items at the Client's office as needed for the web site.

11. The Client understands, agrees and acknowledges that all pictures and documents that are submitted to Brobst Systems to be scanned and included in the web site shall be mailed to: Brobst Systems PO Box 262041 San Diego, CA 92196. The Client shall include a self-addressed stamped envelope which shall be used by Brobst Systems to return the items to the Client after scanning.

12. The Client understands, agrees and acknowledges that Brobst Systems may recommend free site tracking or site search services from third-parties to be included in the web site.



This agreement and the Statement of Work (SOW) constitute the sole agreement between Brobst Systems and the Client regarding Web Site Services. Any changes or modifications thereto must be agreed upon in writing and signed by both parties. By signing this agreement, Brobst Systems and the Client agree to the terms and conditions of the web site services.

CLIENT

Name of Entity _________________________________

Authorized Representative Name: __________________________________

Title: ________________________________________

Address: ______________________________________________________

Phone: (____)_______________ E-mail: _________________________

Signature of Representative: ______________________________

Date _________________



Brobst Systems (Sign only if Client modified the agreement.)

By: _____________________________________________

Date: _________________

Yvette Brobst, Principal Owner









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