This Agreement ("Agreement") is made as of Aug 27, 2020, by Zecsn Technologies located at Lahore, Pakistan, and Multi Colours Brand ("Client"), located at Lahore, Pakistan.
Client is contracting Zecsn Technologies to provide website maintenance, technical support, and hosting services for multicoloursbrand.com. Zecsn Technologies agrees to provide such services to the Client on a monthly basis. Services not considered “standard website maintenance, technical support, or hosting” are subject to be charged at a separate rate and will not be considered part of this agreement.
Unlimited support of the following for multicoloursbrand.com monthly, which includes:
Up to hours of standard website maintenance for multicoloursbrand.com monthly, which includes:
If any regular maintenance or software update procedure requires additional time to complete beyond the scope of this agreement Zecsn Technologies will notify the Client in advance and any additional time will be billed separately. Support hours expire at the end of the month and do not roll over to the next maintenance quarter.
Client agrees to pay Zecsn Technologies a total of $ each month in exchange for the above services. The first payment is due upon execution of this Agreement. Subsequent payments will be due every month thereafter. All payments are due upon receipt.
If the Client fails to pay any amount properly due under the Agreement by the due date, Zecsn Technologies may, after giving three days’ notice to the Client, suspend any work until payment is made in full. Zecsn Technologies reserves the right to withhold delivery of any current work if accounts are not current or overdue invoices are not paid in full.
The Client is responsible for all third party fees, including any necessary license fees required to purchase and install new plugins or software on the website. These fees will be communicated to client in writing before they are incurred.
Zecsn Technologies will respond via email to all maintenance requests from Client within 24 hours on weekdays with a confirmation that the request was received as well as an estimated completion date. Maintenance requests received after 5:00 pm PST on weekdays may not be completed until the next business day unless prior arrangements have been made.
Zecsn Technologies will make all reasonable efforts to adhere to all quoted deadlines for the deliverables in the Client’s maintenance requests. In the event that Zecsn Technologies has any issues in delivering on a quoted deadline, Client will be notified via email the reasoning for any change.
Any revisions, additions, or redesign the Client requests Zecsn Technologiesto perform that is not specified in this document shall be considered "additional" and will require a separate agreement and payment. Zecsn Technologies shall advise Client on any requested work that falls within these bounds.
Client hereby authorizes Zecsn Technologies to access their web hosting account, providing active user name / password combinations for access to the server via FTP, SSH, or web console, assuring that 'write permissions' are in place on said hosting provider.
During the duration of this contract, the Client agrees that Zecsn Technologies will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the website. If a party other than Zecsn Technologies makes changes to the website, any errors that are created must be repaired and will be charged for at $ per hour.
Client agrees to indemnify Zecsn Technologies against all claims, judgments, decrees, costs and expenses, including attorney's fees, incident to any proceeding which may be brought against Zecsn Technologies or its agents, distributors, customers, or other vendors based on a claim of alleged copyright, trademark, or alleged misappropriation of a trade secret, as well as for a claim of alleged unfair competition resulting from similarity in design, trademark or appearance of Contract Products and Services provided under this Agreement.
Client agrees that it will, upon request of Zecsn Technologies and at Client’s own expense, defend or assist in the defense of any action which may be brought against Zecsn Technologies or its officers, employees, agents, distributors, customers, or other vendors for these claims of alleged infringement, misappropriation, or unfair competition. Zecsn Technologies agrees to notify Client promptly upon receipt of notice of infringement or information of such a suit having been filed. This indemnification will be in addition to all other obligations under this Agreement.
The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
Zecsn Technologies will perform services hereunder only as an independent contractor. Client is to have no control over the methods and means of accomplishing the desired result. Zecsn Technologies will not be construed to be an employee or agent of Client.
The Client or Zecsn Technologies cannot assign or transfer this Agreement to anyone else without the written permission of the other party.
In no event will either party be liable, whether in contract, tort, or otherwise, for any incidental, special, indirect, consequential or punitive damages, including, but not limited to, damages for any loss of use, loss of time, inconvenience, commercial loss, or lost profits, savings, or revenues, to the full extent such may be disclaimed by law.
The total liability of Zecsn Technologies or Client, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular services purchased, sold, or otherwise at issue hereunder with respect to which losses or damages are claimed.
Both parties have had adequate opportunity to obtain legal representation and this Agreement reflects arms’ length negotiations. Neither party will be deemed the drafter and no ambiguity in the Agreement will be construed against either party.
The Client may cancel or choose not to renew this Agreement at any time by providing written notice to Zecsn Technologies. Within five business days of such cancellation, Client will be responsible for securing their own web hosting account, web font hosting account, and technical support provider, as Zecsn Technologies will no longer provide these services. Any fees billed to and/or paid for by the Client up until the point of cancellation are non-refundable and will not be reimbursed by Zecsn Technologies to the Client.
Zecsn Technologies may cancel or choose not to renew this Agreement at any time by providing 30 days written notice to Client. In the event of cancellation or non-renewal by the provider, Zecsn Technologies will provide a prorated refund for unused services and all files necessary to migrate the website to another host.
This Agreement is shall be governed by the laws of the State of . Any disputes arising under this Agreement shall be settled by arbitration, to take place in , .
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement contains the entire agreement of the parties with respect to the subject matter of the Agreement. The Agreement supersedes any prior agreements, understandings, or negotiations, whether written or oral. This Agreement can only be amended through a written document formally executed by all parties.