Subject to the terms and conditions of this Agreement, WebTheory Media LLC will provide web hosting and maintenance services for Client subject to the following terms:
Length Of Service
Client agrees to an initial one (1) month contractual term of service (“Term”), set to automatically renew each month until WebTheory Media or client notifies the other party of cancellation of service. In the case of cancellation of service each party agrees to notify the other at least one (1) month in advance.
Payment Of Fees
Payments must be made promptly. Down payments are required to begin your project and ongoing services payment terms are due upon receipt. If an amount remains delinquent 60 days after its due date, an additional 5% penalty will be added for each month of delinquency. WebTheory Media also reserves the right to remove web pages and created work from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.
For any action involving matters of this Agreement, venue shall lie in Middlesex County, New Jersey.
This Agreement shall be governed by the laws of the State of New Jersey.
During the term of the Agreement with WebTheory Media and for a period of five (5) years after the Termination Date of all Agreements with WebTheory Media, Client will not directly or indirectly solicit, induce or attempt to induce any current employee, former employee, or vendor of WebTheory Media to terminate his or her employment or services with WebTheory Media or to perform any work or services for Client or any of Client’s customers, vendors, or affiliated companies.
During the term of this Agreement and for a period of three (3) years after the Termination Date of all Agreements with WebTheory Media, Client agrees to take no action which is intended, or would reasonably be expected, to harm WebTheory Media or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to WebTheory Media.
WebTheory Media may make changes to services, products, and these Terms and Conditions at any time without notice. Your access or continued use of WebTheory Media’s services and products subsequent to such a change will signify your assent to be bound by such changes. Client is responsible for periodically reviewing this website to review the current Terms and Conditions.
Client may not assign any Agreement or its rights and obligations under any Agreement or Terms and Conditions.
The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Sections 8 and 9 (“Applicable Law” & “Non-Solicitation”) of these Terms and Conditions shall survive any termination of these Terms and Conditions.
No Waiver Of Rights
If one Party breaches these Terms and Conditions, then the failure of the other Party to enforce any rights under these Terms and Conditions shall not be deemed a waiver of any such rights. The rights and remedies of the parties, as set forth in these Terms and Conditions, are not exclusive and are in addition to any other rights and remedies provided by law.
By either electronically signing or physically signing a Service Agreement, I attest that I have read, understand, and agree to these Terms and Conditions.
Effective: May 20, 2020
Last Updated: May 20, 2020