Radiant Boutique by Rhi
Custom Website Service and Maintenance Agreement
Background: Radiant Boutique by Rhi (“Advertiser”) and American Marketing & Publishing LLC (“Publisher”) have an existing web development and hosting relationship for Custom Website Services. The parties wish to update and clarify the pricing and service levels to reflect mutually agreeable expectations, subject to the specific terms and conditions in this Order Form. These new terms shall become effective May 1, 2021, and they shall, together with the Publisher’s General Terms & Conditions (but without regard to the Product terms therein) shown at www. https://www.ampcorporate.com/advertising_general_terms_and_conditions/ shall apply and are incorporated into and form a part of this updated Agreement.
Product. Publisher has designed and hosts a custom website (“Website”) for Advertiser and has purchased a URL to be used by Publisher to publicly display Advertiser’s website. Publisher will host and maintain the Website on a month to month basis for the fees described herein.
- Fees. There are several different types of fees associated with AMP’s Website Services.
- Design & Build Fee. Advertiser has already paid Publisher the fee for designing and implementing the Website (“Design & Build Fee”).
- Monthly Maintenance Fee. Publisher shall use commercially reasonable efforts to host the Website and to provide custom maintenance and content management service on a weekly or more frequent basis, for up to 20 hours per month, for $399 per month. The fee for such service will be charged, debited, or invoiced by Publisher monthly, on a recurring basis. This Monthly Maintenance Fee, if any, includes Publisher’s charge for hosting the Website, as well the 20 hours of service.
- Publisher will provide Custom Website Services described herein, including Maintenance Hours, only on business days during normal business hours, 8:00 am to 4:30 pm Central Standard Time, with typical turnaround provided within two business days. In the event Advertiser requests changes requiring assistance outside of these business hours or on weekends or holidays, Publisher shall charge and Advertiser shall pay a 50% surcharge to Advertiser’s standard Monthly Maintenance Fee. The Maintenance Hours available monthly for website maintenance Services set forth above represent the maximum time Publisher will spend towards website maintenance Services, and the Monthly Maintenance Fee shall be due in full regardless of whether the maximum Maintenance Hours are utilized by Advertiser or performed by Publisher. Advertiser shall not receive a credit, refund or otherwise be reimbursed for any unutilized Maintenance Hours.
- Advertiser may request changes to the functional or design elements of the Website (as opposed merely to Website Content) which were not originally anticipated by Publisher and Advertiser. Such changes, and the charges therefore, shall be reflected in a Change Order and will be billed to the Advertiser at the rate of $100 per hour.
- Product Term; Cancellation. The Minimum Term for Custom Website Services Product is one month and shall automatically renew for successive one-month Monthly Renewal Terms unless and until either party delivers notice of cancellation to the other party as set forth below. Publisher may cancel the Custom Website Services Product effective at the end of the then-current Product Term by providing Advertiser written notice of non-renewal at least 30 days prior to the end of such Product Term. Advertiser may cancel the Custom Website Services Product effective at the end of the then-current Product Term by providing Publisher written notice of non-renewal at least two days prior to the end of such Product Term. Such notice must be sent by an authorized representative of Advertiser, either by email delivered to email@example.com or as set forth in Section 20 of the General Terms. Any such non-renewal notice must (i) clearly identify the Advertiser and the authorized individual requesting the cancellation on behalf of the Advertiser, and (ii) express a clear intention to cancel any subsequent Monthly Renewal Terms with respect to the Custom Website Services Product. Upon the expiration or cancellation of the Custom Website Services Product, Publisher will discontinue providing Custom Website Services and the Website shall become inaccessible to the public. Publisher shall have no further responsibility to host, display, store, keep or share with Advertiser any other Content created, collected, or developed for or by Advertiser, and the Content comprising Advertiser’s Website may be permanently lost.
- Domain Names. Advertiser acknowledges and agrees that the URL is owned by Publisher and constitutes Publisher Property. Advertiser shall ensure that the domain name used to host the Website and Publisher’s use thereof as contemplated under this Agreement does not infringe or violate any IP Rights, and Advertiser is solely responsible for conducting trademark clearance for such domain name. Provided Advertiser has paid Publisher in full under this Agreement and any other agreement(s) between Publisher and Advertiser, then upon written request and the furnishing and execution of appropriate forms acceptable to Publisher by Advertiser, during any Product Term with respect to the Custom Website Services Product and for a period of 10 business days after expiration or cancellation of the Product, in consideration for payment of a one-time fee of $175 by Advertiser, Publisher agrees to assign its rights to Advertiser in the domain name used to host the Website, and assist Advertiser to the extent necessary to secure such an assignment by reasonably cooperating with Advertiser to change the registrant associated with such domain name. Otherwise, for the avoidance of doubt, after the expiration or cancellation of the last Product Term with respect to the Custom Website Services Product, Publisher may take any action with respect to the URL, or use the URL for any purpose, in its sole discretion, including return the URL to the registrar it was purchased from or redirect it to a different website, and the Content comprising Advertiser’s Website may be permanently lost.
Publisher and Advertiser have reviewed these terms and the incorporated General Terms and Conditions and agree to them, effective May 1, 2021, as indicated by signature below.