TERMS OF SERVICE

Terms of Service (TOS)

Congratulations on choosing NetCom Logistics LLC!

1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and NetCom Logistics LLC, a Kansas limited liability company, and its legal successors and assigns. NetCom Logistics LLC may do business under the names NetCom Logistics LLC, NETCOM LOGISTICS LLC, NCL, among others.

By accepting this Terms of Service (TOS) electronically or in writing, and/or by using NETCOM LOGISTICS LLC’s services, including but not limited to, submission of content to NETCOM LOGISTICS LLC’s design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.

NETCOM LOGISTICS LLC provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at http://www.netcomlogistics.com/tos.html. Failure to comply with the TOS may result in account termination. By using NETCOM LOGISTICS LLC’s services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and NETCOM LOGISTICS LLC is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.

Client’s acceptance of the TOS is binding upon all NETCOM LOGISTICS LLC’s services including the purchase of additional services or additional websites or accounts at a later date.

2. Description of Service
NETCOM LOGISTICS LLC designs and develops websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, and additional website-related services. Client understands that NETCOM LOGISTICS LLC’s services may include certain communications from NETCOM LOGISTICS LLC such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to NETCOM LOGISTICS LLC’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access NETCOM LOGISTICS LLC’s services.

3. Electronic Delivery Policy
NETCOM LOGISTICS LLC is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from NETCOM LOGISTICS LLC any notices, agreements, disclosures, or other communications (Notices). Client agrees that NETCOM LOGISTICS LLC may send electronic Notices in either of the following ways 1) To the email address provided to NETCOM LOGISTICS LLC at the time of sale or 2) to the new email address account Client set up through NETCOM LOGISTICS LLC. Client agrees to check the designated email addresses regularly for Notices. Notice from NETCOM LOGISTICS LLC is effective when sent by NETCOM LOGISTICS LLC, regardless of whether the Notice is read or received by Client.

4. Privacy Policy
Personal data and certain other information about the Client are subject to NETCOM LOGISTICS LLC’s Privacy Policy. For more information see the privacy policy at http://www.netcomlogistics.com/privacy.html. By using NETCOM LOGISTICS LLC’s services Client also agrees to the most current version of NETCOM LOGISTICS LLC’s Privacy Policy.

5. Call Monitoring and Recording Privacy Statement
As part of NETCOM LOGISTICS LLC’s commitment to providing the best possible service NETCOM LOGISTICS LLC may monitor and record phone calls answered by NETCOM LOGISTICS LLC and made by NETCOM LOGISTICS LLC. NETCOM LOGISTICS LLC may also archive recorded voice mail messages. NETCOM LOGISTICS LLC records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows NETCOM LOGISTICS LLC to identify how NETCOM LOGISTICS LLC can better serve its customers.

6. Unacceptable Practices
As NETCOM LOGISTICS LLC strives to offer the very best service, there are certain guidelines and policies that must govern NETCOM LOGISTICS LLC’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of NETCOM LOGISTICS LLC’s services. Such decisions are at the sole discretion of NETCOM LOGISTICS LLC. Unacceptable practices include, but are not limited to:

As an NETCOM LOGISTICS LLC Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold NETCOM LOGISTICS LLC harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. NETCOM LOGISTICS LLC retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. NETCOM LOGISTICS LLC may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by NETCOM LOGISTICS LLC for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)

As an NETCOM LOGISTICS LLC Client you may have access to editing tools for your website. Client may edit, add or delete content to the website at anytime. With this understanding NETCOM LOGISTICS LLC may or may not pre-screen content. NETCOM LOGISTICS LLC shall have the right (but not the obligation) to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by NETCOM LOGISTICS LLC or not, including any reliance upon accuracy, usefulness or completeness.

Client acknowledges that NETCOM LOGISTICS LLC may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of NETCOM LOGISTICS LLC and the public.

7. Intellectual Property Policy
NETCOM LOGISTICS LLC respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. NETCOM LOGISTICS LLC may terminate accounts for copyright or trademark infringement, or for any other reason NETCOM LOGISTICS LLC deems appropriate as it may relate to Client’s use of another’s intellectual property.

NETCOM LOGISTICS LLC will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to NETCOM LOGISTICS LLC is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website. (See Unacceptable Practices).

Client content that is sent to NETCOM LOGISTICS LLC will remain the intellectual property of the Client. NETCOM LOGISTICS LLC does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. NETCOM LOGISTICS LLC will attempt to honor requests to return original content; however, NETCOM LOGISTICS LLC has no liability and does not guarantee the return of any content to Client.

Website designs, databases, stores, or programs created by NETCOM LOGISTICS LLC are the property of NETCOM LOGISTICS LLC until Client has paid all fees.

8. International Use
Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the transborder transfer of personal data.

9. Interstate Communications
Client acknowledges that by using NETCOM LOGISTICS LLC’s services Client will be causing communications to be sent through NETCOM LOGISTICS LLC’s computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of NETCOM LOGISTICS LLC’s services results in interstate data transmissions and may result in transborder transfer of personal data. Client hereby consents to the collection, processing and transborder transfer of such personal information as Client may provide or make available to NETCOM LOGISTICS LLC.

10. Website Construction Procedure
With help and input from the Client, NETCOM LOGISTICS LLC will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to NETCOM LOGISTICS LLC through email or other means of file transfer agreed upon by both parties.

In submitting content, links to sample sites the Client likes are for general information purposes only and assist NETCOM LOGISTICS LLC with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in NETCOM LOGISTICS LLC’s invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.

NETCOM LOGISTICS LLC will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is completed. Upon completion (including completion of payment), the website files will be provided electronically to the client or the website published live, depending on which option the Client chooses.

11. Completion Timeframes
Client understands, agrees and acknowledges that NETCOM LOGISTICS LLC does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame (and price) is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client’s project(s), availability of NETCOM LOGISTICS LLC personnel, accounting status of Client’s account, etc.

If Client does not respond to NETCOM LOGISTICS LLC communications and, as a result, NETCOM LOGISTICS LLC is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.

12. Client Approval
Client is responsible for testing the functionality of the website upon NETCOM LOGISTICS LLC’s request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc.

Client website may be posted live as soon as the website design is completed by NETCOM LOGISTICS LLC. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website may be posted live within 30 days from purchase if NETCOM LOGISTICS LLC is required to complete content and design without complete Client input or content from Client.

The Client understands and agrees that if the Client does not respond within 5 business days to NETCOM LOGISTICS LLC’s request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.

The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to NETCOM LOGISTICS LLC’s notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”.

In the event that NETCOM LOGISTICS LLC completes all of the work per the original sale and database write ups, NETCOM LOGISTICS LLC reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.

13. Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.

14. Website Change Requests Before and After Website Goes Live
NETCOM LOGISTICS LLC agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at NETCOM LOGISTICS LLC’s standard hourly rate. NETCOM LOGISTICS LLC is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If NETCOM LOGISTICS LLC does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

15. Database/Programming
NETCOM LOGISTICS LLC does not guarantee a time frame for completion of ANY custom database or custom programming completed by NETCOM LOGISTICS LLC or an NETCOM LOGISTICS LLC Partner. If database is completed by NETCOM LOGISTICS LLC, a custom “Database Specifications Summary” may be presented to the Client. NETCOM LOGISTICS LLC agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and NETCOM LOGISTICS LLC may proceed with development of the custom database as outlined. A Database Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.

If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at NETCOM LOGISTICS LLC’s standard hourly rate. There is no guarantee that changes made by NETCOM LOGISTICS LLC to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client’s requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.

Client is responsible for testing the functionality of the website upon NETCOM LOGISTICS LLC’s request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.

If the Client requests NETCOM LOGISTICS LLC to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at NETCOM LOGISTICS LLC’s standard data entry rates.

16. E-commerce/Stores
Client may or may not be provided with instructions to input products into the store. If Client requests NETCOM LOGISTICS LLC to enter products into the store on Client’s behalf, the Client will be charged, and agrees to pay, for each product added to the store at NETCOM LOGISTICS LLC’s standard product-entry rates. Client is required to submit store content to NETCOM LOGISTICS LLC via NETCOM LOGISTICS LLC’s content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at NETCOM LOGISTICS LLC’s standard hourly rate for requested changes. (See Database/Programming)

Client is responsible for testing the functionality of the e-commerce store upon NETCOM LOGISTICS LLC’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. NETCOM LOGISTICS LLC is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.

17. Enhancements to Website
Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.

Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and NETCOM LOGISTICS LLC will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.

18. Expedited Services
While NETCOM LOGISTICS LLC does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by NETCOM LOGISTICS LLC at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that NETCOM LOGISTICS LLC will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.

The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by NETCOM LOGISTICS LLC and Client’s timely cooperation with NETCOM LOGISTICS LLC in any solicitation for information related to the website’s development.

If expedited service is offered to Client by NETCOM LOGISTICS LLC, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will NETCOM LOGISTICS LLC guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide NETCOM LOGISTICS LLC with requested information in a timely manner, NETCOM LOGISTICS LLC reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to NETCOM LOGISTICS LLC for any and all other charges related to the website’s development.

19. Additional Services
Client may purchase at an additional monthly cost additional services offered by NETCOM LOGISTICS LLC. Additional monthly services may include email accounts, website hosting, and website maintenance packages. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. NETCOM LOGISTICS LLC will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 30 days written notice.

20. Email Accounts
Based on the hosting support package purchased, email accounts are also provided. Email accounts may be set up and used immediately upon Client’s purchase of website. Client does not need to wait until custom website is live to use email accounts.

21. Technical Support
Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at NETCOM LOGISTICS LLC’s hourly rate and that NETCOM LOGISTICS LLC may charge Client’s account for such technical support fees.

If Client uses NETCOM LOGISTICS LLC’s technical support services, including but not limited to screen share sessions, Client acknowledges and understands that NETCOM LOGISTICS LLC does not warranty that technical support services will meet Client’s requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)

22. Customer Service
NETCOM LOGISTICS LLC strives to offer the best service available. Customer service complaints or concerns should be emailed to service@netcomlogistics.com along with a “request a read receipt” with their email to acknowledge that NETCOM LOGISTICS LLC received the email.

23. Use and Storage
Client acknowledges that NETCOM LOGISTICS LLC may establish general guidelines and limits concerning use of NETCOM LOGISTICS LLC’s services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted by NETCOM LOGISTICS LLC on Client’s behalf. Client acknowledges that NETCOM LOGISTICS LLC is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions.


24. Design Time/Service Contract
Client may wish to make changes or updates to the live website that NETCOM LOGISTICS LLC is hosting. Most changes can be made using an FTP tool. If Client desires for NETCOM LOGISTICS LLC to make changes to website, design time may be purchased at an hourly rate or in blocks of design time as a Design Service Contract.

NETCOM LOGISTICS LLC is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by NETCOM LOGISTICS LLC to repair changes made by Client will be billed to Client at NETCOM LOGISTICS LLC’s standard hourly rate or NETCOM LOGISTICS LLC may utilize design time that has been purchased by the Client.

Flash updates and PHP updates are considered enhancements or additional services purchased, and are not design updates to the website. The appropriate fee will be charged for the purchase of each enhancement. Design Service Contract time may not be used for Flash updates or PHP updates purchased by the Client. Flash and PHP Service Contracts may also be available for purchase.

25. Monthly Hosting Agreement
NETCOM LOGISTICS LLC does not currently offer hosting services.

26. Domain Names
NETCOM LOGISTICS LLC does NOT provide domain name registration services. NETCOM LOGISTICS LLC can provide recommendations to Client regarding domain name providers. NETCOM LOGISTICS LLC makes no warranty and is not responsible for any service purchased by Client from these providers. Client is responsible for the purchase and renewal of domain names and will be billed directly by domain name provider for annual renewal fees. Domain name provider must allow domain name to be hosted on out-of-house servers for NETCOM LOGISTICS LLC to offer website hosting services to Client.

If Client ceases to pay required fees to necessary domain provider(s) due to ownership of any domain name, Client’s website will be removed from NETCOM LOGISTICS LLC’s hosting services, if the website is hosted through NETCOM LOGISTICS LLC.

27. Marketing Representations
NETCOM LOGISTICS LLC makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to NETCOM LOGISTICS LLC are due at time of sale of website design and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website. NETCOM LOGISTICS LLC is not responsible for marketing of Client’s website including search engine rankings. Ultimately the success or failure of the Client’s website is the responsibility of the Client.

28. Billing Policy

Upon request of web design services, NETCOM LOGISTICS LLC requires 35% of the total project cost to initiate the development process. The balance is due on completion of the project.
Monthly email, hosting, and additional services fees are billed on the 20th of each month to coincide with NETCOM LOGISTICS LLC’s billing cycles. The amount of the initial design set-up fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package selected by Client.

NETCOM LOGISTICS LLC reserves the right to change prices at any time including monthly hosting amounts and hourly design fees. All prices are in U.S. Dollars (USD) without regard to fluctuations in foreign exchange rates.

NETCOM LOGISTICS LLC accepts payment via credit card or PayPal. Client thereby authorizes all recurring monthly hosting and/or additional services fees to be charged to the same method of payment, credit card or PayPal account for future charges until such authorization is withdrawn by Client in writing.
The Client may change payment methods including credit card and PayPal payments with 30 days notice. To change payment methods Client should contact NETCOM LOGISTICS LLC by phone. Client should not email new billing information for security purposes.

NETCOM LOGISTICS LLC reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.

29. Billing Disputes
Client should contact NETCOM LOGISTICS LLC regarding any billing disputes.
If Client wishes to dispute a charge Client must first contact NETCOM LOGISTICS LLC’s billing department and must allow 5 business days for a response. To avoid any dispute about Client’s attempt to contact NETCOM LOGISTICS LLC, Client must send the request in email to: service@netcomlogistics.com along with a “request a read receipt” with their email to acknowledge that NETCOM LOGISTICS LLC received the email.

If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. In the event that Client initiates a credit card dispute, ceases paying hosting fees or other fees due, NETCOM LOGISTICS LLC, at its sole discretion, may suspend any or all services provided to Client until the billing dispute has been resolved.

30. Termination/Cancellation of Services
NETCOM LOGISTICS LLC, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if NETCOM LOGISTICS LLC believes Client has violated the TOS. NETCOM LOGISTICS LLC may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to NETCOM LOGISTICS LLC’s services under any provision of this TOS may be effected without prior notice and that NETCOM LOGISTICS LLC may deactivate or delete Client’s account and all related information files. Client agrees that NETCOM LOGISTICS LLC shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. NETCOM LOGISTICS LLC may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to NETCOM LOGISTICS LLC. NETCOM LOGISTICS LLC also reserves the right to discontinue the designing of Client’s website at any time, at NETCOM LOGISTICS LLC’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by NETCOM LOGISTICS LLC.

If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by NETCOM LOGISTICS LLC.

Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date. Client must notify NETCOM LOGISTICS LLC in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from NETCOM LOGISTICS LLC that the request for termination has been received and no further hosting fees will be billed.

Requests for cancellation of website hosting services or additional services should be emailed to the following address: service@netcomlogistics.com along with a “request a read receipt” with their email to acknowledge that NETCOM LOGISTICS LLC received the email.

31. Cancellation Effective Date
Client may terminate hosting services with 30 days written notice. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and Client agrees to pay.

If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes NETCOM LOGISTICS LLC to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.

32. Cancellation Fee and Refund Policy
WEBSITE DESIGN/DEVELOPMENT - Refunds of the fees paid for development of the website may be issued on accounts cancelled within 90 days of the initial sale and prior to the completion of the website according to the following schedule:

 

A)

A minimum of a 50% cancellation fee will be retained by NETCOM LOGISTICS LLC on cancelled accounts even if no work has been started and no content yet submitted by the Client.

 

B)

A minimum of a 75% cancellation fee will be retained by NETCOM LOGISTICS LLC on cancelled accounts if work has been presented to the Client; or NETCOM LOGISTICS LLC has made multiple attempts to work with the Client, and Client has not responded to those attempts.

 

C)

A 100% cancellation fee will be retained by NETCOM LOGISTICS LLC and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by NETCOM LOGISTICS LLC. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.

 

D)

100% cancellation fee will be retained and NO REFUND will be issued by NETCOM LOGISTICS LLC if Client cancels after 90 days from the initial sale.

MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by NETCOM LOGISTICS LLC on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate NETCOM LOGISTICS LLC for up-front expenses and services rendered, including but not limited to, costs incurred for developing the website, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.

ENHANCEMENT SALES - A 100% cancellation fee will be retained by NETCOM LOGISTICS LLC and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by NETCOM LOGISTICS LLC on all cancelled enhancement purchases if cancelled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by NETCOM LOGISTICS LLC if Client cancels after 90 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.

MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.

Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).

By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases NETCOM LOGISTICS LLC, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against NETCOM LOGISTICS LLC’s its officers, owners, members, agents and employees.

33. Account Transfer
Requests for transferring the ownership of a website or hosting account from Client to a new owner must be completed in writing by both the current account owner and the new designated owner. The transfer is not valid until a signed request is received by NETCOM LOGISTICS LLC in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of NETCOM LOGISTICS LLC’s TOS by the new owner.

34. NETCOM LOGISTICS LLC Proprietary Rights
Client acknowledges and agrees that NETCOM LOGISTICS LLC’s services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of NETCOM LOGISTICS LLC’s services.

35. Use of Client Information
Client hereby agrees that any information or ideas submitted to NETCOM LOGISTICS LLC by any means may be used by NETCOM LOGISTICS LLC without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to NETCOM LOGISTICS LLC’s Privacy Policy.

Client herby gives permission to NETCOM LOGISTICS LLC to use samples or links to Client’s custom website designed by NETCOM LOGISTICS LLC for marketing and advertising purposes, including but not limited to, use in NETCOM LOGISTICS LLC’s online portfolio.

36. Third-Party Services
From time to time third parties may offer services or software to NETCOM LOGISTICS LLC’s clients, clients may request the use of third-party services or software, or NETCOM LOGISTICS LLC may suggest the use of third-party services or software to its clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. It is Client’s sole responsibility to ensure that the use of third-party services or software complies with third-party terms of use and licenses, these Terms of Service, and any and all applicable laws. Client assumes full responsibility for, and releases NETCOM LOGISTICS LLC from, any and all liability associated with the use of third-party services or software. NETCOM LOGISTICS LLC does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access NETCOM LOGISTICS LLC’s services. Client also agrees that NETCOM LOGISTICS LLC is under no obligation to provide Client with any enhancements, updates, or fixes to make NETCOM LOGISTICS LLC’s services accessible through any third-party applications or services, including third party hosting services. NETCOM LOGISTICS LLC is under no obligation whatsoever to provide support or service for websites hosted on third party servers or non-NETCOM LOGISTICS LLC servers.

37. Disclaimer of Warranties
CLIENT’S USE OF NETCOM LOGISTICS LLC’S SERVICES IS AT CLIENT’S OWN RISK. NETCOM LOGISTICS LLC’S SERVICES ARE PROVIDED “AS IS”. NETCOM LOGISTICS LLC DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NETCOM LOGISTICS LLC DISCLAIMS ANY WARRANTIES REGARDING NETCOM LOGISTICS LLC’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NETCOM LOGISTICS LLC DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NETCOM LOGISTICS LLC’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. NETCOM LOGISTICS LLC DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. NETCOM LOGISTICS LLC DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH NETCOM LOGISTICS LLC’S SERVICES, OR LINKS PROVIDED BY NETCOM LOGISTICS LLC’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY NETCOM LOGISTICS LLC OR OBTAINED THROUGH LINKS PROVIDED THROUGH NETCOM LOGISTICS LLC’S SERVICES.

CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NETCOM LOGISTICS LLC’S SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.

38. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT NETCOM LOGISTICS LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NETCOM LOGISTICS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE NETCOM LOGISTICS LLC’S SERVICES, RELIANCE ON NETCOM LOGISTICS LLC’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF NETCOM LOGISTICS LLC’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH NETCOM LOGISTICS LLC’S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO NETCOM LOGISTICS LLC’S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO NETCOM LOGISTICS LLC’S SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.

Without limiting the foregoing, under no circumstance shall NETCOM LOGISTICS LLC be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. NETCOM LOGISTICS LLC’S full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to NETCOM LOGISTICS LLC.

39. Tort Claims and Other Claims
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against NETCOM LOGISTICS LLC, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against NETCOM LOGISTICS LLC in Client’s individual capacity and not as a member of a class.

40. Indemnification
Client agrees to defend, indemnify and hold harmless NETCOM LOGISTICS LLC, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through NETCOM LOGISTICS LLC’s services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by NETCOM LOGISTICS LLC or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless NETCOM LOGISTICS LLC, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.

41. Notice
Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.

NETCOM LOGISTICS LLC
PO Box 182
Moline KS, 67353

42. Severability; Waiver
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by NETCOM LOGISTICS LLC to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.

43. Jurisdiction
This agreement shall be governed exclusively by the laws of the State of Kansas, USA, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of Kansas. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Kansas, County of Elk, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise. Should there be a breach of this provision, the non-breaching party shall be entitled to an award of attorney fees.

44. Governance
NETCOM LOGISTICS LLC may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.

45. Electronic Signatures
By contacting NETCOM LOGISTICS LLC and initiating any service offered by NETCOM LOGISTICS LLC, Client acknowledges that they have read and agree to these TOS.

46. Affiliated Companies, Name Change, Assignment of Servicing
NETCOM LOGISTICS LLC reserves the right to subcontract services or assign the ongoing servicing and/or hosting of your account or this entire Agreement to another party at its sole discretion. This agreement shall not be affected by any change in the name of NETCOM LOGISTICS LLC, it’s DBAs or any other affiliated companies, or any condition, merger or acquisition of NETCOM LOGISTICS LLC and shall be automatically assigned to any successor entity of NETCOM LOGISTICS LLC and shall continue in effect thereafter in accordance with its terms.

47. Survival
The following provisions shall survive termination of this Agreement with no effective termination date: Sections 1, 7-9, 34-48.
48. General Information
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of NETCOM LOGISTICS LLC. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.

Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of NETCOM LOGISTICS LLC’s services or the Terms of Service must be filed within three (3) months after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
NETCOM LOGISTICS LLC expressly reserves the right to retain a copy of any website designs, databases, stores, flash, programs, writings, or any other work created for Client for evidentiary purposes.


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