This is an agreement between you, __________________, and Steve Piercy Web Site Builder regarding designing, building and hosting your Internet services, including consulting for these services. Our intent is to have a clear understanding of our mutual obligations and to help ensure that our business relationship will remain enjoyable and profitable for each of us.

We will design your Web site using several software packages which allow both exact placement of objects and graphics on the page and specific control over the actual HTML coding.

You have considerable control over the design of your Web site, including the use of graphics, logos, and navigation tools. In the end, the design will reflect your wishes and business interests.

Your Web site will physically reside on a server as determined by us. The address for your site will be:

www.StevePiercy.com/YourCompanyName

If you would like, you can reserve a domain name for your organization, such that your Web site address becomes:

www.YourCompanyName.com

If you choose this option, we will work with you to find a domain name which is available and will register that name with a domain name registrar as determinder by us. You agree to pay registration and consulting fees to register the domain name.

You own and can copyright the Web pages presented on your site, provided that they do not include material copyrighted by some other party.

By submitting materials for your Web site to us, you are assuring us that you have the legal right to use all of those materials and their contents. If someone else claims that those materials infringe on any rights they have (including copyright or other intellectual property rights), you agree to indemnify us for any expenses or liabilities we incur as a result of that claim (including our attorney's fees). This indemnity applies whether or not the claim has merit. This indemnity continues, even after this Agreement is terminated by either you or us.

You also own the source code (HTML programming information) which makes up your site. Subject to the section on terminating this Agreement, you can ask for and receive the source files and other material used in producing your site. We cannot use your material or source code for any other client without your permission.

In addition to your Web site, we may offer one or more e-mail lists for use with your members, customers, officers, committees, or others. These e-mail lists may take several forms:

• Announcement list—where one (or several) key people can send a broadcast message to a list of subscribers
• Public discussion list—where any member of the list can post messages which go to the entire list of subscribers, and you allow members of the public to subscribe to this list without screening
• Private discussion list—where any member of the list can post messages which go to the entire list of subscribers, but membership in the list is controlled by you
• Moderated discussion list—where each message to the list is reviewed and approved by a moderator before it is distributed to the subscribers

In general we will be responsible for setting up the list, configuring it to work in the manner you wish, and testing its functions. In general, you will be responsible for watching over the messages on this list, moderating when necessary, and maintaining standards of decorum and protocol. We can, by mutual agreement with you, shift these responsibilities if you wish.

You may use the email addresses and names which make up the subscribers of any list we host for you. We may not use those addresses for any other purpose than to support your organization, without your prior, written permission.

Subject to the section on terminating this Agreement, you can ask for and receive the computer files with the addresses and names from your lists.

We have agreed that you will pay us according to the list of services and fees on Schedule A and estimates, dated and signed by both of us.

The price of estimates is subject to change. Variations can arise if you change your requirements or if a job turns out to be more complicated than expected. In the event that unforeseen complications arise, we will inform you of the issues and provide a revised cost estimate for you to make an informed decision on how to proceed. Any agreement between us regarding changes to services must be listed in a revised Schedule A and estimates, dated and signed by both of us.

We may agree on additional features and services in connection with this site, and the fees associated with these changes. They may include consulting, design and set-up fees, and may also include a change to the hosting/maintenance fees. Any agreement between us regarding additional services must be listed in a revised Schedule A and estimates, dated and signed by both of us.

Either of us may terminate this Agreement, for any reason, or no reason, by giving 30 days notice to the other. Once the termination notice has been given, we have until the end of the notice period to provide you with your materials and source code. In addition, we may terminate this Agreement immediately, and immediately cease providing services to you, in the event that you breach any provision of this Agreement.

Examples of a breach include a failure to pay for services (by, for example, canceling your credit card authorization or disputing a valid credit card charge), using materials that are subject to the copyright or intellectual property rights of others, or submitting "offensive" materials, as described above.

In the event of a termination resulting from your breach, we will provide you with your materials, source code, and relevant graphics files within 30 days of our receipt of your payment in full of all fees then owing, if any.

We and our Internet connection hosts make every reasonable effort to keep our server and your site up and available 24 hours per day, seven days per week. There are occasions, however, when actions or problems, including problems with our upstream provider or the telephone network, temporarily prevent access to our sites, or otherwise interfere with the presentation and availability of your Web site. If, for any reason, your site cannot be accessed for more than 48 continuous hours, we will credit your account for the pro rata portion of your hosting fee represented by the service interruption.

The credit to which you are entitled shall be your sole remedy in the event of service interruption from any cause whatsoever. The credit will be in lieu of any other remedy for damages to which you might otherwise be entitled under law. Under no circumstances will we be liable for any consequential, exemplary, or punitive damages, nor for any lost profits, income or opportunities, arising out of any alleged breach by us of this Agreement. We make no other warranty except as is specifically described in this Agreement, and no additional warranties are implied by or may be inferred from the terms of this Agreement.

In the event of any dispute between us arising out of this Agreement or the services which we will be providing, you and we agree to submit the dispute to binding arbitration in Santa Cruz County, California, in accordance with the arbitration rules of Judicial Arbitration and California Community Dispute Services. The arbitration fee shall be shared equally between us. Each party shall be responsible for its own attorneys fees and expenses.

1. contains the entire Agreement between us regarding the services to be provided,
2. may be amended or modified only by a written document signed by both of us, and
3. will be governed by and construed in accordance with California law.

STEVE PIERCY WEB SITE BUILDER

By: ______________________

STEVE PIERCY, Owner

Date: _____________________

______________________________

(client)

By: ______________________

Date: _____________________

All Plans Include

• Hosting on a national Tier-1 network provider
• Climate controlled and physically secure data center
• Site monitoring
• FTP Access
• Web Site Statistics
• Mail Aliases/Forwards
• Web-Based Email Administration
• Spam and Virus Scanning (SpamAssassin and ClamAV Virus Checking)
• DNS manager
• Lasso Professional 8.5
• PHP
• Raw Logs
• Domain Aliases

* SSL Support requires a Dedicated IP Address

Merchant Accounts and Payment Gateways
I offer merchant accounts which can accept the following payment methods:

• credit card through online, mail or telephone (card not present, eCommerce)
• retail credit card (card present, brick and mortar, face-to-face sales)
• eCheck.net (checks by web, telephone and fax)
• automated recurring billing (ARB)

I also offer the following optional and additional services:

• Cardholder Authentication Programs
• Fraud Detection Suite
• Customer Information Manager

Competitive Rates and Fees
My fees for payment gateway and merchant account services are very low and highly competitive. Compare my prices against what your bank charges for the same services.

Click to Sign Up Now for an Authorize.net Internet Payment Gateway Account. Payment Gateway Services Provided through Authorize.Net Recommended for those who already have an Internet Merchant Account
NOTE: The following fees are separate from Merchant Account Fees
	eCommerce (card not present)	Retail (card present)
Payment Gateway Account Setup Fee	$99.00	$99.00
Payment Gateway Monthly Fee	$17.95	$15.00
Payment Gateway Per Transaction Fee	$0.10	$0.06
eCheck.Net Services Provided through Authorize.Net
	Standard	Preferred
eCheck.Net Setup	FREE	FREE
eCheck.Net Minimum Monthly Fee	$10.00	$10.00
eCheck.Net Batch Fee	$0.30	$0.30
eCheck.Net Per-Transaction Fee	$0.30	$0.50
eCheck.Net Discount Rates Monthly Volumes in US Dollars	Standard	Preferred
$200,000.00 or more	0.50%	0.00%
$50,000.00-$199,999.99	1.00%	0.00%
$5,000.00-$49,999.99	1.50%	0.00%
$0-$4,999.99	1.75%	0.00%
Automated Recurring Billing (ARB) Services Provided through Authorize.Net
ARB Setup	FREE
ARB Monthly Fee	$10.00
Cardholder Authentication Program (CAP) Provided through Authorize.Net
CAP Setup	FREE
CAP Monthly Fee	$20.00
CAP Per-Transaction Fee	$0.06
Fraud Detection Suite (FDS) Provided through Authorize.Net
FDS Setup	FREE
FDS Monthly Fee	$5.00
Customer Information Manager (CIM) Provided through Authorize.Net
CIM Setup	FREE
CIM Monthly Fee	$20.00

Click to Sign Up Now for a Merchant Account. Merchant Account Services Provided through Capital Merchant Solutions Includes an Authorize.net Account (contact CMS for their Authorize.net account fees)
NOTE: Banks usually charge Industry Standard rates
	Industry Standard	Steve Piercy
Setup Fee	$100 - $500	FREE
Internet Credit Card Processing Software with Web Terminal	$199 - $1299	FREE
Application Fee	$50 - $295	FREE
Programming Fee	$50 - $295	FREE or ask for custom pricing
Discount Rate	2.25% - 3.95%	2.14%
Transaction Fee	$0.30 - $0.50 per transaction	$0.24 per transaction
Statement Fee	$10.00 - $25.00 per month	$8.95 per month
Customer Service Fee	$10.00 - $15.00 per month	FREE
Checks by Phone Software	$195 - $295	FREE
Check Recovery Service	$99 - $299	FREE

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