AgencyWorkz Web Services Terms of Use Agreement 1. Definitions - AgencyWorkz is a monthly or annual subscription package of web enabled applications, software and Internet based services herein after known as 'AgencyWorkz', 'System(s)', or 'Service(s)'. AgencyWorkz is provided by InsuranceWorkz, a wholly owned subsidiary of MetaWorkz, LLC. You, the person(s) reviewing and completing this online agreement, are herein after known as the 'Registrant'. The person(s), company, firm or agency using the AgencyWorkz system and responsible for the payment of fees, are herein after known as the 'Subscriber'. 2. Agreement - AgencyWorkz, including all related systems and services, are provided to the Subscriber under the terms and conditions of this AgencyWorkz Web Services Agreement ('AWSA'), any amendments thereto as well as any operating rules, policies or procedures currently in effect. MetaWorkz, LLC., reserves the right, at its sole discretion, to change, modify, add or remove all or part of the AWSA at any time. The Subscriber will receive notice of such changes and/or modifications to the AWSA. By accepting the terms and conditions of the AWSA below as the, or on behalf of, the Subscriber, the Registrant represents and warrants that; (a) he
or she is 18 years old or older False information provided by the Registrant or Subscriber with the intent to use the service for illegal purposes or purposes prohibited in this AWSA will result in immediate service termination and if applicable will be reported to the appropriate law enforcement agency. 3. Site Setup 3A. The content and structure of all AgencyWorkz sites will be setup using the content and structure of the AgencyWorkz demonstration site, http://www.insuranceagencywebsite.com. 3B. Any customization of the standard AgencyWorkz site will be defined in an additional AgencyWorkz Customization work order. If a custom work order is present only the items outlined in the work order will be modified as stated, all other elements of the AgencyWorkz site will be created as outlined in section 3A above. Additions and/or changes to the content or site structure currently displayed on the AgencyWorkz demonstration site, http://www.insuranceagencywebsite.com, and/or customization of graphics beyond logo integration requested by the Subscriber but not outlined in a custom work order, will be charged to the credit card on file at current InsuranceWorkz published development rates upon completion of addition or change 4. Payment Policy - Monthly payment option is only available via Master Card or Visa automated recurring billing. Annual payment can be made by Check, Master card or Visa. Initial payment is due with order and includes setup fee (if applicable), first month and reserve month. Annual payment requires setup fee (if applicable), and amount equal to 12 months of service. Service is renewed monthly on the day of the month of initial order and is billed to the card on file automatically. If annual via credit card then on anniversary date. If annual via check, an invoice will be generated approximately 45 days prior to anniversary date. 4A. In the event the credit card on file is declined for monthly service, the Subscriber will be notified and service will continue into reserve month. 4B. Payment for additional services rendered to the Subscriber will be charged to the credit card on file upon issuance of invoice that is emailed to subscriber. In the event the card is declined for the additional services the Subscriber will be notified and the amount of the invoice will be deducted from the reserve month and incur a $15.00 handling fee. Subscribers who pay on an annual basis, without a card on file, will be invoiced by e-mail with payment due within 15 days of e-mail date. Past due payments will be charged against the annual account at a rate of 1.5 times the current development rate and the renewal date will be modified accordingly. 4C. Accounts that are are in the reserve month, or reserve month balance is below the current monthly service amount, are considered past due and a late payment penalty of 1.5% may be applied to outstanding balances. If paid annually by check no further support requests will be honored until past due payments have been received. 4D. An account in reserve month will remain active until next scheduled billing date at which time if entire balance has not been paid and/or card can not be drafted, including restoration of reserve month, the service will be suspended. In the event of site suspension a $50 reinstatement fee will apply. The site will be held in suspension for a period of 60 days at which time it will be deleted from the system and will not eligible for reinstatement. 5. Support, Training and Maintenance Policies - Support is defined as an inquiry or request from the Subscriber for information about the use, setup, configuration or maintenance of the services and systems provided by MetaWorkz, LLC., or InsuranceWorkz, for use with the AgencyWorkz program. Support includes but is not limited to; web builder modules, web editing modules, hosting accounts, e-mail services, e-marketing services and domain management. Support does not include systems and services provided by third parties. Support, as defined above, is provided free of charge for AgencyWorkz Subscribers via the SupportWorkz web site at http://www.SupportWorkz.com. Scheduled Telephone Training - Scheduled Telephone Training is provided for new AgencyWorkz Subscribers. Training time is dependent on the level of service subscribed for. Scheduled Telephone Training included with new sites MUST be scheduled in advance with MetaWorkz, LLC. personnel within 30 days of initial site setup to be completed with 45 days of initial setup. Additional Scheduled Phone Training may be purchased. Phone Support - Phone support is provided on a "as available" basis and is billed in 15 minute minimum blocks at $30.00 per block for the first 15 minutes and $20.00 per block thereafter per session. Payment is due as outlined in 4B above. Request
MetaWorkz / InsuranceWorkz Perform Site Edits - If the
Subscriber requests MetaWorkz / InsuranceWorkz., personnel make
site edits, service will be provided on a "as available" basis
and is billed in 15 minute minimum blocks at $30.00 per block
for the first 15 minutes and $20.00 per block thereafter per
session. Payment is due as outlined in 4B above. Site edits are
considered edits, additions or deletions to the existing site
content and structure and do not include custom functionality,
form modification, third party product support, custom scripting
or programming. 6. Ownership - Conditioned on receipt of payments due, MetaWorkz, LLC grants license in perpetuity of the web site to the subscriber. The subscriber, any employee of the subscriber, or any third party representing or providing services to the subscriber may not resell, attempt to resell, license or sub-license any proprietary technology, intellectual property, content or code used in the development of the web site. The subscriber may not attempt to copyright or patent any content, code or method of the site. Unless specifically stated, MetaWorkz, LLC retains the ownership and copyright of all content, technology including methods, programming, code, and software developed by MetaWorkz, LLC during the course of development and reserves the right to resell these technologies. The subscriber retains copyright and ownership of content provided to the developer during the course of development or added by the subscriber once established online. All data collected via the web site remains the property of the subscriber. In the event the subscriber sells the site to a third-party, all terms and conditions of this agreement shall transfer to the party that purchases the site and all provisions to the subscriber will continue in full force and effect unless released in writing by MetaWorkz, LLC. 7. Cancellation - Service may be cancelled at any time by the Subscriber. Cancellations will be effective on the monthly renewal date and must be received in writing via the SupportWorkz system 10 days prior to the monthly renewal date to avoid automated billing deduction. Cancellations will not be pro-rated. Reserve month will be credited to card holders account within 30 days of cancellation effective date if the account has been active for at least six consecutive months. If the service is cancelled prior to six consecutive months the reserve month is forfeited. If service is based on a 12 month agreement and the service is cancelled prior to the completion of 12 months, the Subscriber authorizes MetaWorkz, LLC., to apply deposit against outstanding balance and charge for remaining months. If the account is cancelled and an outstanding balance remains MetaWorkz, LLC., may hold domains, sites, data sources and merchant accounts in trust until such time that the balance is paid in full. In the event the service is cancelled, all current and future proprietary MetaWorkz and/or InsuranceWorkz products, including but not limited to; AgencyWebKit, BackApp, WorkzApp, Insurance Information Feeds, Insurance Glossary, WorkzMail, eSRWorkz, BrokerTRAC, CourseWorkz, EditWorkz or any other product offered for individual sale, that are included in packaged rates, must be immediately licensed individually or removed from the site if it remains live on the Internet.8. Permissions - The Subscriber warrants they have the rights, copyright and/or permissions to use material provided to MetaWorkz, LLC for the development of the project including any and all content, graphics, photographs, video and links. The subscriber further agrees to indemnify MetaWorkz, LLC for any damages resulting from the use of said material in the subscriber's project. 9. Default/Disputes - The Subscriber shall pay all arbitration costs, court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of MetaWorkz, LLC. MetaWorkz, LLC shall pay all arbitration costs, court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of subscriber. 10. Hosting - If the Subscriber web site is hosted with our web and database hosting facility WorkzHost, then the following applies; MetaWorkz, LLC provides hosting on an 'as is, as available' basis. MetaWorkz, LLC gives no warranty, expressed or implied, for the web hosting services provided, including e-mail services, including, and without limitation, warranty of the merchantability and/or warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of hosting, e-mail service or loss of data by MetaWorkz, LLC or its providers. MetaWorkz, LLC's sole liability shall be for the pro-rata portion of the fee for hosting service. subscriber will use the hosting account in a manner consistent with any and all applicable laws of any state or country the subscriber does business in. MetaWorkz, LLC at its sole discretion, may cancel the hosting agreement if subscriber posts, or causes to be posted, material for online gaming or material deemed to be abusive and/or unethical such as, but not limited to: pornography, obscenity, nudity, racism, copyrighted media, or any other material deemed illegal by the state of Washington, the United States or the country of origin. MetaWorkz, LLC at its sole discretion, may cancel the hosting agreement if the subscriber generates or, by reference to subscribers site, participates in the generation or delivery of unsolicited bulk email (SPAM.) 11. Product Compatibility - MetaWorkz, LLC warrants that all site code is based on commercially available development tools. MetaWorkz, LLC does not warrant or guarantee that products residing on, or initially developed on our hosting servers will be compatible with all hosting services. 12. Browser Compatibility - MetaWorkz, LLC does not warrant or guarantee the use, integration or performance of the site, or software, with any web browsers except the versions of Microsoft® Internet Explorer and Mozilla Firefox ©, that were current at the time the site or software was available, whether live or not, online to the the subscriber. Payment for changes to make the web site or software compatible with any other browsers, or future updates of browsers is the responsibility of the subscriber. 13. Third Party Providers - MetaWorkz, LLC does not warrant or guarantee the use, integration or performance of subscriber third party providers. Payment for changes to make the web site compatible with any third party provider at the time of installation/integration or when the third party has made changes to its product is the responsibility of the subscriber. 14. Provisions - If any provision of this contract is invalid under applicable law, the remaining provisions will continue in full force and effect. This contract, all intellectual property issues, and your rights and obligations shall be governed by the laws of the State of Washington. |