Terms and Conditions
- Client must comply with acceptable standards of advertising. Final and continuous approval of ad content, layout and Web Page content shall be at the determination of Ad-Lit Web Solutions as a division of Ad-Lit, Inc. and hereinafter referred to as "Ad-Lit, Inc."
- This Agreement shall be assignable by Ad-Lit, Inc. and shall be binding on the parties hereto and on their heirs, personal representatives, administrators, successors and assigns.
- Ad-Lit, Inc. may, in its sole discretion, terminate this Agreement without incurring any liability to Client other than for the return of any advertising materials, and the refund of any payments made by Client to Ad-Lit, Inc., minus pro-rated portion of payment for time advertisement was on-line, plus any and all advertisement creation and setup costs.
- This Agreement is subject to acceptance by Ad-Lit, Inc.. In the event that Client is delinquent in its payment to Ad-Lit, Inc. under this agreement, or in the payment of any other contractual obligation to Ad-Lit, Inc., Ad-Lit, Inc. may terminate this Agreement and/or Internet Services.
- Client understands that the Web hosting services are for one full year and Termination of this agreement shall be at Ad-Lit, Inc.'s sole discretion.
- This agreement may not be cancelled by the Client without the prior written consent of Ad-Lit, Inc.
- A $50 fee will be charged each time a check is returned for insufficient funds. Client agrees to pay interest at the rate of 1½% per month (18% per year), on any delinquent charges computed through the time of payment.
- The design and content of Client's advertisement shall be determined by the Client. However, the design and content shall be the property of Ad-Lit, Inc. until any and all Client's obligations herein are fulfilled. Client warrants that all advertising materials submitted by it for inclusion on the Internet shall be and are the Client's property and that inclusion of such material shall not constitute a violation of any copyright or trademark or cause harm or damage to any person or entity.
- Client agrees that it will hold harmless, defend and indemnify Ad-Lit, Inc., and any personnel or agents from any liability or expense (including reasonable attorneys' fees) that they may incur as a result of the use of any materials submitted by the Client.
- Insurance. Ad-Lit, Inc. shall maintain fire and extended coverage insurance against the loss or destruction of any advertiing materials in its possession; provided, however, that such insurance shall be limited to the replacement value of the materials. Ad-Lit, Inc. shall not be responsible for any other, consequential damages sustained by the Client by reason of the loss or destruction of advertising materials, including but not limited to loss of business opportunities, and Client hereby releases and waives all such claims. For the purpose of this agreement, advertising materials in the possession of Ad-Lit, Inc. shall mean only those materials located on Ad-Lit, Inc.'s business premises or in the possession of any personnel, agent or assign.
- Force Majeure. If Ad-Lit, Inc. is delayed in the performance of any act required of it hereunder by any act or omission of Client, labor troubles, inability to procure materials or services, failure of power, restrictive governmental regulations (including act or regulation of any state, federal, regional, or local agency, group or organization), riots,
insurrection, war, or like reason not within Ad-Lit, Inc.'s control, then the period of performance of the act shall be extended for a period equivalent to the period of the delay. - Ad-Lit, Inc. shall be the owner of the Web hosting services and final advertisement remains the property of Ad-Lit, Inc.
- Client agrees that additional changes may be made to their Internet page at a cost of $75.00 per hour with a one hour minimum.
DISCLAIMER
AD-LIT, INC. PROVIDES THE PRODUCTS AND SERVICES TO BE ACCESSED ON ITS DELLS.COM (WISTRAVEL.COM) WEBSITE "AS IS" BASED ON INFORMATION PROVIDED BY THE USTOMER AND FOR INTERNET MARKETING SERVICES OPPORTUNITIES SELECTED BY THE CUSTOMER AND AD-LIT, INC. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS AND SERVICES PROVIDED UNDER THE TERMS OF THIS AGREEMENT.
LIMITATION OF LIABILITY
AD-LIT, INC. SHALL NOT BE RESPONSIBLE FOR ERRORS, OMISSIONS, PROBLEMS OR DAMAGES THAT MAY BE INCURRED BY CUSTOMER AS A RESULT OF COMPUTER HACKING, POWER OR OPERATIONS FAILURES, HARDWARE FAILURES, INTERNET TRANSMISSION FAILURES, INADEQUATE OR FAILED CREDIT CARD SECURITY DURING USE OF THIS WEBSITE, AND ERRORS OR OMISSIONS THAT MAY OCCUR BY PUBLICATION ON THE WEBSITE OF CUSTOMER'S BUSINESS INFORMATION. ADVERTISER AGREES THAT AD-LIT, INC. IS NOT AN INSURER OF ITS BUSINESS AND CUSTOMER WILL INDEPENDENTLY OBTAIN SUCH INSURANCE, IF ANY, THAT MAY BE AVAILABLE. PRICES CHARGED BY AD-LIT, INC. ARE BASED SOLELY UPON EACH ELECTRONIC MARKETING OPPORTUNITY PROVIDED THROUGH THIS WEBSITE AND IS UNRELATED TO THE VALUE OF, OR INVESTMENT IN, THE CUSTOMER'S BUSINESS. ADVERTISER AGREES THAT AD-LIT, INC. WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SALES, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ERRORS, OMISSIONS OR OTHER COMPUTER SYSTEM OR ELECTRONIC FAILURES. ADVERTISER FURTHER ACKNOWLEDGES AND AGREES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO IDENTIFY ANY ACTUAL DAMAGES THAT MAY BE SUSTAINED AS A RESULT OF ANY OF THE ABOVE FAILURES OR CAUSES AND, THEREFORE, UNLESS A GREATER LIMIT TO AD-LIT'S LIABILITY HAS BEEN NEGOTIATED BETWEEN AD-LIT, INC. AND THE CUSTOMER IN EXCHANGE FOR AN ADDITIONAL AMOUNT TO BE CHARGED BY AD-LIT, INC. FOR TAKING A GREATER RISK OF LOSS, AD-LIT'S LIABILITY FOR ERRORS, OMISSIONS, OR ELECTRONIC FAILURES WILL NOT EXCEED THE TOTAL PRICE ACTUALLY PAID BY THE CUSTOMER FOR INCLUSION ON THE DELLS.COM (WISTRAVEL.COM) WEBSITE. IF CUSTOMER DESIRES TO NEGOTIATE DIFFERENT TERMS OR HIGHER LIABILITY LIMITS, THEN ADVERTISER MAY DO SO. HOWEVER, THE NEGOTIATION OF HIGHER LIABILITY LIMITS IN EXCHANGE FOR ADDITIONAL CHARGES MUST BE SET FORTH IN A WRITTEN ADDENDUM TO THIS AGREEMENT AND MUST BE EXECUTED BY BOTH AD-LIT, INC. AND BY THE CUSTOMER SPECIFICALLY DEFINING THE TERMS AND CONDITIONS OF SUCH INCREASED LIABILITY.
This agreement represents the entire agreement between the parties and specifically supersedes any and all other oral or written communications, memoranda, notes, letters, emails or other electronic communications between the parties.
