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Deca Style
Thanks BWE for all the hard work on the development and implementation of our site.

As an internet startup company selling antique and reproduction furniture, it was extremely important for us to combine functionality and artistic quality.

Our site is exactly as we had envisioned it, simple clear design, easy to use and streamlined.

Traci Anton
Owner

BWE, Inc.
Standard Agreement for Storage and Transfer of Data Over the Internet

The following Agreement is by and between Bradley World Enterprises, Inc. ("BWE"), a California corporation, of 15 Grace Lane, Coto de Caza, CA 92679

-and-

[contact name] [business/organization] ("Client") of [full client address]

The Agreement is effective as of the account activation date: [account activation date].

WHEREAS, BWE is an information provider connected to the Internet. BWE offers storage and transfer services over the Internet through access to its Internet Servers;

WHEREAS, Client seeks to utilize BWE's services for Client's own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, BWE can make no guarantee that any given Internet user shall be able to access BWE's network(s) at any given time, nor does BWE make any explicit or implied service performance guarantees. BWE represents that it shall make good faith effort to ensure that its servers and network are available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

I. Financial Arrangements:

1. Client agrees to a [n] month automatically-renewing contract ["Original Term"], beginning upon the receipt of payment by BWE.

(a) The [n] month term is as defined on the client's sign-up account form(s) submitted.

(b) The minimum term is three (3) months.

2. The first [n] month hosting payment plus setup charges, if any, shall be due upon receipt of order and before the order is set-up.

3. This Agreement will automatically renew for successive periods equal to the length of the Original Term, unless canceled in writing per the Termination clause. Renewal prices are subject to change. Renewal of services by Client indicates uncoditional agreement to Agreement revisions and price changes.

4. Client is hereby agreeing and requesting to be enrolled in an automated recurring payment system. Any and all additional services and features used and ordered will be billed to the Client's credit card used at sign-up; likewise, any and all renewal invoices will be billed to the same card, unless the client updates the card-on-file accordingly. Client may opt out of the automated payment plan by contacting info@bwe.net; such opt-out, however, may result in inability to order additional accounts and/or services on credit by Client, at BWE's sole discretion. For clients with month-to-month billing terms, recurring credit card billing is mandatory; month-to-month terms are not available for clients without a credit card for recurring billing on file.

5. Furthermore,

(a) Client shall pay all invoices on or by the due date, in full.

(b) Any and all disputes arising out of billing shall be investigated and resolved only when there is no overdue balance (regardless of any overdue balance being disputed) owing on the account.

(c) Failure to pay a disputed invoice in full by the due date shall be interpreted as customer’s acknowledgement and acceptance of charges as correct and no investigation or modification on the charges in question shall be allowed after failure to pay, in full, by the due date.

(d) Late payments will incur a (a) $20 or 10% of total amount due fee, whichever is less, if paid under a week late, (b) $50 or 20% of total amount due fee, whichever is less, if paid one to two weeks late, or (c) $200 or 30% of total amount due fee, whichever is less, if paid more than two weeks late. The percentage penalty shall be calculated based on the total amount invoiced. The lesser of the set fee or the percentage fee shall be due.

(e) In case of service suspension due to no or incomplete payment, where BWE reserves the right to suspend or permanently terminate all of Client's service(s) on the day following the payment due date upon incomplete or no receipt of payment, a minimum of $100 reconnect fee per account shall apply in order to resume service. No reconnect option shall be available if service has been permanently terminated; full past term charges and charges as per the Termination clause shall be due.

(f) Payment is deemed as paid on or by the due date if (a) credit card payment is made and authorized on or by the due date, (b) wire transfer is received in BWE’s bank account on or by the due date, (c) a certified cheque or money order is received by BWE on or by the due date, or (d) a business or personal cheque is received by BWE before the due date. All other payments shall be deemed late payments.

6. In the case of a corporate client, the individual under whose name the order is made is personally responsible and liable for all payments due.

II. Taxes:

BWE shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or BWE's servers and services. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products, services and information sold.

III. Material, Products, Information and Services:

1. Client will provide BWE with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of BWE. BWE shall make no effort to validate this information for content, correctness or usability. 2. BWE will exercise no control whatsoever over the content or format of the information passing through its network or residing on its or its Clients' servers. BWE will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. In the event that material provided by the Client is not "server-ready", BWE may, at its option and at any time, reject and delete this material, including but not limited to after it has been put on BWE's server(s). BWE agrees to notify the Client of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of BWE. If the Client fails to modify the material, as directed by BWE, within a reasonable period of time, which shall be solely determined by BWE, the Agreement shall be deemed to be terminated.

3. Use of any information obtained by way of BWE is at the Client's own risk, and BWE specifically denies any responsibility for the accuracy or quality of information obtained through its services or its representatives.

4. Connection speed represents the maximum speed of a connection and do not represent guarantees of available end to end bandwidth.

5. BWE reserves the right to change, without notice, its service, including, but not limited to, access procedures, hours of operation, documentation, ordering procedures, and services offered.

IV. Hardware, Equipment & Software:

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access BWE. BWE makes no representations, warranties or assurances that the Customer's equipment will be compatible with the BWE service.

V. Age:

The Client certifies that he or she is at least 18 years of age.

VI. Internet Etiquette:

1. Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.

2. The network resources of BWE may not be used to impersonate another person or entity or misrepresent authorization to act on behalf of others or BWE. All messages transmitted via BWE, or referring to any hosting or other service provided by BWE, should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or any other communication or transmission.

3. Client must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain any unauthorized access. Client is not expressly permitted to commit, or authorize others to commit, "spam" (unsolicited bulk E-mailing), hacking, viewing other user activities or files, or other similar activities, performed via BWE's servers or through the systems of others in any connection with service provided by BWE.

4. Client shall fully comply with BWE's Acceptable Server Use Policy, found at the Internet URL: http://www.bwe.net/services/acceptable_use.cfm

VII. Reasonable Use:

1. The Client agrees to be limited to reasonable server CPU, memory, as well as bandwidth use, to be determined solely by BWE. The Client shall not use more server and network resources as may be dictated by BWE from time to time.

2. Hosting Clients may or may not be under a traffic quota. In either case, and especially in the latter, it is the Client's sole responsibility to monitor its traffic level and pay for any and all overage traffic used at the currently prevailing published rates.

3. BWE IS UNDER NO OBLIGATION TO IMPOSE ANY TRAFFIC OR OTHER QUOTAS FOR THE CLIENT. THE CLIENT SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL USAGE OVER 10GB PER MONTH.

VIII. Termination:

1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice, sent by E-mail, fax, or courier. Client is responsible for all fees and charges incurred for the 30 days immediately following the written notice. Prepaid fees shall not be refunded to the Client by BWE, unless they exceed one (1) hundred US dollars.

2. Notwithstanding the above, BWE may terminate service under this Agreement at any time with immediate effect and without penalty or any refund to Client, if the Client fails to comply with any of the terms of this Agreement.

IX. Disclaimer of Warranty and Limitation of Liability:

1. Client expressly agrees that use of BWE's Server is at Client's sole risk. Neither BWE, its officers, directors, employees, affiliates, agents, third party information providers, contractors, merchants, licensors nor the like make any warranty whatsoever whether expressed or implied. They also disclaim any warranty of merchantability or fitness for any particular purpose.

2. Under no circumstances, including their negligence or gross negligence, shall BWE, its officers, directors, employees, affiliates, agents, contractors, third party information providers, merchants licensors or the like be liable for any direct, indirect, incidental, special, consequential or any other type of damages whatsoever. Client hereby acknowledges that this paragraph shall also apply to all content on BWE's service.

3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence, gross negligence, putative conduct or otherwise, shall not exceed the aggregate dollar amount which Client paid during the Original Term of this Agreement.

X. Lawful Purpose:

Client may only use BWE's services for lawful purpose. Transmission of any material in violation of any Federal, State or Local law or regulation is prohibited. This includes, but is not limited to trademark or copyright infringement, material that is threatening, obscene, profane, or material protected by trade secrets of others. This also includes links or any connection to such materials.

XI. Indemnification:

1. Client agrees that it shall defend, indemnify, save and hold BWE harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees ("Liabilities") asserted against BWE, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless BWE against Liabilities arising out of (i) any injury to person or property caused by any products or information sold or otherwise distributed in connection with BWE's services; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement, (iv) any improper use of the Client's account(s) under any circumstances (including unauthorized (ab)use of Client's account(s)), and (v) any defective product or service which Client sold via BWE's services.

2. If the Client fails to comply with any terms of this Agreement, it shall be fully responsible for the cost of labor and any and all other costs (e.g. losses or legal expenses) incurred by BWE in order to rectify the damage caused and due to the damage caused by the Client or via improper use of the Client's account(s).

XII. Reselling:

Client is not allowed to resell the storage and transfer services provided by BWE.

XIII. Miscellaneous:

1. The Client agrees to be bound by this agreement fully and unconditionally upon ordering BWE's services. Ordering of BWE's services shall act as Client's express and full agreement to this Agreement. Furthermore, the Client's listed contact certifies full personal agreement to this Agreement by ordering BWE's services on behalf of the Client.

2. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Agreement are agreed to by both parties upon renewal of services and upon all new account and feature set-ups for the Client by BWE.

3. Non-enforcement of any section of this Agreement does not constitute consent and BWE reserves the right to enforce this Agreement at its sole discretion.

4. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining positions shall remain in full force and effect.

5. This Agreement shall be governed and construed in accordance with the laws of the State of California, USA. Both parties agree that any dispute arising out of this Agreement, or any relationship between the parties, will be resolved only in the state courts in the State of California, and in no other jurisdiction. Each party submits to personal jurisdiction in the State of California.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.



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