Computer Repair Service San Antonio TX

No contents of the page may be copied without prior written permission from TMS Computer Service.

By signing this agreement, I certify that I am an authorized representative to make decisions and give permissions to make changes to the website

domain name registered as: http://www.____________________________________________________________________________.

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Company/Owner of Domain Name Authorized Representative (PRINT) Contact Phone

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Name of Supervisor (PRINT) Company Address Supervisor Phone

I hereby grant TMS AND ITS ASSOCIATES the authorization to make changes on the domain name registrar’s website (if needed) and to provide the service(s) selected below.
Requested services:

________ Monthly SEO service ________Monthly Website Hosting ________Monthly Newsletter ________ Website Changes

________ Website Updates ________ New Website Design ________ Other (please specify) ___________________________.

Data Protection/Back-up - It is the sole responsibility of customer to regularly back-up data including, but not limited to, data files, website files and email accounts.

Hosting - No material may be copied, republished or distributed from the TMS website or any of the websites maintained by TMS AND ITS ASSOCIATES. Hosting does not include website design services. Customer is responsible for all content in hosting account. No content is allowed on TMS hosted websites, including email accounts, containing illegal content, racial slurs, or any material containing nudity or pornographic content. Any content that may violate or discriminate against race, creed, color, age, or sex is not allowed. Customer may not submit, publish, republish or distribute any material not owned by customer without written authorization from owner or content protected by copyright laws. TMS hosting does not allow storage of files which include, but is not limited to, music, photo, video, and large data files. All files must be linked to the website. Viruses, Trojans, Worms, Malware, Spam, or any program that is harmful or may cause damage is not allowed. File sharing applications are not allowed. TMS AND ITS ASSOCIATES may terminate any hosting account, which includes email accounts at any time for non-compliance of the terms of service agreement. TMS AND ITS ASSOCIATES SHALL NOT BE OBLIGATED TO PROVIDE SERVICE UNTIL A WORK ORDER OR OTHER WRITTEN AUTHORIZATION HAS BEEN EXECUTED BY BOTH PARTIES IN ACCORDANCE WITH THIS AGREEMENT.

Passwords - In the event TMS AND ITS ASSOCIATES provides customer with passwords or login information, it is the responsibility of the customer to maintain confidentiality. Customer accepts responsibility for all activities performed under logins and passwords given. TMS AND ITS ASSOCIATES cannot be held liable for any damages resulting from unauthorized access to account(s). Customer agrees to notify TMS AND ITS ASSOCIATES immediately in the event of any unauthorized access.

Email and Webmail - Customer understands that the webmail service is not a back-up feature for email. Because of limitation on mailbox size, messages must be downloaded to your computer regularly. Emails received in large sizes, (over 10MB) are subject for deletion if they remain on the server for more than 30 days. All email messages that are 120 days or older are subject for deletion from email account mailboxes. It is not allowed to use the email service to store any digital media such as music, photos, videos, etc. Although TMS provides SPAM protection for your email account, it is impossible to eliminate 100% of Spam or any undesirable message(s) that may reach your inbox. TMS AND ITS ASSOCIATES may terminate any email account at any time for non-compliance of the terms of service agreement. TMS AND ITS ASSOCIATES may create an email account in your domain control panel for website SEO, marketing and/or monitoring purposes.

Project Execution - To begin any project, customer understands there is a non-refundable deposit fee of one-half of the total estimate price which equals to $_____________ and is due at the time of contract signing. Customer understands the estimate cost provided for project may change when the project has been completed. This is an estimated cost only. Final payment is due prior to publishing. Customer agrees that no content, created or used for the project, may be reproduced, sold or distributed without written permission from the designer. Customer understands the “Project Phases” shown below. Customer agrees to pay additional charges for requested work not included in the estimated cost. Customer must understand that once all the data has been submitted and the Production Phase begins, additional charges will incur for changes and submitting new material. Once the demo is posted for viewing, customer will submit the final request for minor changes at one single time before publishing. Minor changes include corrections for grammatical errors, misspellings, and content placed in error by designer. Once the project is published, customer obtains full responsibility for the completed project. Customer understands any changes made to the project(s) will be the responsibility of the customer for any changes and/or corrections needed. Customer accepts the project(s) as is and understands any additional work or modifications will be billed in 1 hour increments with a minimum of 1 hour labor, billed at the current labor rate. Customer certifies that all material submitted for the project(s) is owned by the customer or has obtained legal permission for use. No refunds are available for services.

Termination of Project - If customer wishes to terminate the project before it is completed, customer must provide, in writing, the request to terminate the agreement but TMS AND ITS ASSOCIATES will not be required to issue any refund for any amount previously paid. TMS AND ITS ASSOCIATES has the right to terminate the agreement in the event customer has not complied with the TMS Terms of Service.

Project Phases

Projects may include: Building, Updating or Changing a Website, Marketing Strategy, Creating any Publication
Concept Phase – the designer provides templates where the customer chooses a layout design to initiate the next phase. The customer will choose between flash, and non-flash content.
Structural Phase - the designer determines sections required for the project while consulting with the customer.
Data Collection Phase – the customer submits ALL data for the project, this includes all text, product and service information, logos, images, videos, and any other information to be used for the project. When submitting content, the customer must notify the designer where the content is to be used. Customer is required to provide all material to be used for the project within 15 calendar days of execution of agreement. The agreement will be terminated if customer fails to submit all material within the specified time period. Request for an extension must be submitted in writing. TMS AND ITS ASSOCIATES reserves the right to accept or deny extension request(s).
Production Phase – The designer builds the project to specifications from the Concept and Structural phases by using all the data submitted. Designer will place all content in areas requested by customer.
Testing Phase - The designer uploads the project to the test server for customer review.
Finalization Phase – The customer submits corrections, for example, correcting text spellings and grammar, and to verify text and photos were placed on pages as requested and then the designer makes final minor corrections to the project. The customer must provide corrections within 24 hours.
Note: Prior to final publishing, full payment is due of the remaining balance.
Publishing Phase – The designer publishes the project and ensures full operational capability.
Important: Once Production phase starts, any requests to incorporate new data will incur additional costs.
NOTE: When updating websites, there is no Concept or Structural Phase.

SEO services – Customer understands there is a non-refundable setup fee of $________________ and a monthly fee of $_______________.
All SEO services are required to be paid for in advance and due on the first day of the monthly billing cycle. The monthly billing cycle will begin on,
(DATE)_____________________________________________.While we aim to increase your website’s ranking, we cannot guarantee search engines will index and place your site higher in search results. Search engines may take on average 8 - 10 weeks to index your site. Our services focus on the most searched words and phrases in Google® and Yahoo® pertaining to your type of business. From this, we generate reports comparing your site to the first 5 search engine results shown Google® and Yahoo®. We manage website statistics, cost per clicks (if used) and sponsor ads (if used). Pricing does not include (CPC) cost per clicks, sponsor ads, or advertising charges incurred by search engines, directories and other websites offering advertising placements. Services can be canceled, but it will remain active until the last day of the billing cycle. Services can be restored without set up fees provided the request is within 3 months of termination date. After 3 months, setup fees will be required to reinstate your account. As a customer, you must certify that all material submitted and used is owned by you/your company or that legal permission has been obtained for its use. To complete SEO services, TMS AND ITS ASSOCIATES must obtain permissions to make changes and/or edit the website. This includes, but is not limited to, login and password information to access the website via ftp or the website’s hosting control panel. It is recommended that each customer write articles or blogs periodically that pertain to the website and update the website with new content regularly. No refunds are available for SEO services.
Termination of this agreement - Both parties have the right to terminate this agreement in accordance with the terms specified in this agreement verbally or by written notice.

The goods and services provided by TMS AND ITS ASSOCIATES are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: (1) MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY; (6) NON‑INFRINGEMENT; AND (7) TITLE. CUSTOMER AGREES THAT ANY EFFORTS BY TMS AND ITS ASSOCIATES TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY TMS AND ITS ASSOCIATES WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CUSTOMER FURTHER AGREES THAT TMS AND ITS ASSOCIATES SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF TMS AND ITS ASSOCIATES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CUSTOMER'S PROJECT BY CUSTOMER OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to customer. In such jurisdictions, TMS AND ITS ASSOCIATES's liability is limited to the greatest extent permitted by law. TMS AND ITS ASSOCIATES reserves the right to modify, without written notice, the terms of service. For an updated TOS, please visit www.tmstexas.com.

By signing below, customer agrees to the following and agrees to the TMS TOS (terms of service) stated above. I hereby release TMS AND ITS ASSOCIATES of liability in the event of any incident(s) resulting in loss of data, loss wages, and profit loss due to circumstances beyond their control.

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Authorized Representative Signature Date

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TMS Representative Date

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Comments

This agreement may be accompanied by estimate(s) to perform work.

TMS Notes: _________    Verified authorized rep by contacting owner/supervisor shown. ____________________________________________
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Google® is a registered trademark of Google, Inc. and Yahoo!® is registered trademark of Yahoo! Inc.
Form updated 07-29-2009

We reserve the right to change these terms and conditions without notice by posting the changes to our Web site. Please check back often. If you no longer agree to our Terms of Service, you may discontinue monthly prepaid services by submitting a request in writing.