Terms and Conditions

Terms and Conditions

Please make sure that you read the terms and conditions set out below before proceeding. You will be asked to accept these conditions and that you have read and understood them before you can proceed with your web plan.

AGA Strategy, LLC., herein and after known as AGA Strategy is engaged in providing Web Development and Design Services, Social Media Management, Web Technical Support to Business owners and is willing to contract for the provision of said services, and Business identified on the previous page, wishes to obtain the services provided by AGA Strategy, as owner or manager the Business acknowledges that AGA Strategy has no legal obligation to provide other services except as provided by this Agreement. NOW, THEREFORE, AGA Strategy and Business agree as follows:

1.- Acceptance. This document is a contract by the Business, which will become in effect when accepted in writing by an authorized person of AGA Strategy. It is agreed that sales are made only on the terms and conditions herein. AGA Strategy shall not be bound by terms and conditions in Business's purchase orders or elsewhere unless expressly agreed to in writing. In the absence of a written acceptance of these terms, acceptance of services hereunder shall constitute an acceptance of these terms and conditions by the Business.

2.- Services. Business agrees to pay for the services provided, including the optional features at the rates indicated on the previous page hereof. Billing will be processed on the first day of each month in advance and will include any prorated charges for the partial calendar month after service has begun. AGA Strategy reserves the right to make limited number of changes and establishes limitations based on the Rational Use of Services Addendum and appropriate charges for changes or additional services in excess of those limits. Service charges for the previous month will be included in the monthly billing.

3.- Revision of Fees. AGA Strategy guarantees the pricing set forth on the previous page hereof for the initial one-year period of service. At the end of the initial one-year period of service, and during any subsequent renewal terms, AGA Strategy may at any time, revise the monthly service fees by giving the Business written notice of the amount of increase at least thirty (30) days in advance of the date on which the increased fees are to become effective. Upon receipt of any such notice, Business may terminate this Agreement upon written notice within the thirty (30) day period; otherwise the new fees shall become effective on the date specified in any such notice. In the event of termination as herein provided, all accrued charges shall be due and payable forthwith.

4.- Term and Termination. This Agreement will remain in full force and effect for a period of one (1) year from the date it is accepted by AGA Strategy and shall automatically renew for successive one-year renewal terms, unless either party gives written notice to the other party at least thirty (30) days prior to the end of the initial or any subsequent renewal term, sent by certified mail to AGA Strategy corporate address. Business agrees that the fee for termination of this Agreement prior to the end of the initial one-year service term shall be equal to the remaining value of the contract through the end of the initial one-year period. If AGA Strategy terminates this Agreement and the Business is in default at the time of termination, AGA Strategy will have the right and remedies as set forth in Section 5.

5.- Default and Remedies. If Business fails to make any payment of any sum due or fails to perform as required by any other provision hereunder, and continues in such failure for ten (10) days after written notice has been sent by AGA Strategy to Business, the Business shall be deemed in default under this Agreement. In the event of default, AGA Strategy has the right to immediately terminate this Agreement, retain all payments made hereunder, deny Business any service provided and impose a separate charge for Cancellation. If Cancellation takes place, Business may be subjected to additional costs for collection charges. Each and all of the rights and remedies of AGA Strategy hereunder are cumulative to, and not in lieu of, each and every right and remedy offered by law and equity. In the event that AGA Strategy shall find necessary to retain an attorney/or a collection agency to pursue the recovery of monies due, AGA Strategy shall be entitled to reasonable attorney's fees or reasonable costs of collection, whether by arbitration of settlement, and the costs of suit.

6.- Warranty Limitation. EXCEPT AS SPECIFIED HEREIN, AGA Strategy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.- Limitation of Liability- Indemnification. AGA Strategy’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT AND BUSINESS’S SOLE REMEDY REGARDLESS OF THE FORM OF THE ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE PAYMENT BY AGA Strategy OF ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL AMOUNT PAID BY BUSINESS TO AGA Strategy FOR THE AFFECTED SERVICE. IN NO EVENT SHALL AGA Strategy BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. ANY ACTION AGAINST AGA Strategy MUST BE BROUGHT WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION OCCURS.

8.- Notices. Any notice or demand required or permitted to be given or made hereunder shall be given or made by certified or registered mail or any reliable overnight courier to the addresses given on the previous page. AGA Strategy or Business may from time to time designate any other address for this purpose by written notice to the other party.

9.- Waiver. Failure or delay on the part of AGA Strategy or Business to exercise any right, remedy, power or privilege hereunder; shall not operate as a waiver thereof. A waiver, to be effective, must be in writing and signed by the party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type default on a future occasion.

11.- Digital Media Consent. The Business authorizes AGA Strategy the use of their logo and digital branding in addition of any required media to develop the products and services offered in this agreement, in the event that the Business decides to terminate this agreement, the Business cannot pursue damages for the use of digital media and agrees that all digital media can be use in the future as digital library of AGA Strategy and their partners. The Business declines the right to claim ownership of the products offered by AGA Strategy if this agreement is terminated before the initial 12-month period.

12.- Release. AGA Strategy agrees to release the Business website content, domain and hosting services by request of the Business within at least thirty (30) days prior to the end of the initial 12 month term or any subsequent renewal term, a one-time administration fee of $300 plus applicable taxes from the initial payment and release fees is required to process the required backup of the Business data and hosting release. Once completed the release request, AGA Strategy will no longer be held liable for the website management, hosting, domain and other digital services rendered previously to the Business.

13.- General. No revision of this Agreement shall be valid unless made in writing and signed by an officer of AGA Strategy and an authorized agent of Business. This Agreement constitutes the entire agreement of the parties and shall supersede all prior offers, negotiations and agreements. If any provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. This agreement shall be construed in accordance with and governed by the laws of the State of Texas.