4Joys Tech LLC is acting as an independent contractor, and is not acting as an employee of you.
Customer is engaging 4Joys Tech LLC for the specific project of developing and/or improving an existing Web Site or application. The Customer will establish a separate contract with an ISP or Web Hosting provider, or 4Joys Tech LLC will establish one on behalf of the Customer. The Customer hereby authorizes 4Joys Tech LLC to access this account, and authorizes the Internet Service Provider to provide 4Joys Tech LLC with “write permission” for the Customer’s web page directory, cgi-bin directory, and any other directories or programs, which need to be accessed by 4Joys Tech LLC for this project.
2) Maintenance/SEO and Changes
4Joys Tech LLC will provide updates to the Web Site and/or SEO for the period paid. Maintenance and SEO changes shall not exceed the hours for the plan paid without prior authorization and compensation. No third parties shall have the right to change the Web Site during the maintenance period. If the customer or an agent other than 4Joys Tech LLC attempts updating the web pages, time to repair web pages will be assessed at the hourly rate, and it is not included as part of the updating time.
In the event Customer fails to make any of the payments, 4Joys Tech LLC has the right, but is not obligated, to pursue any or all of the following remedies:
4) 4Joys Tech LLC will NOT
5) Hours Carried Over for Mainentance Plans
Up to 1 month of unused hours from the previous month may carry over into the next month. If these hours are not used in the next month they will be voided. No hours are carried over for yearly plans.
6) SEO Plans
Customer Acknowledgements that 4Joys Tech has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer's web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. 4Joys Tech will resubmit those pages that have been dropped from the index.
4JOYS TECH DOES NOT WARRANT THAT THE SEO SERVICES WILL MEET THE CUSTOMER'S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, 4JOYS TECH PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY'S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.