Clear Imaging, Web Design, Online Marketing

E-COMMERCE STARTER PLAN

SET-UP Fee: $1,495.00 and $199.00/month

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Service Terms

Clear Imaging Service Terms
e-Commerce Website Starter Plan

Welcome to the ClearImaging.com website (the "Site"). By accessing this website and/or engaging with Clear Imaging, Inc., for services rendered, you agree to be bound by the Service Terms and Conditions listed below (the "Service Terms"). If you do not agree to all of the Service Terms, please do not use this website or do not engage Clear Imaging, Inc., to provide you with any services or products. 

Below is a list of our Service Terms and Conditions that you agree to be bound by. By checking the box "I Agree to Service Terms and Conditions" and clicking the "Continue" button on this page below to submit your order, constitutes your full agreement to these Service Terms and Conditions.

1. Service Promotion
You hereby acknowledge and understand that you are engaging into this Service Terms and Conditions agreement for the designing, building, hosting and ongoing maintenance of your website, which has been promoted to you via this ClearImaging.com website, or by an authorized representative of Clear Imaging. Clear Imaging will be the primary developer of your website, and will be responsible for the initiation, fulfillment, maintenance and billing charges pertaining to your website.

2. Website Services
You hereby acknowledge and understand that Clear Imaging will design and deploy your website along with basic search engine optimization that is included as part of your ongoing monthly fee, which includes, but not limited to; website hosting, e-mail hosting, server storage and bandwidth. Major website updates, such as a complete website re-design, major navigational changes, database driven applications or e-commerce integration, among others, will require additional charges based on the complexity and time needed to accomplish them, which will be determined by Clear Imaging via a quote, upon request. 

You also hereby agree to submit all your website updates via our Clear Imaging Ticket System as opposed to submitting website updates via email, so that we can each keep a running record of all website updates for future. You also acknowledge and understand that your Custom Starter Website Plan comes with 8 Hours of free website updates, each calendar month. Clear Imaging reserves the right to charge an extra fee for any website updates that exceed the 8 Hours of free website updates for each given calendar month. Should you consistently exceed the allowed 8 Hours of free website updates, each calendar month, Clear Imaging reserves the right to upgrade your Custom Starter Website Plan to a higher plan at its discretion and without any notice.

3. Billing Terms
You hereby acknowledge and understand that your recurring monthly website payments will be automatically charged by Clear Imaging via Credit Card or Electronic Check, depending on your preferred method of payment. You authorize Clear Imaging, Inc., to charge your credit card or debit card based on your Website Plan, upon the commencement of your website development. Generally, this first charge occurs on the current month if the sign up date is between the 1st to the 25th day of the current month. If you sign up after the 25th day of the month, your first and last month's payment will roll over to the next month on the 15th day. Customers who pay via check will be invoiced either on a monthly or annual basis. Failure to make a payment may result in the deactivation of your website, email and support services. All charges are non refundable unless expressly authorized by Clear Imaging. In the event of a billing dispute, whereby Clear Imaging does not agree to, or authorize a refund, you agree not to run a chargeback via your bank or credit card provider under any circumstances. If Clear Imaging does find a legitimate reason for a refund, we will process it via our electronic merchant processor, usually within 5 business days. 

4. Website Leads
You hereby acknowledge and understand that all website leads that are submitted by visitors from your website forms will be automatically emailed to your email address that we have on file. We can also send these leads to multiple email addresses, if required. However, due to varying degrees of spam filters and security software used by various third party email providers such as Google, Yahoo, MSN, AOL, etc., we cannot guarantee the delivery of website leads to your email inbox. We will run an initial test of your website forms to ensure that email delivery is successful to your email address but will not be held liable in the event that such website leads are not successfully delivered to your email address. Therefore, we encourage you to test your website lead forms periodically to ensure delivery to your preferred email address.

5. Website Email Accounts
You hereby acknowledge and understand that any email accounts created and hosted by Clear Imaging for your website domain name will be automatically downloaded to your choice of email program. We will issue you a secure password for each email address. Due to varying degrees of spam filters and security software used by various email programs such as Outlook, Gmail, MAC Mail, etc., we cannot guarantee the delivery of emails to your email program and will not be held liable in the event that such emails are not successfully delivered to your email program. Therefore, we encourage you to test your email addresses periodically. While we take great measures to prevent spam and viruses on all our servers, we will not be held liable in the event that your email addresses receive spam or viruses that adversely affect your computer, mobile devices, or your personal privacy, in any way. We do not provide back ups of your email accounts or email messages data, which is your own responsibility to do so on your local PC or mobile devices.

You hereby acknowledge and understand that you are not permitted to utilize any of your website email addresses that are hosted by Clear Imaging to send spam emails or broadcast large volumes of emails to lists of your recipients, which will result in blacklisting of your email accounts and our server. Rather, you must sign up for an email broadcasting service. You many not send more than 100 emails within an hour, otherwise your email account(s) will be suspended. Clear Imaging monitors and enforces these strict policies as a means to ensure consistent, safe delivery and receiving of your emails, hence failure to abide by any of these policies may lead to immediate termination of all your email accounts and possibly your entire website service.

6. Website and Email Bandwidth & Storage
You hereby acknowledge and understand that Clear Imaging reserves the right to place and enforce strict limitations on website server storage, website bandwidth and email accounts storage, all of which are listed in the preceding Website Plans page comparison chart. In the event that you exceed any of the listed website server storage, website bandwidth and email accounts storage limitations, you hereby acknowledge and understand that Clear Imaging will notify you via email of such overages and will ask you to lower your bandwidth or storage before charging an extra monthly fee after 30 days of non compliance. These extra monthly charges will be based on how much extra bandwidth or storage is being exceeded at our discretion. 

7. Ownership Terms
You hereby acknowledge and understand that our Website Plans are based on ongoing monthly payments over a 36 month period (as listed in the preceding Website Plans page comparison chart), at which point you will then own the website outright, including all copyrighted materials and contents. You will have the option to discontinue services at the end of this 36 month period, or choose to continue our services on a month-to-month basis at a reduced monthly rate (to be determined by Clear Imaging at our discretion). However, if we provide you with a new website redesign and rebuild at no extra cost, at any stage within this initial 36 month period or thereafter, the service terms will restart for an additional 36 month period under the same service terms, as stated herein. 

Clear Imaging will charge an initial "Set Up" cost for your E-Commerce web site, based on your website plan, upon the commencement of your website development. Clear Imaging will then  charge an ongoing monthly fee to pay for your website over a 36 month period), which includes website design, website programming and technical support based on your specific website plan. Should you choose to pay for your website 36 month term up front to receive a discount, you will own the website outright, upon its completion and full payment.

You hereby acknowledge and understand that in the event that you sell your company to a new owner, the same website service terms may be transferred to the new owner, should they decide to take over the website.

8. Minimum Commitment
Since Clear Imaging is essentially funding the design and programming of your website, you hereby acknowledge and understand that you agree to fulfill a 24 month minimum commitment, and you will not be able to cancel your website and payment schedule within the first 24 months of your initial website "Billing Date". Otherwise you will be liable to pay the balance of the remaining months payment schedule in full. You also agree that you will not request any refunds or engage in electronic charge-backs after you have been charged, regardless of any reason, whatsoever.

9. Intellectual Property Terms
You hereby acknowledge and understand that if you do cancel your website and payment within 36 months from the first payment date, you will not be able to take ownership of the website design, programming or any of it's copyrighted contents or intellectual property. The only option would be for you to pay the remaining balance of the 36 month service term, before we would release the copyrighted materials and complete website contents to you in full. Any photos, videos or text that you provide to us initially in the development phase of your website will remain in your ownership and is transferable.

10. Website Access
You hereby acknowledge and understand that due to strict security measures and copyright protection, we will not provide you with FTP or database access to your website, or any third party, until the end of your 36 month service term unless written authorization of such has been granted by Clear Imaging. If however, FTP and database access has been granted, you agree and accept that the copyrighted website content in it's entirety may not be copied and/or moved to another web host or third party provider within the 36 month service term. Violators will be held liable for compensation of the entire amount of the remaining balance of the 36 month service term, which you hereby acknowledge and understand that you will be charged for without any refunds or recourse.

11. Third Party Providers
You hereby acknowledge and understand that Clear Imaging, Inc., works with various Third Party providers in the development and integration of your E-Commerce website such as Shopping Cart providers, Merchant Bank providers and Payment Processing providers, among others. You also agree that Clear Imaging, Inc., cannot be held liable for any faults, errors, loss of income or service interruptions that were willfully or accidentally incurred by any Third Party providers.

12. Domain Name Ownership
You hereby acknowledge and understand that if you do cancel your website and payment within 36 months of your first payment date, you will not be able to take ownership of the website domain name if it was initially registered by Clear Imaging, unless you registered it yourself via a third party registrar. If Clear Imaging did register your domain name on your behalf, you would have to pay a $150 domain name transfer fee before we release the domain name to you. 

13. Service Termination
You hereby acknowledge and understand that Clear Imaging retains the right to terminate any and all of our services, including your website or email services at any time, if it so deems necessary under any circumstances, without explanation, with a 14 day written notice in the form of an email. You also retain the right to terminate the relationship and your website, under any circumstances via 30 days written notice and within the confines stated of the "Ownership Terms", "Minimum Commitment" and "Intellectual Property Terms", mentioned above. You also agree that any website cancellation notice must be submitted online via Clear Imaging�s website service cancellation page form in order to officially cancel. Any cancellation notices by phone or email will not be accepted as an official cancellation notice.

14. Service Terms Changes
Clear Imaging, Inc., may from time to time modify or revise these Service Terms by updating this web page. Your use of our site following any such changes constitutes your agreement to follow and be bound by the Service Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of this site, your website service, or any other product or service being provided to you by Clear Imaging, Inc.

Disclaimer
This site, its contents, and all information, products, and services contained in or offered through this site are provided on an "as is" and "as available" basis without representations or warranties of any kind. Clear Imaging, Inc., expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. Clear Imaging, Inc., does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components. All information is subject to change without notice.

Indemnification
You agree to defend, indemnify, and hold Clear Imaging, Inc., harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

Limitation of Liability
In no event shall Clear Imaging, Inc., be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this site, whether in an action under contract, negligence, or any other theory, even if Clear Imaging, Inc., has been advised of the possibility of such damages. Clear Imaging, Inc., total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US $100).

Miscellaneous
These Terms are governed by and shall be construed in accordance with the laws of the State of Nevada, County of Carson City, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Service Terms and shall not affect the validity and enforceability of any remaining provisions. These Service Terms are effective unless and until terminated by Clear Imaging, Inc.

We highly recommend you print a copy of these existing Service Terms and Conditions by clicking the link, provided to the right side of this box. 

Clear Imaging, Inc. 
711 S. Carson St., Suite 4 
Carson City NV 89701 
Phone: 1-800-380-6942
Web: www.clearimaging.com
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