1.        Contact Person – The domain owner will appoint one contact person to request any and all additions, modifications, and updates to the site.  NetVision will not expedite any request made by any other person for any reason.  If a contact person changes, the domain owner must submit those changes in writing.

3.        Project Scope & Outline – NetVision will meet with the Contact Person to draw a project scope and outline.  This document will be used as the core guideline for developing your site.  During the course of development, situations may arise that changes to this document are necessary.  It is understood that both parties must agree to these changes, and that a price adjustment may occur if the changes are deemed “out of scope” of the original proposal and price estimate.   

3.        Updates, Changes, Modifications – Upon completion of each step of development, NetVision will submit a request to review and approve the completed step.  Once approved, NetVision will assume that the domain owner is satisfied with that particular step.  Any requests for changes after approval will be subject to additional charges billed at $90.00 per hour in 1 hour increments.  In addition, all requests must be submitted in electronic format to webmaster@nvt.net in a manner usable by NetVision Webmasters.  If the request is deemed unusable, the Webmaster will notify the client and ask await their response.  The domain owner may choose to have NetVision provide data entry services (for an additional fee) to make hard copies into electronic format.   NetVision will attempt to expedite requests within a reasonable period of time.

4.        Debugging Process – NetVision will make every attempt to debug any and all scripts before making them available to the public.  However, there may be cases where errors may occur when using the website.  NetVision strongly suggests that the domain owner “beta test” new modules with a select group of customers.  This beta testing period will help in the debugging process.   In order to repair errors, NetVision must have the following information in order to promptly debug these scripts:  Date, time, page, entire error message, action that was taking place at the time of the error.   NetVision will act within a reasonable period of time to respond to site errors.  There is no charge to debug scripts developed by NetVision if the error is found within 30 days of the launch date.  Additionally, errors resulting from mistakes made by a user are not included in the 30 day debugging period and are billed appropriately.

5.        Downtime & Uptime – NetVision proudly boasts a 99.98% uptime, which amounts to approximately 1 day per year of downtime.  If for some reason NetVision experiences downtime for an extended period of time, you will be notified of the situation and status if you request for such information.   Please see Limit of Liability (item 14) for more information.

6.        Public Access – Upon launch, your site will be available to all persons having Internet access.   From time to time, your customers may not have access to your site for various reasons that are beyond NetVision’s control.  Such reason include:  DNS errors from other Internet providers, slow web access from other Internet providers, downtime from other Internet providers, personal computer problems, and mistyped URL’s.  If the previous cases do not match the problem your customer is experiencing, please contact NetVision for technical support. 

7.        Source Code – NetVision retains all rights to your website source code, and is protected by Federal Copyright Laws.  It is unlawful to  copy, distribute or resell source code to any third party without written permission from NetVision Technologies, Inc., its co-developers, and/or other partners associated with the production of your website.

8.        Reuse of Applications – NetVision reserves the right to reuse any and all applications developed for your site for any reason.  The domain owner does not have the right to resell, copy, or modify applications developed by NetVision Technologies, Inc.  All applications developed by NetVision Technologies and its partners are copyrighted material and are subject to Federal Copyright Laws.

9.        Secure Certificates – NetVision requires all E-Commerce websites to have a Secure Certificate.  This certificate verifies proof to your customers that financial and personal information submitted via the web is encrypted.  This is usually an annual non-refundable fee and will be included on your statement.  NetVision will automatically renew this certificate for you each year.  You may request at any time to remove this certificate if you no longer accept web orders or sensitive data.

10.      Backups – NetVision will frequently back-up your website data.  These back-ups are used in cases of server failure.  They are for NetVision use only, and will not be provided to the domain owner.  NetVision will not be held liable for data removed, damaged, or deleted by the domain owner.

11.      Completion Dates – NetVision will make every attempt to follow the completion dates guideline in this proposal/agreement.  Circumstances may arise that may prevent meeting the completion date.  Such circumstances include but are not limited to:  lack of information/content from domain owner, information/content presented in non-electronic format, late or non-payments, act of God, act of war, cease of operations, death or illness in family.

12.      Budget – If the domain owner has allotted a budget amount for NetVision to develop their website, NetVision will notify the domain owner if the project is in danger of going over-budget.  The domain owner will be responsible for determining whether or not to proceed with the project if the project is expected to go over the original budget.  NetVision will not refund any money received for services rendered if the domain owner decides to cease production on the site. 

13.      Billing & Payments – The setup fee of your project is due within 30 days of the billing date.  If no payment has been received within the 30 day period, NetVision will cease production on the project.  The project will resume once payment has been received.  NetVision will not refund any money received for services rendered if the domain owner decides to cease production on the site.

14.      Termination of Services – All GoControl applications and services running on your site will cease upon termination of services.   NetVision may provide the domain owner with a static copy of their site content and images on CD-ROM for $35.00.     NetVision shall retain ownership of GoControl services and applications; therefore they will not be distributed with the CD-ROM.  Open-source licenses for GoControl services and applications are available for a fee for those that wish to continue using GoControl off-site.  Either party may terminate this agreement at any time for any reason without notice.  Any payments made for services rendered will not be refunded.

15.      Limit of Liability – IN NO EVENT SHALL NetVision Technologies, Inc.  BE LIABLE FOR INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, DATA OR USE OF INFORMATION, EVEN IF NETVISION TECHNOLOGIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Revised:  September 2005