General

Ownership

General

i. Show Time Media will utilise its best efforts to maintain acceptable performance of services contracted for, but Show Time Media makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Show Time Media cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted or received or stored on its system. Show Time Media shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from delays, non-deliveries, or service interruptions
whether or not caused by the fault or negligence of Show Time Media

ii. Show Time Media liability to Customer, and any end user of any package or other Show Time Media services is limited to the amount paid to and received by Show Time Media for services not accepted. In no event shall Show Time Media be liable to Customer, or any end user or any other
entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Show Time Media has been advised of the possibility of such damage

iii. Customer will take all necessary measures to preclude Show Time Media from being made a party to any lawsuit or claim regarding Show Time Media services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless Show Time Media from any and all claims of whatever nature brought by any of Customer's customers against Show Time Media in excess of the remedy set forth in the clause above.

iv. Show Time Media will acquire, on request, an Internet Domain Name on behalf of the Customer. In such case the Customer hereby must waive in writing prior to acquisition of said domain name, any and all claims which it may have against Show Time Media for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Show Time Media for any reason. Any costs of Show Time Media in obtaining or maintaining a domain name for Customer or its customers shall be immediately reimbursed to Show Time Media upon invoice from Show Time Media to Customer. Website Development

v. Site text and graphic content development will consist of only that which is described in the agreed development plan. Additional work required by Show Time Media will result in charges beyond the estimate in this Agreement.

vi. The typical process for the creation of visuals, such as graphics and page designs, consists of Show Time Media providing drafts and asking for feedback from the client. As a general standard, this estimate assumes that 2 rounds of this process for each design element will suffice. Any further changes will be charged additionally.

vii. Show Time Media reserves the right to profile the site as a case study within its own site, and publish a link to the site.

viii. Show Time Media shall be entitled to place an unobtrusive credit with a hypertext link ("Web Site Design by Show Time Media") in the footer on one page of the web site. In the event that the site is no longer maintained by Show Time Media, this credit may be removed.

ix. If the production process takes longer than 30 days, billing will switch to semi-monthly for actual hours worked, with invoices sent mid-month and at month's end.

x. Show Time Media will maintain the confidentiality of Client's source materials, technical and marketing plans and all other sensitive information.

xi. Show Time Media and Client agree that any dispute arising out of this Agreement shall first be resolved by mediation, if possible.

xii. Client is solely responsible for the editorial content of the material included on its website, including any copyright on images or photography used in the site design.

xiii. Web site design and files are the property of Show Time Media. Upon full payment, web site design and files become the property of the Client.

xiv. All time spent on project outside of the agreed project scope will be billed separately at the standard Show Time Media hourly rate unless otherwise agreed.

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