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AGREEMENT


 

This AGREEMENT is made by and between the subscriber (hereinafter the “Subscriber”) and SIAZAM, INC. (hereinafter the “Service Provider”). The Subscriber and the Service Provider shall hereinafter be jointly referred to as the “Parties”, who

 

Witnesseth That: -

 

WHEREAS, the Service Provider is the owner of a website with uniform resource locator address at www.magkano.com (the “Website”), which provides the delivery and performance of the following services:

  1. To create web page/s of subscribers following the standards of the website;

  2. To maintain and update the web page/s as needed;

  3. To be the link to the subscriber's website ; and

  4. To provide businesses with advertising spots

The foregoing services shall hereinafter be collectively referred to as the “Services”.

 

WHEREAS, the Subscriber desires to obtain, and the Service Provider agrees to provide its Services to the subscriber subject to the terms and conditions hereinafter set forth;

 

NOW THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, the Parties hereto hereby agree as follows:

 

  1. DEFINITIONS AND INTERPRETATION.

For purposes of this Agreement, the terms listed below shall have the following meanings:

    1. Affiliate” shall mean any person or entity that directly or indirectly owns or controls the Service Provider, or that is directly or indirectly owned or controlled by the Service Provider. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;

    1. Agreement” shall refer to this Agreement as may be amended, modified or supplemented from time to time;

    1. "Confidential Information" shall have the meaning set forth in Section 5 hereof;

    1. Disclosing Party” shall have the meaning set forth in Section 5 hereof;

    1. Dispute” shall have the meaning set forth in Section 10 hereof;

    1. Non-Offending Party” shall have the meaning set forth in Section 15 hereof;

    1. Offending Party” shall have the meaning set forth in Section 15 hereof;

    1. Receiving Party” shall have the meaning set forth in Section 5 hereof;

    1. Subscription” shall mean the act of providing the Service Provider, for a fee, with ones products and the corresponding price list(s) to be published in a pre-set design page in the Website;

    1. In construing this Agreement:

  

      1. References to Sections and Schedules are, unless otherwise stated, referred to Sections and Schedules in or to this Agreement. The words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The Schedules attached to this Agreement are hereby incorporated herein by reference and shall be deemed to form a part of this Agreement.

      1. References to statutory provisions shall be construed as references to those provisions as respectively amended or re-enacted from time to time and references to any document or agreement shall be deemed to include references to such document or agreement as amended, modified or supplemented from time to time.

      1. The singular shall include the plural and vice versa. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation".

      1. The headings used are inserted for convenience of reference only and shall not affect the interpretation of the respective sections and paragraphs of this Agreement.

  1. SERVICES

             The Service Provider shall provide webpage/s to Subscriber wherein the latter's products, services, menus, rates, pricelists and/or promos will be posted, making them accessible to the world wide web. The Service Provider shall also allot advertising spots on its front page, as well as those of its major categories and sub pages, for its principal sponsors. Included in the service is the maintenance and timely update of the the web pages.
             


 

 

    3. SERVICE FEES, COSTS AND EXPENSES


 

    1. In consideration of the Services rendered to it by the Service Provider, the subscriber shall pay the Service Provider the following fees and charges, in the performance of its Services:

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