|
|
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:
-
To create web page/s of subscribers following the standards of the website;
-
To maintain and update the web page/s as needed;
-
To be the link to the subscriber's website
; and
-
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:
-
DEFINITIONS AND INTERPRETATION.
For purposes of this
Agreement, the terms listed below shall have the following meanings:
-
“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;
-
“Agreement”
shall refer to this Agreement as may be amended, modified or
supplemented from time to time;
-
"Confidential Information" shall have the meaning set forth in
Section 5 hereof;
-
“Disclosing
Party” shall have the meaning set forth in Section 5 hereof;
-
“Dispute”
shall have the meaning set forth in Section 10 hereof;
-
“Non-Offending
Party” shall have the meaning set forth in Section 15 hereof;
-
“Offending
Party” shall have the meaning set forth in Section 15 hereof;
-
“Receiving
Party” shall have the meaning set forth in Section 5 hereof;
-
“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;
-
In
construing this Agreement:
-
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.
-
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.
-
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".
-
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.
-
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
-
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:
Next------->
[1] [2]
[3]
[4]
|
|
|