
This is an addendum to the Blue Fire Group Master Service Agreement.
As part of the Service, BFG will create a web site, including design, content and the integration of an IDX based property search application for consumers.
Your purchase of the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on any BFG web sites, as well as the specific agreement for the MY BUYING BUDDY® service which is provided separately.
The Services covered include:
- POWER web site
- PREMIUM (Custom) web site
1. Authorization
YOU, the above-named Client (hereinafter referred to as "Client")
are engaging Blue Fire Group (hereinafter referred to as "BFG"),
as an independent contractor for the specific purpose of providing marketing
services which include the design, building and publishing of a web site
(hereinafter referred to as "Web Site"), and/or associated
services (hereinafter referred to as “Additional Services”)
for the marketing and promotion of the Web Site, and/or on-going maintenance
and support. The Web Site is to be published to the Internet and hosted
using a BFG account.
2. Term and Termination
a. The terms of this Agreement will commence on the date of acceptance
by BFG and will continue for one (1) year following publication of the
Web Site or, where the Agreement does not include a Web Site project,
following the implementation of Additional Services.
b. The Agreement will be automatically renewed for successive terms of
one (1) year unless you give written notice not less than sixty
(60) days prior to the expiration of the current term.
c. This Agreement is not cancelable by you other than as in 2b
above.
d. In the event that BFG ceases its business or transfers its business
to a 3rd party and that 3rd party is unable or unwilling to fulfill the obligations
of this Agreement, you will be provided with the HTML page source code, associated images and graphic designs for the website, and the agreement is terminated. BFG will give not less
than sixty (60) days written notice of such an event.
3. Scope of Effort and Client Responsibilities
a. The Agreement covers the provision to you of a completed Web
Site and/or provision of those Additional Services identified as requested
by you in the order form and described in the Service Definition.
b. You accept that BFG's ability to complete the Web site is
wholly dependant on your provision to BFG of content for the web site.
c. You acknowledge that BFG's responsibility to create the maximum number of content pages agreed to, is limited to 4 months from the date of the agreement. After this period, BFG's commitment is limited to creating content pages to meet the minimum commitment anytime final content is supplied to Blue Fire Group within the following 4 month period.
d. You agree to assume responsibility for the nature and accuracy of content
included in the Web Site.
e. You acknowledge your responsibilities to provide BFG with content for your web site, which includes but
is not limited to: Clear directions on design requirements (for PREMIUM sites), provision of logos, and contact details
and other items as specified in the Service Definition.
f.
You acknowledge that BFG will charge hourly rates to fix problems caused by
code and content changes made by you. This specifically applies to changes
made by you using products
like Microsoft FRONTPAGE.
4. IDX / Property Search Application
a. You acknowledge that MY BUYING BUDDY® is to be integrated with your website design to provide consumer property-based search services.
b. You agree that BFG reserves the right to choose appropriate techniques and technologies to embed and integrate
MY BUYING BUDDY services and information in the Web Site.
c. Your purchase of the Service shall be deemed to be your agreement to abide by the Terms and Conditions of My Buying Buddy
5. Variation
a. BFG reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
b.
BFG reserves the right to use external subcontractors in the execution
of this Agreement.
c. BFG reserves the right to choose a hosting service for your
web site, and to change the hosting service at BFG’s discretion.
6. Web Site Copyright
a. BFG grants you unlimited use of the Web Site.
b. BFG retains exclusive rights to all page designs, programming, applications,
development and marketing effort performed by BFG.
c. You retain exclusive copyright to any and all pictures, graphics,
and text that you owns and contributes to the Web Site.
d. You obtain exclusive copyright to any custom graphics that
we create for you.
e. You declare and warrant that you are the owner of the
copyright, or have permission from the owner of the copyright, of all
artwork, pictures and text copy that you submit for publication
on the Internet, and have a legal authority to, and does hereby authorize
and grant a non-exclusive license to BFG, its agents and independently
contracted graphics artists and programmers who are producing the Web
Site, to reproduce and publish all artwork, pictures and text copy submitted
by you which will appear on the Web Site.