• Marchese Computer Products, Inc WEB SERVICES AGREEMENT

    This Agreement is made by and between Marchese Computer Products, Inc. (herein after referred to as "MCP") with principal offices at 220 Ellicott Street, Batavia New York 14020 and Roush CPA PC, (herein after referred to as "Company"). This Agreement is effective as of October 30, 2019.

    MCP is a Web Hosting Service Provider and is willing to provide the services to the Company as outlined in this Agreement.

    Therefore, the parties to this Agreement agree as follows:

    DESCRIPTION OF SERVICES: MCP will provide the following services, (collectively the "Services"): Mail and/or Web Hosting for Roush CPA PC, up to 10 e-mail accounts and 50GB of storage for a total of $240/year. Mail services also include POP 3, SMTP, IMAP, Web access, spam and virus filtering.

    1. PAYMENT: Company will pay $240 per year for hosting plus $20.00 per year for domain name registration and maintenance (including yearly name fee, name record maintenance as needed, and DNS services on our name servers in Batavia) to MCP for these services. This fee is due at time of signing this Agreement. Company agrees that MCP may place a AHosted/Designed by Marchese Computer@ link at the bottom of site pages. There is a one year minimum commitment for providing the above defined web Services. Upon termination of this Agreement MCP shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which MCP has not yet been paid.

    2. TERM/TERMINATION: This Agreement shall be for a period of twelve (12) months and shall automatically renew for successive 12 Month terms, unless either party provides 30 days written notice to the other prior to the termination of the applicable initial or renewal term.

    3. RELATIONSHIP OF PARTIES: It is understood and expressly agreed by the parties that MCP is an independent contractor with respect to Company.

    MCP shall not be liable for any incidental, consequential, special, or punitive damages or loss arising out of this agreement or any services provided.

    Such addresses may be changed from time to time by either party by providing written notice to the other in the manner set forth above.

    4. ENTIRE AGREEMENT: This Agreement along with attached Exhibits contains the entire agreement of the parties and there are no other promises or conditions, either oral or written, implied. This Agreement supersedes any prior written or oral agreements between the parties hereto.

    5. AMENDMENTS: This Agreement may be amended or modified only if the amendment or modification is made in writing and is signed by both parties acknowledging acceptance thereof.

    6. SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

    7. WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

    8. APPLICABLE LAW: This Agreement shall be governed by the laws of the State of New York.

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