TERMS AND CONDITIONS
M.O.X Advisors & RAX Professional Web Services Agreement
THIS PROFESSIONAL WEB SERVICES AGREEMENT is made and entered into by and between M.O.X Advisors (“M.O.X ”), and you (“Customer”), who wish to use the below-described services of M.O.X (“Services”) in accordance with this Agreement, to include M.O.X 's application/order/proposal form(s) for Web Design Services (“Order Form”), and M.O.X 's various policies, which are located online at .com and its various subdirectories (“Site”). Customer and M.O.X are herein referred to in this Agreement singularly as “party” or collectively as “parties.”
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual covenants and promises hereinafter set forth in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
The term “Agreement” does not and will not refer to any statement, supposition, and/or understanding not recorded in writing in the above-listed documents. This Agreement is made effective as of the date of Order Form acceptance by M.O.X , as of which time, Customer’s physical and/or electronic signature and/or initials signify that Customer has read, understands, and agrees to be bound by this Agreement.
Customer also acknowledges that M.O.X, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and that such changes or modifications shall be effective immediately upon posting online on M.O.X ’s Site or any of its various subdirectories. Customer's continued use of M.O.X 's Site and Services after such changes or modifications constitutes Customer's acceptance of this Agreement as last revised. If Customer does not agree to be bound to the Agreement as last revised, Customer shall discontinue use of M.O.X 's Site and Services.
PROFESSIONAL SERVICE DELIVERABLES
For Website Page Concept Design, M.O.X will provide:
1 hour Initial Consultation, and for One-Stop Web Design Services, M.O.X will provide: Please Choose Package:
Includes Maximum Online Visibility: Get Listed Everywhere -Leverage your listing across top-tiered websites
Get on the Map-Show your address, hours and phone number in places like Google Maps, Bing Maps, Yelp, FourSquare and more!
Mobile apps-M.O.X shows your business in top mobile apps like WhatsApp, Pinterest, Vine and many more
Your Branding-Look professional with your branded logos and customized images
Better listings-Our listing experts optimize your listing for best results and make sure your business ranks higher in all the top-tier search sites
Listing Tracker- We monitor your status on listings, so you don't have to. We inform you of site status changes immediately and help you resolve any issue
Keywords-Search engines will find your website with the keywords that matter to have the right visitors find you
Monthly Fees, Add-On Fees (if applicable), and any other charges or fees for Services ordered by Customer are defined, collectively, as “Fees.” Customer is responsible for paying such Fees in accordance with M.O.X ’s BP. Monthly Fees and recurring monthly Add-On Fees shall be due and payable in advance of each calendar month following the Agreement date. If Customer elects to prepay Monthly Fees and recurring Ad-On Fees, such prepaid Fees are due and payable upon signing of the Agreement. Any fees not paid within 15 days of the due date may be subject to a $25 Late Fee and bear a monthly finance charge equal to the lesser of 1.5% of the outstanding balance or the maximum amount allowed by law. Customer may be liable for fees incurred by M.O.X due to payment processing fees resulting from bounced checks, insufficient funds, bank overdraft fees, and/or charge backs.
M.O.X shall begin working on deliverables as set forth in the Agreement upon receipt of the Fees.
The parties both agree to work together to complete the Website within a timely manner. M.O.X will use reasonable diligence in the development of the Website and endeavor to deliver the Website. Customer acknowledges, however, that any dates set forth in the Agreement are estimates and are not required and/or mandatory delivery dates. For all of M.O.X 's Services under and pursuant to this Agreement, Customer shall monetarily compensate M.O.X pursuant to the terms of Agreement and in accordance with M.O.X 's BP.
Customer agrees to provide complete texts and graphics and all other necessary materials (“Necessary Materials”) for all web pages to M.O.X in a timely manner and agrees that failure to submit such Necessary Materials within such a period will result in forfeiture of any and all prepayment and/or Deposit and that the Agreement will be considered completed, with the entire remaining balance owing immediately due and payable.
Customer additionally agrees to timely respond to M.O.X ’s questions and/or requests. Any delays in Customer response and/or delivery of Necessary Materials may adversely affect the timing of delivery. Any materials presented to Customer by M.O.X for review shall be deemed accepted by Customer unless M.O.X receives Customer comments (if any) within three (3) business days. In the event Customer repeatedly fails to respond to M.O.X during the Web Services process, M.O.X has the right to terminate the Agreement with no further obligation to Customer, and Customer has NO right or claim for refund of Fees.
REVISIONS AND CONTINUING MAINTENANCE
Each Professional Services Deliverable includes a set number of revisions as outlined in Section 2 prior to Website Launch. Any revision request outside of such will be outlined in writing, duly executed by both parties, and billed at M.O.X ’s prevailing hourly rate, which as of date is $70/hour.
After the Website Launch, Customer is entitled to ongoing maintenance and revision services (“Maintenance Service”) as outlined in Section 2. Maintenance Service includes time spent consulting with M.O.X as well as time spent on such tasks. Maintenance Service is limited to basic services which can either be performed by Customer’s project manager or is otherwise a basic modification to the Website and specifically excludes creation of additional pages, copy or content creation, or photo/image editing. Maintenance Service time does not rollover or accumulate. Any maintenance or revision request outside of such will be outlined in writing, duly executed by both parties, and billed at M.O.X ’s prevailing hourly rate, which as of date is $70/hour.
OWNERSHIP RIGHTS/CHANGE of OWNERSHIP
Vesting of Rights – Except as provided for in Agreement and excluding any Deliverables or information and materials Customer places in Web Site, Developer retains all rights to Web Site design, look and feel, all database design and content, all computer code, and any other materials associated with delivery of Web Site.
All data, text and images uploaded by the Customer onto the customized website template shall remain the property of the Customer.
Customer shall not do anything that may infringe upon or in any way undermine M.O.X 's right, title, and interest in the Website.
Customer has no right to assign, sell, modify or otherwise alter the Website, except upon the express written advance approval of M.O.X, and M.O.X 's consent regarding this provision can be withheld for any reason or no reason.
If a business is sold, the new owners may apply to take over the contract of the website. The account for the current Account Holder will be closed and a new account, with a new contract, will be created for the new Account Holder.
M.O.X Advisors Inc. requires, with 30 days notice, written authorization on company letterhead by the current Account Holder that confirms the business sale, the date of the business sale, and the authorization to move the account for website contract into the name of the new owners. Additionally, M.O.X Advisors Inc. requires, with 30 days notice, written acceptance by the new owners, on company letterhead, of the fees, charges, payment details, and terms and conditions of M.O.X Advisors Inc.. The ownership of the website contract may only be updated after all outstanding invoices have been paid in full and the first-month payment has been made by the new Account Holders under the new contract.
M.O.X reserves the right to assign subcontractors to perform Services.
The parties acknowledge and agree that the Agreement and all other documents and information related to the design and development of the website (the “Confidential Information”) will constitute valuable trade secrets of M.O.X . Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without M.O.X 's prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public on the website when each page of the website is first accessed.
LIMITATION OF LIABILITY
Your liability to Us is only for the costs payable under this Agreement term. You will not be liable to Us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages. FOR THE SAKE OF CLARITY, M.O.X MAKES NO GUARANTEE OF ANY PERFORMANCE OF THE WEBSITE INCLUDING WITHOUT LIMITATION SEO, KEYWORD RANKING, SEARCH ENGINE PLACEMENT, OR SALES.
DISPUTE RESOLUTION & TERMS
Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the State of New York regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon State.
Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
Independent Contractor-M.O.X is acting solely as an independent contractor for Customer and is not an agent, partner, joint venture, or employee of Client.
Waiver- The waiver by either party of any breach and/or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
No Assignment-Customer may not assign this Agreement without M.O.X ’s written consent.
Right to Remove Website- In the event Customer fails to make payment of any of the Fees set forth in the Agreement, within the time prescribed in such, M.O.X maintains the right to remove the Website from its servers, web space, and the like, until payment is made pursuant to M.O.X 's BP.
Domain Name- Any domain name registered on Customer's behalf will be made in Customer's name for both the billing and administrative contacts. The technical contact is generally required to be the hosting ISP.
Legal Disclaimers-Customer shall be responsible for timely notifying and providing to M.O.X any copyright, legal notices, or disclaimers that Customer requires to be included in the Website.
Customer Warranties-Customer represents and warrants that everything it gives M.O.X to put on the Website is legally owned or licensed to Customer. Customer warrants to M.O.X and unconditionally guarantees that any element of texts, graphics, photos, designs, trademarks, and/or any other artwork furnished to M.O.X for inclusion on Customer's website is owned by Customer or that Customer has the rightful owner of such artwork's lawful permission to use each such element. Customer represents, warrants, and covenants that none of the Necessary Materials infringe or violate any copyright, patent, trade secret, or third-party right.
Customer further represents and warrants to M.O.X that Customer performance under this Agreement will not cause a material breach of any other agreement to which it is a party; that it has the right and authority to enter into this Agreement and that signatory for Customer is at least 18 years old and has the right and authority to bind Customer to this Agreement; that it will at all times comply with all applicable laws and regulations and assumes responsibility and liability for ensuring that the Website complies with such; that it will not provide to M.O.X , and that the Website will not contain, any content that is illegal, obscene, pornographic, or otherwise offensive in nature.
Indemnification-Customer agrees to indemnify and hold M.O.X and its directors, officers, employees, and agents harmless from brought by any third-party relating to any aspect of the Website, including, but without limitation, any and all demands, liabilities, losses, costs and claims, including attorney's fees, arising out of injury arising out of any breach by Customer of the Agreement or caused by Customer's conduct, products/services, material supplied by Customer, copyright infringement, and/or defective products sold via the Website. Further, Customer agrees to indemnify M.O.X from responsibility for problems/disruptions caused by third-party services that Customer may use such as, but not limited to, merchant accounts, shopping carts, shipping, hosting services, real-time credit card processing, and any and all other services that relate to the operation of the Website.
Taxes-From time to time, various federal, state, local, and municipal governments enact laws and levy taxes and/or tariffs affecting Internet electronic commerce. Customer agrees that he or she is solely responsible for complying with such laws, taxes, and/or tariffs, and will indemnify and hold M.O.X harmless from any claim, suit, penalty, tax, and/or tariff arising from Customer's exercise of Internet electronic commerce.
Notice-Customer agrees to maintain a current and operational email address on file with M.O.X, and Customer further agrees that any correspondence or notice sent by M.O.X to such email address shall be deemed delivered. Either party may send notice to the other via certified or registered, postage prepaid, return receipt requested mail, or by first class mail and email, to Customer at the address on file or to Company as follows: M.O.X Advisors, Inc., 262 Main Street, Setauket, NY 11733, ATTN: Legal.
If you have questions or concerns regarding this statement, you should first contact Ronnie Tarulli directly at 888-869-6069 ext: 8.
Collection of Information
In order to use MOX Advisors Inc. website, we may require information from you in order to provide the best service possible.
All correspondence may also be collected and stored, particularly in regard to sales, support, and accounts, including Email.
Any information collected by MOX Advisors Inc. is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.
Use of Collection Information
Any details collected from MOX Advisors Inc. customers is required in order to provide you with our products and/or services, and a high level of customer service.
Correspondence is recorded in order to provide service references and to assist in our staff development.
Storage of Collected Information
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
If you have any questions about security on our Website, you can email us at firstname.lastname@example.org.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at email@example.com.
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
MOX Advisors Inc uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at firstname.lastname@example.org.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
MOX Advisors Inc may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose.
MOX Advisors Inc does not share any information with third parties for any unknown or unrelated uses.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
Links on MOX Advisors Inc site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of MOX Advisors Inc.
MOX Advisors Inc uses the Quick books Payment Gateway for its online credit card transactions. Quick Books processes online credit card transactions for thousands of merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the Quick Books gateway are secured payments.
Payments are fully automated with an immediate response.
Your complete credit card number cannot be viewed by MOX Advisors Inc or any outside party.
All transactions are performed under 128 Bit SSL Certificate.
All transaction data is encrypted for storage within Quick Book’s bank-grade data centre, further protecting your credit card data.
After ordering online, you will receive an email confirming receipt of your order within a few minutes of ordering. We will then send you an invoice containing your order details and payment methods.
Once payment has been received, we will send you an email the next working day that confirms your account details, an invitation to our online customer portal, your ‘Website Creative Brief, and other information which details the first stages of the website development.
A MOX Advisors representative is available to speak to you at every stage of your order.
MOX Advisors Inc will use commercially reasonable efforts to perform the services of website design (website template re-branding), and hosting setup within 2 weeks of confirmation of order. MOX Advisors Inc delivery time frames depend upon the Client’s prompt response to any questions or requests for client materials.
REFUNDS AND CANCELLATIONS
TERM AND TERMINATION
The Agreement is subject to the (1) One Term as set forth in the Agreement. Such Initial Term generally runs from the date of the first Monthly Fee (or as set forth in the Agreement). If Customer wishes to terminate the Agreement prior to completion of the Initial Term, Customer may do so by providing written notice to M.O.X via email to and paying M.O.X a lump sum cancellation fee equal to the total remaining Monthly Fees that would have been paid during the Initial Term (“Cancellation Fee”). In the event Customer prepaid Monthly Fees for the Initial Term, any and all such payments are deemed fully-earned and non-refundable.
After completion of the Initial Term, either party has the right to terminate this Agreement at any time for any reason by providing the other with written notice of termination, which must be provided five (5) business days prior to the Customer’s billing cycle date and will be deemed effective at the end of Customer’s then-current billing cycle.
M.O.X may terminate this Agreement and/or immediately suspend any Service or access in the event of breach of the Agreement by Customer, and, in M.O.X ’s sole and absolute discretion, Customer shall be liable for the Cancellation Fee as calculated above.
Upon termination, Customer shall have no further use of the Website and will not receive a refund for any Fees paid under this Agreement.
Setup charges and Domain Name Registration, transfer, or renewal fees, if any are not refundable.
Accounts that are either canceled, deactivated, and/or have services suspended for violation of our terms of service, or accounts that exceed their disk or bandwidth usage amount do not qualify for any refunds.
To apply for the cancellation and/or refund, you must send us an email at email@example.com.