This agreement represents the complete agreement and understanding between Optimum Computing (hereinafter called “Vendor”) and the “Client” (refer to front of page) and supersedes any other written or oral agreement

The Client’s use of the Vendor’s services and/or products shall constitute the Client’s approval of these terms and conditions.

- All terminology used in this agreement, as well as in all other literature provided by the Vendor or by the Vendor’s providers of products and services (third party affiliations), is defined solely by the Vendor. The Vendor holds the right to define any additional terminology that is used in the conduction of business between the Client and the Vendor.

- The services and/or products are selected by client's choice and decision. The Vendor disclaims any responsibility/liability/representation for any use or misuse or merchantability of the above items for any particular application or company.

- Vendor makes no warranties of any kind, whether expressed or implied, for the service it is providing. Vendor also disclaims any warranty of merchantability or fitness for a particular purpose. Vendor will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties (i.e. ISP, etc.).

- Client holds Vendor and its associates harmless of claims against them such as claims of business loss or special incidental or consequential damages, etc. In any case, Vendor's liability may not exceed the amount of the paid invoice.

- Client provides any needed equipment, software or services not sold by the Vendor. Any such items are the entire responsibility of the Client. Needed equipment, software or services are defined by the Vendor.

- Technical Labor Regular rate $105 per hour, Flexible Time and Place $85 per hour. (Status E).

- Other services, products and service agreements are available to the Client at low prices.

- Any charge for a service or product does not imply completion of a task or project nor implies any warranties for future needs of the service or continuation. It only means that so far this quantity is ordered or spent. There are no implied obligations or warranties from the Vendor because of sales or service other than what explicitly mentioned.

- Proper use, and conforming to safety, copyright and other regulations are recommended and are entirely Client's responsibility.

- There is a 3-month limited warranty for manufacturing defects (for products only). The terms of warranty are limited by the terms of warranty by the manufacturer. Warranty does not extend to any items not mentioned here or not paid to this Vendor or interfacing with other items.

- All information and content used to create websites must be provided by the Client. Vendor can perform content research at their current hourly rate.

- Any delays in service caused by the inability of the Client to provide the Vendor with content, or by the inability of the Vendor to obtain information and content from the Client, are solely the responsibility of the Client and are beyond the Vendor’s control. The Vendor holds the right to define such circumstances.

- Vendor has no obligation to provide any services or products prior to the approval of the order, reception of the payment, and acquisition of the funds.

- Payment plans are available and are defined by the Vendor.

- The Client cannot hold the Vendor responsible for any circumstances beyond the Vendor’s control (i.e. network down time or hardware failure). Circumstances beyond the Vendor’s control are defined solely by the Vendor. The Vendor holds the right to determine a course of action under such circumstances.

- The Client agrees to the terms and conditions of all the Vendor’s product and services providers (third party affiliations). It is the Client’s responsibility to familiarize themselves with such terms and conditions. Vendor will provide such terms and conditions upon request.

- Client agrees to pay fully for products and services including the time spent for support, explanation of a service, collection and paper work. Until such full payment Vendor is entitled to keep the title to the product or the result of labor. In case of nonpayment, Client will be responsible for additional costs such as collection time and expenses and attorney fees.

- All prices provided by Vendor are based upon products and services as defined by the Vendor. The Vendor holds the right to determine a product or service, as agreed to in this contact, as extraordinary and not subject to the agreed price. In this event, the Vendor will a) contact the Client to obtain permission to provide the service and/or product at a newly agreed price or b) refund the Client the amount for that particular product and/or service. The same terms and conditions apply to newly agreed to prices.

- Sales are final (no returns or exchanges).

- Client warrants that any material submitted for publication to Vendor does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Vendor reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

- Prices and availability of all services and products are subject to changes without notice.

- The Vendor reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the Client. Unused fees are defined by the Vendor.