Website Design Service Agreement

This Website Design Services Agreement (“Agreement”) is a valid legal agreement between FIRSTLINCOLN TECHNOLOGIES (“FILT”) with a principal business address at 5th Floor (Great Nigeria House), 47/57 Martins Street, Marina,  Lagos and the client, the individual or single entity ordering FILT Design Services (“Services”) either via an on-line order form or through a request for proposal or via FILT’s customer service request call (“Sign-up Process”). This Agreement governs the client’s purchase and use of FILT’s Services ordered by the client during the Sign-up Process.

For purposes of this Agreement, the 'Effective date' shall be that time when the client successfully makes payment either in part of full for the Services required.

The terms of this Agreement shall commence on the Effective Date, as herein defined.

R E C I T A L S

WHEREAS, FILT is a web design and Internet development company that offers graphic design, webhosting, domain name registration, application development  services and web page coding and implementation support and other information communication related services.

WHEREAS, client chooses to employ the aforementioned services of FILT,

WHEREAS, client agrees that by using FILT products or services you are bound by the terms of this Agreement. FILT reserves the right to change, amend and/or otherwise alter the terms and conditions of this Agreement and or the prices of it’s services offered, as well as discontinue or change the service offered. without prior notice to you.

NOW THEREFORE, in consideration of the terms and conditions set forth in this Agreement, FILT and client agree to the foregoing and as follows: 

ARTICLE 1 – GENERAL

1.1 Overview of Agreement. This Agreement explains the important terms and conditions under which FILT shall operate and provide Information Technology related service subscribed to/or applied for by the client. It is important that this document be thoroughly reviewed if client agrees to these terms and conditions, and is willing to be bound by them.

1.2 This Agreement also declares your consequent obligations as our client in relation to the services you purchased.

1.3 Any attempt to amend terms and conditions enclosed in this Agreement and question the said points after the effective date through conflicts or misrepresentation in any other document shall be of no force and void the effects.

1.4 By availing Website Design services of FILT, and by entering into this page, you, as our client, acknowledge that you have read, understood, and agreed to be bound by all terms and conditions mentioned in this Agreement, as well as any additional rules or policies that may be established by FILT from time to time. This Agreement, and those that may from time to time be added or modified herein, constitutes the exclusive agreement between the client and FILT concerning your use of the Website Design Service and shall supersede and govern all prior proposals or agreements made by any of our representatives.
 

ARTICLE 2 – FILT WEBSITE DESIGN SERVICE

2.1 Content Submission

FILT will provide Client with Services solely in accordance with the information provided to us online, in written form, via email, and through telephone interviews.

If Client were not able to provide or confirm with FILT their information that will be used for the development of their website, FILT will passively create a generic website, referred to as industry-based template with content (IBTC) throughout the rest of the agreement. Client may still alter this template upon contacting FILT and confirming or providing information needed for the website.

Client agrees to submit all content within ten (10) business days after initial payment for FILT Website Design Services. Any content submitted after 10 business days will not be included in the Website Design Service. Client agrees any additional content added to the scope of the project will be billed in advance at a rate of =N=5,000 per hour.

2.2 Type of Contents

Client and FILT must work together to complete the website in a timely manner. Client is solely responsible for the contents of their Website and the consequences thereof. Below is a list of acceptable content formats:

2.2.1 Text
Client agrees to provide textual content for all Website pages, limited to an average of 500 words per page, in the following specified format: Microsoft Word for Windows (v95, 97, 2000-2007, and XP); WordPerfect for Windows (v5.x, 6.0); Rich Text Format (*.RTF); Text (*.TXT); or HTM/HTML (*.HTM, *.HTML). Text will not be accepted in other formats. Prices for document typing will be =N= 1,000 per page.

2.2.2 Imagery
Client agrees to provide all images content for the Website. FILT will not alter the quality of the images or graphics, but will resize them to fit the chosen template layout. A maximum of 10 images or graphics will be allowed per Website page, including the company logo. Prices for photo or image optimization will be =N= 1,000 per page. Client agrees to provide images/graphics for all Website pages in the following specified format: Photoshop (*.PSD, *.PDD); Bitmap (*.BMP, *.RLE); CompuServe GIF (*.GIF); Photoshop EPS (*.EPS); Photoshop DCS 1.0 (*.EPS); JPEG (*.JPG, *.JPE); PCX (*.PCX); Photoshop PDF (*.PDF, *.PDP); PICT (*.PCT, *.PIC); Pixar (*.PXR); PNG (*.PNG); RAW (*.RAW); Sitex CT (*.SCT); Targa (*.TGA, *.VDA, *.ICB, *.VST); Tiff (*.TIF). Images in other formats will not be accepted.

Client further agrees to pay =N=1,200 for every image provided by FILT. Should client require more than ten(10) images, a discount shall be applied.

Client agrees not to do anything, which would restrict or inhibit any other user from using and enjoying the Internet.

Client further agrees not to use FILT to send or post any messages or materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, infringes on any third party’s intellectual property or publicity/privacy rights, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Should these unlawful acts happen, Client would solely be liable for damages.

FILT reserves the right to terminate the account if FILT becomes aware and determines, in its sole discretion, that Client is violating any of the foregoing guidelines. As a condition of use of FILT Service Client warrants to FILT that FILT’s Service will not be used for any unlawful purpose.

Client is responsible for keeping a copy of the most current Website files as backup on a remote system. FILT is not responsible for any lost files, information, or data. If FILT’s hosting services has been terminated, or a copy of the website files requested, FILT will e-mail one copy of the HTML files, graphics, encrypted code of the scripts and programs behind the website  and all other associated aspects of the Website to Client in an email attachment at no charge for the first request. FILT may provide the copy of the files to Client via CD, at the cost of =N=15,000 plus shipping and handling, if so requested.

All source code of website remains the sole property of FILT and cannot be edited or reused without the knowledge and permission of FILT.

2.3 Change Requests

Once the initial design phase is completed Client agrees to provide, via email to FILT, concise feedback and desired changes. If feedback is not received promptly, FILT is not held liable for any additional costs required to extend the project timeline.

2.4 Billable and Non-Billable Requests.

FILT understands that Client may request significant design changes to pages that have already been built according to earlier specifications. To that end, the scope of acceptable revision requests does not include provisions for “significant page modifications” or creation of additional pages in excess of the agreed maximum pages without additional charges.

If significant page modification is requested after a page has been built to Client’s specification (after the Production Phase), it will be considered a billable request.

2.4.1 A billable request is one that changes the basic structure of the Website such as an additional navigation button or basic design layout change of the Website.

2.4.2 A non-billable change is one that does not affect the layout or navigation of the Website such as swapping out a photo or change text (provided that the modified text still fits within the space originally provided).

Client is encouraged to inquire as to whether a change is billable or non-billable, should there be any doubt. As long as requested before the Acceptance Phase, non-billable changes are free-of-charge. Billable changes on the other hand are not, and will be assessed first and billed separately by the hour.

2.5 Domain Name

Any domain name registered on Client's behalf will be made in FILT 's name for administrative, registrant, technical and billing contact. Email notifications regarding renewal of domain names will be sent directly to the Client before the domain expire. For existing domain name, client is responsible for the renewal.

In the event there is a misspelling of a domain name, while being registered online, you as the customer must register the correct spelling of that name. There are NO refunds issued for misspelled domain names.

The client acknowledge and agree that FILT does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available, or you are able to complete an order with respect to such name. You also understand that FILT cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that FILT is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal is properly processed. You also acknowledge and agree that FILT is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or FILT 's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.

ARTICLE 3 – PAYMENT TERMS AND FEES

3.1 Terms of Payment

Fees to FILT are due and payable on the following schedule: 60% of the total contract sum before project commencement, 40% when the project have been constructed according to the specifications in the proposal submitted to client. If the total amount of the contract is less than =N=100,000 the total amount shall be paid upon commencement.

Client agrees to pay FILT (a) for credit card payments - the first monthly fee of the package plus 1-year domain name registration fee when applicable; (b) for other modes of payment such as check - the full (1-Year) package price plus 1-year domain name registration fee when applicable.

Client further agrees to pay in advance of the time period during which such services are provided. All fees are due immediately and are non-refundable. If Client switches or upgrades the website design package, the monthly service fees shall be prorated. Website and E-commerce Packages require a 12-month minimum commitment; early termination fees apply amounting to the unpaid balance (remainder) of the total package price.

Client agrees to provide FILT with current billing and contact information and authorize FILT to bill all account and related charges to the information on file. Client agrees that prepayments will be billed and charged automatically, that FILT may apply the amount due to the provided card at any time, and will issue no refunds. If the credit card is denied for any reason on the first attempt, FILT will automatically attempt to resubmit such card within three (3) business days of the original attempt. Should the card be denied again, Client may provide alternative billing arrangements, or FILT may terminate the account. All files within the account may be deleted on termination.

If FILT does not receive payment from the card issuer, Client agrees to pay FILT all amounts due upon demand. Client agrees to pay all attorney and collection fees arising from any efforts to collect any past due amounts to the extent allowed by law.

Client shall own the created website subject of this Agreement only after the first year of subscription.

3.2 Late Payments. Should client fail to pay any fees on the date due for payments, FILT shall have the right to make use of any or all of the following:

a.) assess and collect charges for the delay in an amount constituting five percent (5%) per month of which amount shall not exceed the ceiling provided by law, when available

b.) suspend or terminate any access to any or all of the services of FILT,

c.) terminate the herein Agreement without incurring any liability whatsoever arising from the discontinuance of services due to late payments.

3.3 Continuous Payment.The suspension or termination of FILT services, or of the Agreement, shall not absolve the client from paying any outstanding fees, interests and penalties. Client shall be responsible for any costs for the collection of such fees. Costs herein contemplated shall include, among other expenses rightfully due to FILT, attorney’s fees, expenses of litigation, and payment of damages.

3.4 Refunds. All monies paid to FILT are non-refundable.
 

ARTICLE 4 - LIMITED WARRANTIES

4.1 Customer Warranty

Client represents and warrants to FILT that:

a) Client has the legal personality or authority, as the case may be, to enter into an Agreement with FILT and perform its obligations under this Agreement;

b) Client shall use FILT’s services and products for lawful purposes;

c) Client shall not violate any existing law, rules or regulations of any country where the project is used. Neither shall client violate the intellectual property rights of any person, corporation or legal entity;

d) Client warrants that the project herein, or its principal place of business is not located in a country where the activities necessarily arising from the use of the project is prohibited.

e) In any instance client shall receive advise or notice of any claim with regard the project or FILT, Client shall promptly provide FILT with a written notice of such claim.

f) Client agrees to inform FILT via email within three (3) days of any changes, alterations or modifications to the homepage or the project in general.

4.2 FILT Warranty

FILT warrants that:

a) FILT has the legal personality and authority to enter into this Agreement and perform its obligations under this Agreement; and,

b) FILT will perform the services required under this Agreement.


ARTICLE 5 - RECORDS & DOCUMENTS

5.1 Archive. FILT is not responsible for the custody, archiving, safe keeping, as well as of returning or sending to Clients, of documents, graphic work, physical goods or web pages created for clients and/or sent to FILT in any manner or form.


ARTICLE 6 - CANCELLATION

6.1 Cancellation Fee. A 25% fee of the total project cost is charged to the client for any cancellations made to answer for costs of set-up requirements and billing in relation with the Website Design Services where the project billed has not yet begun.
Payments previously paid are already non-refundable even if project has not been completed prior to cancellation.
To Cancel, Client is expected to send a cancellation notice through email to info@firstlincoln.net

ARTICLE 7 - MISCELLANEOUS

7.1 Taxes. Client will pay, or when necessary, reimburse FILT for taxes and duties imposed upon and by reason of the performance of FILT of its services, on all sales, use, transfer, privilege, whether international, national, state or local, except income taxes or gross receipts taxes which may be levied against FILT.

7.2 Non-Exclusivity. The parties acknowledge and agree that FILT is providing access to and use of its non-exclusive and non-transferable services to multiple customers.

7.3 Support. FILT agrees to provide live technical support during normal business hours (Monday-Friday, 9:00AM-5:00PM ).

7.4 Severability. If any provision of this Agreement is held to be unenforceable, in whole or in part, the parts deemed unenforceable shall not affect the validity of the others, unless FILT, in good faith, deems the unenforceable provision to be essential, in which case FILT will have the right to terminate this Agreement.

7.5 Notices. Any written notice required or permitted to be delivered pursuant to this Agreement will be in writing and will be deemed delivered: a) upon delivery if delivered in person; b) three (3) business days after deposit with NIPOST, registered or certified mail, return receipt requested, postage prepaid; c) upon transmission if sent via telecopier, with a confirmation copy sent via overnight mail; d) one (1) business day after deposit with a national overnight courier; e) upon transmission if sent via e-mail with a telecopy sent the same day, in each case addressed, in the case of Client, the address listed in FILT’s records, or in the case of FILT, at 5th Floor (Great Nigeria House),47/57 Martins Street, Marina,  Lagos

7.6 Assignment. Client will not assign or otherwise transfer this Agreement, in whole or in part, nor delegate or subcontract any of its rights or obligations hereunder, without FILT’s prior written consent, which consent may be withheld, delayed or conditioned in FILT’s discretion. FILT shall have the right to assign this Agreement, in whole or in part, to a third party at any time upon written notice to Client.

7.7 Force Majeure. Neither party shall have any liability to the other or to third parties for any failure or delay in performing any obligation under this Agreement due to circumstances beyond its reasonable control including, without limitation, acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.

7.8 Waiver. Any waiver or modification of this Agreement will not be effective unless executed in writing and signed by an authorized representative of FILT. The parties expressly disclaim the right to claim the enforceability or effectiveness of: a) any amendments to this Agreement that are not executed by an authorized representative of FILT and Client; b) any oral modifications to this Agreement; and c) any other amendments that are based on course of dealing, waiver, reliance or similar legal theory. The parties expressly disclaim the right to enforce any rule of law that is contrary to the terms of this Section. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights under this Agreement will not be deemed to be a waiver or modification by such party of any of its rights under this Agreement.

7.9 Governing Law & Dispute Resolution with Third Party Licensors. This Agreement shall be interpreted and construed in accordance with the laws of the Federal republic of Nigeria without regard to conflict of law principles. The parties agree that all disputes arising out of this Agreement shall be brought only in the district and federal courts located in Nigeria.

7.10 Non-solicitation. Client agrees that during the term of this Agreement and for a period of twelve (12) months after the expiration and non-renewal or termination of this Agreement, Client shall not solicit or attempt to solicit any employee or consultant of FILT. Client further agrees that a violation hereof shall entitle FILT to claim the amount of =N=1,500,000.00 as liquidated damages.

7.11 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

7.12 Abuse of Traffic and/or Storage. The intention of FILT is to provide a large space to serve Website documents, not an offsite storage area for electronic files. All of your Website pages (html) must be 'linked' with files (GIF, JPEG, etc.) stored on FILT 's server. This policy does ONLY apply to Websites that are considered to be abusing services – bandwidth in particular. It is NOT applicable to photo galleries, even if several megabytes of storage space are in use. Websites that are found to contain either no HTML documents or a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of FILT management. Traffic will go unmonitored until you reach 3 GB (3,442,450,944 bytes) per month. Thereafter, normal data transfer cost of =N=5,000/1GB will apply. Unless special agreement has been met, traffic overages will be billed in blocks of 5GB and cannot be prorated.

7.13 Modification of Terms. FILT reserves the right to modify this Agreement at any time and without advance notice, effective upon making the modified provisions available on the FILT Website. You are responsible for regularly reviewing these documents. Continued use of Services after any such changes shall constitute your consent to such changes. FILT does not and will not assume any obligation to notify you of any changes to this Service Agreement.

ARTICLE 8 - COPYRIGHTS AND TRADEMARKS

8.1 FILT will use content approved by you to complete your Website. Any such images and text shall remain your property. You represent to FILT and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to FILT are owned by you, or that you have permission from the rightful owner to use each element(s), and will hold harmless, protect and defend FILT from any claim or suit arising from their use.

ARTICLE 9 - DISCLAIMER

DISCLAIMER EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE FILT SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FILT EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE FILT SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FILT, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL FILT, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE FILT SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE FILT SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FILT RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT FILT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM FILT AND ITS AFFILIATES. UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, NOR SHALL FILT’S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO FILT DURING THE THREE (3) MONTH PERIOD PRIOR TO WHEN THE ACTION AROSE. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

ARTICLE 10 - INDEMNIFICATION

10.1 Client agrees to defend, indemnify and hold harmless FILT against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys’ fees) or claims caused by or resulting indirectly from your use of the Service, without limitation or exception, including your violation of any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with FILT.
10.2 By completing our online sign up form, or confirming an order by phone, or making payment for services either in part or full, it indicates that Client has read and understood the FILT Service Agreement and thus is bound by the terms and conditions stated herein. The undersigned agrees to the terms and conditions contained in this Service Agreement. The undersigned also states that he or she is empowered to enter into this agreement on behalf of the organization or business.

ARTICLE 11 - LIMITATION OF LIABILITY

FILT SERVICES' LIABILITY UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES OF ANY KIND WILL NOT EXCEED AN AMOUNT EQUAL TO THE AMOUNT PAID BY CLIENT TO FILT THROUGH THE DATE FILT SERVICES' LIABILITY TO CLIENT ACCRUES. IN NO EVENT SHALL FILT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS.

 

ARTICLE 12 - CONFIDENTIAL INFORMATION

12.1 "Confidential Information", as contemplated in this Agreement, shall include the terms of this Agreement, any services provided by FILT, the prices and fees charged under this Agreement, any other materials marked confidential by Client or FILT and any other information conveyed under this Agreement that is identified in writing as confidential at the time of its conveyance.

12.2 Each party acknowledges and agrees that:

a) The Confidential Information constitutes valuable trade secrets of the party owning such Confidential Information;

b) It will use Confidential Information solely in accordance with the provisions of this Agreement; and

c) It will not disclose, or permit to be disclosed, the Confidential Information of the other party to any third party without the disclosing party's prior written consent. Each party will take all reasonable precautions necessary to safeguard the confidentiality of the other party's Confidential Information including, at a minimum, those precautions taken by a party to protect its own Confidential Information, which will in no event be less than a reasonable degree of care.

12.3 Confidential Information will not include information that is:

a) Publicly available;

b) Already in the other party's possession and not subject to a confidentiality obligation;

c) Obtained by the other party from any source without any obligation of confidentiality;

d) Independently developed by the other party without reference to the disclosing party's Confidential Information; or

i) required to be disclosed by order of a court or other governmental entity; provided no less than ten (10) days written notice is given to the party owning such Confidential Information so that such party may obtain a protective order or other equitable relief.

ARTICLE 13 - TERMINATION & BREACH OF CONTRACT

13.1 Termination by FILT. FILT shall have the right, upon written notice to Client, to terminate this Agreement, sue and/or make client liable for breach, if:

a) Client fails to comply with its payment obligations under this Agreement;

b) Client materially breaches any term or condition this Agreement;

c) Client terminates or suspends its business activities, becomes insolvent, or becomes subject to any bankruptcy or insolvency proceeding, or assigns the project to creditors, or becomes subject to direct control of a trustee, receiver or similar authority.

d) Client infringes or duplicates the website subject of this Agreement, while having an outstanding balance, within one year from effectivity date of this Agreement.

13.2 Termination by Client. Client shall have the right, upon written notice to FILT, to terminate this Agreement if FILT is in material breach of this Agreement and it fails to remedy such material breach within thirty (30) calendar days of its receipt of such written notice.

13.3 Survival. Any provisions of this Agreement that by their nature should survive termination of this Agreement will survive termination of this Agreement, unless contrary to the pertinent provisions herein stated.

13.4 Abandonment of Project. A project manager will be working with the client in every phase to assure that requests are processed. However, if any response or approval is not received from the client for more than 30 days, the project will be considered finished.

You agree to maintain Service for an initial term of one (1) year.  After the initial term, Service will automatically renew for successive annual periods.  You may terminate the Service at the end of the initial term or at any time during any renewal term by providing not less than thirty (30) days written notice to FILT.  The termination notice must be sent to info@firstlincoln.net  If you terminate your Service prior to the end of the initial term, you will be liable for an early termination fee amounting to the unpaid balance of the total package price.