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WHEREAS, possesses technical expertise in the field of computer programming and, in particular, the creation and development of website technology; and
WHEREAS, desires to engage , and accepts the engagement, to design a World Wide Web site (the “Web Design Project”) in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and agree as follows:
RETENTION OF DEVELOPER. hereby retains the services of for the Web Design Project to be published on ‘s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer (Hosting Service), or provided on disk at ‘s option.
DESCRIPTION OF SERVICES. Beginning on October 15, 2018, will provide the following services connected with the development of the Website (collectively, the “Services”):
PAYMENT FOR SERVICES. In consideration of the services to be performed by , agrees to compensate for the services rendered as follows:
‘s fees for the services specified in Description of Services, above, will be charged
Any additional services not specified in Description of Services, above, will be charged to on an hourly rate basis at ‘s standard rate of 0.00 per hour.
will be required to pay within days of receiving the bill.
will pay ‘s costs and expenses .
WEB HOSTING. understands and agrees that any web hosting services require a separate contract with a web hosting service. agrees to select a web hosting service which allows full access to the website.
TERM/TERMINATION. This Agreement shall terminate automatically on .
RELATIONSHIP OF PARTIES. It is understood by the parties that is an independent contractor with respect to , and not an employee of . will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of .
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by in connection with the Services shall be the exclusive property of . Upon request, shall sign all documents necessary to confirm or perfect the exclusive ownership of to the Work Product.
LAWS AFFECTING ELECTRONIC COMMERCE. agrees that is solely responsible for complying with laws, taxes, and tariffs that governments enact and fix from time to time in connection with Internet electronic commerce, and shall indemnify, hold harmless, protect, and defend and its subcontractors from any cost, claim, suit, penalty, or tariff, including attorneys’ fees, costs, and expenses, arising from ‘s exercise of Internet electronic commerce.
CONFIDENTIALITY. will not at any time or in any manner, either directly or indirectly, use for the personal benefit of , or divulge, disclose, or communicate in any manner any information that is proprietary to . will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, will return to all records, notes, documentation and other items that were used, created, or controlled by during the term of this Agreement.
INJURIES. acknowledges ‘s obligation to obtain appropriate insurance coverage for the benefit of (and ‘s employees, if any). waives any rights to recovery from for any injuries that (and/or ‘s employees) may sustain while performing services under this Agreement and that are a result of the negligence of or ‘s employees.
EMPLOYEES. ‘s employees, if any, who perform services for under this Agreement shall also be bound by the provisions of this Agreement. At the request of , shall provide adequate evidence that such persons are ‘s employees.
ASSIGNMENT. ‘s obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of .
INDEMNIFICATION. agrees to indemnify and hold harmless from all claims, losses, expenses, fees including attorney’s fees, costs, and judgments that may be asserted against that result from the acts or omissions of , ‘s employees, if any, and ‘s agents.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
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 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.
AMENDMENT. No amendment, waiver, or discharge of any provision of this Agreement shall be effective against or without the written consent of both and .
NOTICES. Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, to the addresses mentioned above.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of .
SIGNATURES. This Agreement shall be signed by on behalf of and by on behalf of . This Agreement is effective as of the date first above written.