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1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and Info-Pro Consulting.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Info-Pro Consulting services, including but not limited to, submission of content to design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Clients electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.
Info-Pro Consulting provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at this Web Site. Failure to comply with the TOS may result in account termination. By using Info-Pro Consulting services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Clients account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and Info-Pro Consulting is instructed to commence work on the Clients website as if Client had expressly accepted the TOS.
Clients acceptance of the TOS is binding upon all Info-Pro Consulting services including the purchase of additional services or additional websites or accounts at a later date.
2. Description of Service Info-Pro Software designs and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, update requests of the website, email accounts and additional website-related services.
Info-Pro consulting also provides media conversion services.
Additionally, Info-Pro Consulting provides Virtual Administration activities.
3. Electronic Delivery Policy Info-Pro Consulting is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Info-Pro Consulting any notices, agreements, disclosures, or other communications (Notices). Client agrees that Info-Pro Consulting may send electronic Notices in either of the following ways 1) To the email address provided to Info-Pro Consulting at the time of sale or 2) to the new email address account Client set up through Info-Pro Consulting. Client agrees to check the designated email addresses regularly for Notices. Notice from Info-Pro Consulting is effective when sent by Info-Pro Consuling, regardless of whether the Notice is read or received by Client.
4. Privacy Policy Personal data and certain other information about the Client are subject to Info-Pro Consulting Privacy Policy. For more information see the privacy policy at http://www.info-proconsulting.com/privacy.html. By using Info-Pro Consulting services Client also agrees to the most current version of Info-Pro Consulting Privacy Policy.
5. Unacceptable Website Practices As Info-Pro Consulting strives to offer the very best service, there are certain guidelines and policies that must govern Info-Pro Consultings efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Info-Pro Consultings services. Such decisions are at the sole discretion of Info-Pro Consulting. Unacceptable practices include, but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Lingerie websites
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Info-Pro Consultings discretion)
- Gambling, gaming, lotteries, and like activities
- Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of anothers privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Prescription drugs and related content
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling of email accounts or hosting accounts to third parties.
- Reselling of any Info-Pro Consuting services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
- Links to other sites that are in violation of Info-Pro Consulting policies and guidelines
- Other activities, whether lawful or unlawful, that Info-Pro Consulting deems to be in poor taste or that reflect adversely on Info-Pro Consulting or Info-Pro Consultings other clients
- Info-Pro Consulting reserves the right to refuse to design or host an account at its sole discretion at anytime.
6. Unacceptable Media Conversion Criteria
Unacceptable Media Submitted for Conversion to DVD/CD include, but are not limited to:
- Media of Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Media of Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Media that includes Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Media of Offensive or otherwise distasteful material
- Media describing illegal activites such as, but not limited to, how to about gambling, weapons, bombs and any other activities harmful to the public.
7. Unacceptable Virtual Administration requests include any electronic documents submitted pertaining to any of the following:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Lingerie
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Documents pertaining Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Info-Pro Consultings discretion)
- Gambling, gaming, lotteries, and like activities
- Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of anothers privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Prescription drugs and related content
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling of email accounts or hosting accounts to third parties.
- Reselling of any Info-Pro Consuting services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
- Links to other sites that are in violation of Info-Pro Consulting policies and guidelines
- Other activities, whether lawful or unlawful, that Info-Pro Consulting deems to be in poor taste or that reflect adversely on Info-Pro Consulting or Info-Pro Consultings other clients
- Info-Pro Consulting reserves the right to refuse Virtual Administration requests at its sole discretion at anytime.
As an Info-Pro Consulting Client, you agree to conduct your business in a legal and professional manner. Info-Pro Consulting will on occasion provide Client content material in order to expedite web site developement. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Clients website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold Info-Pro Consulting harmless in the event of third parties legal issues brought against Client for Clients business practices. Info-Pro Consulting retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. Info-Pro Consulting may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by Info-Pro Consulting for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)
Client acknowledges that Info-Pro Consulting may access, preserve, and disclose Clients account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of Info-Pro Consulting and the public.
8. Intellectual Property Policy Info-Pro Consulting respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. Info-Pro Consulting may terminate accounts for copyright or trademark infringement, or for any other reason Info-Pro Consulting deems appropriate as it may relate to Clients use of anothers intellectual property.
Info-Pro Consulting will not use copyrighted or trademarked materials on any Clients website without the express written consent of the copyright or trademark owner. It is Clients responsibility to ensure that all content submitted to Info-Pro Consulting is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Clients website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Clients website. (See Unacceptable Practices).
Client content that is sent to Info-Pro Consulting will remain the intellectual property of the Client. Info-Pro Consulting will return original content to the Client. If content is electronically submitted for website construction, then Client will receive a data backup of all the content elements.
Domain names purchased by Info-Pro Consulting and website designs, databases, stores, or programs created by Info-Pro Consulting are the property of Info-Pro Consulting until Client has paid all fees including one full year of hosting. (See Domain Names Purchase/Hosting Agreement)
9. International Use Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the transborder transfer of personal data.
10. Interstate Communications Client acknowledges that by using Info-Pro Consultings services Client will be causing communications to be sent through computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Info-Pro Consultings services results in interstate data transmissions and may result in transborder transfer of personal data. Client hereby consents to the collection, processing and transborder transfer of such personal information as Client may provide or make available to Info-Pro Consulting.
11. Website Construction Procedure With help and input from the Client, Info-Pro Consulting will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to Info-Pro Consulting through email attachments, CD/DVD mailings or jump drive mailing.
In submitting content, links to sample sites the Client likes are for general information purposes only and assist Info-Pro Consulting with the design of the Clients custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Info-Pro Consultings invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
Please Note: Website construction utilizes a wide screen format, 16:9 aspect ratio. In doing so, clients who still utilize, 5:4 aspect ratio displays will not be able to view as much screen content per screen display as a wide screen display without using the slider bar at the bottom to display the rest of the content. Also, Info-Pro Consulting uses Firefox as the primary browser. Consequently, subtle differences in content display may be noticed.
Info-Pro Consulting will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is ready to go live.
12. Completion Timeframes Client understands, agrees and acknowledges that Info-Pro Consulting does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Clients project(s), availability of Info-Pro Consulting personnel, accounting status of Clients account, etc.
If Client does not respond to Info-Pro Consulting communications and, as a result, Info-Pro Conculting is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Clients website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
13. Client Approval Client is responsible for testing the functionality of the website upon Info-Pro Consultings request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, blog, database, e-commerce store, payment functions, galleries, forums etc.
Client website may be posted live as soon as the website design is completed by Info-Pro Consulting. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website may be posted live within 30 days from purchase if Info-Pro Consulting is required to complete content and design without complete Client input or content from Client.
The Client understands and agrees that if the Client does not respond within 5 business days to Info-Pro Consultings request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Info-Pro Consultings notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information areas or under construction.
In the event that Info-Pro Consulting completes all of the work per the original sale and database write ups, Info-Pro Consulting reserves the right to move the site live and deem the work to be completed without Clients permission if Client will not give approval of the work.
14. Scope of Work Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice/quote and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an standard hourly rate or as specific enhancements.
15. Website Change Requests Before and After Website Goes Live Info-Pro Consulting agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Info-Pro Consultings standard hourly rate. Info-Pro Consulting is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Info-Pro Consulting does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
16. Database/Programming Info-Pro Consulting does not guarantee a time frame for completion of ANY custom database or custom programming completed by Info-Pro Consulting or a Partner. If database is completed by Info-Pro Consulting a custom Database Specifications Summary may be presented to the Client. Info-Pro Consulting agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and Info-Pro Consulting may proceed with development of the custom database as outlined. A Database specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.
If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at Info-Pro Consultings standard hourly rate. There is no guarantee that changes made by Info-Pro Consulting to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Clients requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.
Client is responsible for testing the functionality of the website upon Info-Pro Consultings request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
Info-Pro Consulting will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests Info-Pro Consulting to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at Info-Pro Consultings standard data entry rates.
17. E-commerce/Stores Client will be provided with instructions to input products into the store. If Client requests Info-Pro Consulting to enter products into the store on Clients behalf, the Client will be charged, and agrees to pay, for each product added to the store at Info-Pro Consultings standard product-entry rates. Client is required to submit store content to Info-Pro Consulting via Info-Pro Consultings content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at Info-Pro Consultings standard hourly rate for requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon Info-Pro Consultings request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. Info-Pro Consulting is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
18. Enhancements to Website Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Clients requests for enhancements to the original sale will be due and billed separately and at the time of request. The hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.
Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and Info-Pro Consulting will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
19. Expedited Services While Info-Pro Consulting does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Info-Pro Consulting at its sole discretion. Client understands and agrees that Clients use of expedited service does not guarantee that Clients website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Info-Pro Consulting will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Clients timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Info-Pro Consulting and Clients timely cooperation with Info-Pro Consulting in any solicitation for information related to the websites development.
If expedited service is offered to Client by Info-Pro Consulting, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Info-Pro Consulting guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Info-Pro Consulting with requested information in a timely manner, Info-Pro Consulting reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Info-Pro Consulting for any and all other charges related to the websites development.
20. Additional Services Client may purchase at an additional cost additional services offered by Info-Pro Consulting. Additional services may include, but are not limited to, the Web Hosting & consulting services. Additional services may or may not include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. Info-Pro Consulting will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 30 days written notice.
21. Email Accounts Based on the hosting support package purchased, email accounts are also provided. Email accounts may be set up and used immediately upon Clients purchase of website. Client does not need to wait until custom website is live to use email accounts. To begin using email accounts Client should contact Info-Pro Consulting for support procedures.
22. Technical Support Info-Pro Consulting should be contacted for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. Info-Pro Consulting provides technical support for email and down time issues that are caused by Info-Pro Consulting. Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at Info-Pro Consultings hourly rate and that Info-Pro Consulting may charge Clients account for such technical support fees.
If Client uses Info-Pro Consultings technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Info-Pro Consulting does not warranty that technical support services will meet Clients requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)
23. Customer Service Info-Pro Consulting strives to offer the best service available. Customer service complaints or concerns should be emailed to info@info-proconsulting.com
24. Use and Storage Client acknowledges that Info-Pro Consulting may establish general guidelines and limits concerning use of Info-Pro Consultings services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on Info-Pro Consultings servers on Clients behalf. Client acknowledges that Info-Pro Consulting is not responsible for backing up Clients website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by Info-Pro Consulting may be lost if data loss occurs after a scheduled backup by Info-Pro Consulting.
25. Server Security Practices Info-Pro Consulting utilizes Host Monster WEB services and is under Host Monsters umbrella of security practices and standards.
If Client uses its website to collect, store, display, process or otherwise use sensitive or confidential information including but not limited to credit card information, social security numbers, credit or financial information, medical or health care related records, insurance records, sales records, personal information, etc, then Info-Pro Consulting at its sole discretion may require Client to utilize certain services to improve the security of Clients website. Such services may include security certificates, hosting Clients site on a Virtual Private Server (VPS) or on a private server, and using programming that encrypts the sensitive or confidential information used by Clients website. Client understands and acknowledges that there may be costs associated with these services and agrees to pay for said services if used by Client.
26. Design Time/Service Contract Client may wish to make changes or updates to the live website that Info-Pro Consulting is hosting. If Client desires for Info-Pro Consulting to make changes to website, design time may be purchased at an hourly rate or in blocks of design time as a Design Service Contract.
27. WEB Site Hosting Agreement Hosting is billed on the date of sale and is recurrently billed annually thereafter. Hosting begins accruing from the date of sale, regardless of the date the website goes live, because hosting costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names. In addition, email accounts and support are available from the date of sale and are paid for with hosting fees. Client agrees to a one year hosting agreement with Info-Pro Cosnulting.
28. Domain Names Client is responsible for the purchase and renewal of domain names and will be billed directly by domain name provider for annual renewal fees, unless client agrees to transfer their domain to Host Monster administered by Info-Pro Consulting. Client agrees to pay Info-Pro Consulting for domain names purchased and/or renewed by Info-Pro Consulting on Clients behalf.
Domain names purchased by Info-Pro Consulting on Clients behalf and website designs, databases, stores, or programs created by Info-Pro Consulting are the property of Info-Pro Consulting until Client has paid all fees including one full year of hosting. Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Clients may buy-out their one year hosting agreement by paying the annual hosting charge in advance if they wish to transfer the domain name and content to Clients control prior to one year. Info-Pro Consulting expressly reserves the right to retain a copy of any website designs, databases, stores, flash, programs, writings, or any other work created for Client for evidentiary purposes.
Upon transfer of domain and/or website to Client or another service provider, at anytime, Client agrees that Info-Pro Consulting has met in full its obligation to Client, and Info-Pro Consulting is released of all past and future obligations to the Client. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client. Info-Pro Consulting reserves the right to transfer domain name(s) to Client at anytime. Upon receipt of any legal action or intellectual property disputes Info-Pro Consulting may transfer domain name to Client at anytime Domain names are purchased through a third party service on Clients behalf. Info-Pro Consulting cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase Info-Pro Consulting will assist the Client in selecting and purchasing an alternate domain name.
If Client ceases to pay hosting or other fees due ownership of any domain names purchased by Info-Pro Consulting on Clients behalf or controlled by Info-Pro Consulting are transferred to Info-Pro Consulting. Info-Pro Consulting may allow domain name to expire, may renew domain name and remain the owner, or Info-Pro Consulting may sell the domain name at its sole discretion and for Info-Pro Consultings sole benefit.
29. Marketing Representations Info-Pro Consulting makes no representations as to the marketing of Clients products, services or sales. Clients obligation to pay fees due to Info-Pro Consulting are due at time of sale of website design and hosting services and are not contingent upon Clients marketing of said website. Client is responsible for all marketing of Clients website. Info-Pro Consulting is not responsible for marketing of Clients website including search engine rankings. Ultimately the success or failure of the Clients website is the responsibility of the Client.
30. 30-Day Satisfaction Guarantee Info-Pro Consulting provides a 30-day satisfaction guarantee. Info-Pro Consulting will continue to change and modify the Clients website to Clients liking, within 30 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 30 days from the date of the initial sale, or after the website is taken live, will first be billed to the Clients design time hours available based upon the hosting package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at Info-Pro Consultings standard hourly rate over and above the initial design fee paid. Info-Pro Cosnulting does not guarantee that the website designed will be exactly what the Client has envisioned. Info-Pro Consultings best effort will be given for the 30-day satisfaction guarantee but Info-Pro Consulting is not obligated to complete multiple redesigns or modifications. While Info-Pro Consulting may agree to make requested changes and to bill the Clients design time or bill the Client directly, Info-Pro Consulting is not obligated to complete Client requests or changes outside of the 30-day satisfaction period. If Info-Pro Consulting does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.
31. Billing Policy The initial website design set-up fee of $150.00 is due and billed in full for multiple page content projects at the time of the original sale($75.00 for single page project). (Installment payments may be accepted for the set-up fee only if agreed to in writing per the original invoice.) Virtual office charges my require a retainer fee equal to 5 times the standard hourly rate as an advance payment for services to be rendered. Annual hosting charges are due at the time of original sale. The Client hereby requests that Info-Pro Consulting renew and bill annual hosting fees thereafter, unless the Client cancels in writing after first annual hosting fees have been paid.
The amount of the initial design set-up fee and initial hosting fees are detailed on the original invoice or specific quote confirming amounts of sale. Hosting amounts may vary depending upon the hosting package selected by Client.
Info-Pro Consulting reserves the right to change prices at any time including hosting amounts and hourly design fees. All prices are in US Dollars (USD) without regard to fluctuations in foreign exchange rates.
Info-Pro Consulting accepts payment check, Pay Pal and credit card paid through Pay Pal
Info-Pro Consulting reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
32. Billing Disputes For a returned check or if Info-Pro Consulting does not receive payment in full when due, Info-Pro Consulting will at its descression terminate all work on clients project until payment is received. Info-Pro Consulting does not agree to, and will not honor, any limiting notations made by a Client on a check.
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. In the event that Client initiates a credit card dispute, ceases paying hosting fees or other fees due, Info-Pro Consulting, at its sole discretion, may suspend work on the website until the billing dispute has been resolved.
33. Termination/Cancellation of Services Info-Pro Consulting, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Info-Pro Consulting believes Client has violated the TOS. Info-Pro Consulting may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to Info-Pro Consultings services under any provision of this TOS may be effected without prior notice and that Info-Pro Consulting may deactivate or delete Clients account and all related information files. Client agrees that Info-Pro Consulting shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. Info-Pro Consulting may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to Info-Pro Consulting. Info-Pro Consulting also reserves the right to discontinue the designing of Clients website at any time, at Info-Pro Consultings sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Info-Pro Consulting.
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by Info-Pro Consulting.
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Clients hosting account does not constitute termination of the account. Client must notify Info-Pro Consulting in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Clients responsibility to secure confirmation from Info-Pro Consulting that the request for termination has been received and no further hosting fees will be billed.
Requests for cancellation of website hosting services or additional services should be sent to the following address:
Info-Pro Consulting, 1817 Cross Creek Dr, South Bend, IN 46628
Requests may be emailed. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
34. Cancellation Effective Date Client may terminate hosting services with 30 days written notice, after one full year of paid hosting. The effective date of cancellation is to be 30 days from the date of Info-Pro Consultings receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and Client agrees to pay.
If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes Info-Pro Consulting to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.
35. Cancellation Fee and Refund Policy WEBSITE DESIGN/DEVELOPMENT - Refunds of the fees paid for development of the website may be issued on accounts cancelled within 90 days of the initial sale and PRIOR to the completion of the website according to the following schedule:
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A $25.00 of the initial setup fee as a cancellation fee will be retained by Info-Pro Consulting on cancelled accounts even if no work has been started and no content yet submitted by the Client.
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A $50.00 of the initial setup fee collected as a cancellation fee will be retained by Info-Pro Consulting on cancelled accounts if work has been presented to the Client; or Info-Pro Consulting has made multiple attempts to work with the Client, and Client has not responded to those attempts.
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The total of the initial setup fee collected as a cancellation fee will be retained by Info-Pro Consulting and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Info-Pro Consulting. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.
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100% cancellation fee will be retained and NO REFUND will be issued by Info-Pro Consulting if Client cancels after 90 days from the initial sale.
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MINIMUM CANCELLATION FEE Client agrees that a minimum cancellation fee of 50% will be retained by Info-Pro Consulting on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate Info-Pro Consulting for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.
ENHANCEMENT SALES - A 100% cancellation fee will be retained by Info-Pro Consulting and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Info-Pro Consulting on all cancelled enhancement purchases if cancelled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Info-Pro Consulting if Client cancels after 90 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
HOSTING Client agrees that there is NO REFUND of hosting fees or additional services fees incurred or paid by the Client prior to cancellation date.
Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).
By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases Info-Pro Consulting, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Info-Pro Consultings officers, owners, members, agents and employees.
36. Account Transfer Requests for transferring the ownership of a website or hosting account from Client to a new owner must be completed in writing by both the current account owner and the new designated owner. The transfer is not valid until a signed request is received by Info-Pro Consulting in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of Info-Pro Consultings TOS by the new owner.
37. Info-Pro Consulting Proprietary Rights Client acknowledges and agrees that Info-Pro Consultings services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Info-Pro Consultings services.
38. Use of Client Information Client hereby agrees that any information or ideas submitted to Info-Pro Consulting by any means may be used by Info-Pro Consulting without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to Info-Pro Consultings Privacy Policy.
Client herby gives permission to Info-Pro Consulting to use samples or links to Clients custom website designed by Info-Pro Consulting for marketing and advertising purposes, including but not limited to, use in Info-Pro COnsultings online portfolio.
39. Third-Party Services From time to time third parties may offer services or software to Info-Pro Consultings clients, clients may request the use of third-party services or software, or Info-Pro Consulting may suggest the use of third-party services or software to its clients. Use of such third-party services will be at Clients own risk and subject to the terms and conditions of those third parties. It is Clients sole responsibility to ensure that the use of third-party services or software complies with third-party terms of use and licenses, these Terms of Service, and any and all applicable laws. Client assumes full responsibility for, and releases Info-Pro Consulting from, any and all liability associated with the use of third-party services or software. Info-Pro Consulting does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access Info-Pro Consultings services. Client also agrees that Info-Pro Consulting is under no obligation to provide Client with any enhancements, updates, or fixes to make Info-Pro Consultings services accessible through any third-party applications or services, including third party hosting services. Info-Pro Consulting is under no obligation whatsoever to provide support or service for websites hosted on third party servers.
40. Contract Service Providers Info-Pro Consulting may contract with Contract Service Providers to complete a portion, or all of the Info-Pro Consultings custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider. All payments for services rendered must be made directly to Info-Pro Consulting. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Clients website and do not have access to Clients personal information including payment information.
41. Disclaimer of Warranties CLIENTS USE OF INFO-PRO CONSULTINGS SERVICES IS AT CLIENTS OWN RISK. INFO-PRO CONSULTINGS SERVICES ARE PROVIDED AS IS. INFO-PRO CONSULTING DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. INFO-PRO CONSULTING DISCLAIMS ANY WARRANTIES REGARDING INFO-PRO CONSULTINGS SERVICES INCLUDING THAT THEY WILL MEET CLIENTS REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. INFO-PRO CONSULTING DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFO-PRO CONSULTINGS SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. INFO-PRO CONSULTING DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENTS PRODUCTS, SERVICES, SALES, OR WEBSITE. INFO-PRO CONSULTING DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH INFO-PRO CONSULTINGS SERVICES, OR LINKS PROVIDED BY INFO-PRO CONSULTINGS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY INFO-PRO CONSULTING OR OBTAINED THROUGH LINKS PROVIDED THROUGH INFO-PRO CONSULTINGS SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF INFO-PRO CONSULTINGS SERVICES ARE DONE AT CLIENTS OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENTS COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
42. Limitation of Liability CLIENT UNDERSTANDS AND AGREES THAT INFO-PRO CONSULTING, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF INFO-PRO CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE INFO-PRO CONSULTINGS SERVICES, RELIANCE ON INFO-PRO CONSULTINGS SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF INFO-PRO CONSULTINGS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH INFO-PRO CONSULTINGS SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENTS DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO INFO-PRO CONSULTINGs SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO INFO-PRO CONSULTINGS SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
Without limiting the foregoing, under no circumstance shall Info-Pro Consulting be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Info-Pro Consultings full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Info-Pro Consulting.
43. Tort Claims and Other Claims Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Info-Pro Consulting, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against Info-Pro Consulting in Clients individual capacity and not as a member of a class.
44. Indemnification Client agrees to defend, indemnify and hold harmless Info-Pro Consulting, its directors, officers, employees and agents from and against all claims and expenses, including attorneys fees that may arise or result from any content Client submits, posts, transmits or makes available through Info-Pro Consultings services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Info-Pro Consulting or from Clients breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Clients violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Info-Pro Consulting, its directors, officers, employees and agents from and against all claims and expenses, including attorneys fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Clients negligence toward third parties.
45. Notice Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.
Info-Pro Consulting Web Design 1817 Cross Creek Dr South Bend, IN 46628
46. Contact Client may contact Info-Pro Consulting at 574-273-8570 M-F from 8:30 - 5:00 EST. Client may visit our website at www.info-proconsulting.com at any time. Client may also email Info-Pro Consulting
47. Negative Comments/Slander Client specifically agrees not to engage in negative comments or slander regarding Info-Pro Consulting, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding Info-Pro Consulting in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition Info-Pro Consulting will be entitled to liquidated damages in the amount of $2,500.00 for each publishing or posting. If said breach occurs on an internet complaint site each hit to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, Info-Pro Consulting shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief. Info-Pro Consulting reserves the right to terminate any account for any negative postings made by the account owner or its representatives, or employees.
48. Severability; Waiver In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by Info-Pro Consulting to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.
49. Jurisdiction This agreement shall be governed exclusively by the laws of the State of Indiana, USA, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of Indiana. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Indiana, Counties of Indiana or South Bend, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise. Should there be a breach of this provision, the non-breaching party shall be entitled to an award of attorney fees.
50. Arbitration Notwithstanding the foregoing, in lieu of litigation, arbitration may be used as a means of resolving disputes. Arbitration would be through a neutral third-party arbitrator to be approved by both Client and Info-Pro Consulting. If any court sitting outside the United States determines that the litigation forum or arbitration provisions of this agreement are invalid, then and only then, the parties agree to settle any dispute through binding arbitration by three arbitrators, in the English language, under the commercial arbitration rules of the International Chamber of Commerce, with the location of the arbitration to be in a neutral jurisdiction (not the country of residence of the Client or of Info-Pro Consulting) as selected by Info-Pro Consulting.
51. Governance Info-Pro Consulting may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
52. Electronic Signatures Selecting and submitting accept on the electronic copy of the TOS, submitting content through the online web center, making payment, or submitting information or documents to Info-Pro Consulting so that Info-Pro Consulting may perform services for the Client.
53. Affiliated Companies, Name Change, Assignment of Servicing Info-Pro Consulting reserves the right to subcontract services or assign the ongoing servicing and/or hosting of your account or this entire Agreement to another party at its sole discretion. This agreement shall not be affected by any change in the name of Info-Pro Consulting and shall continue in effect thereafter in accordance with its terms.
54. General Information This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Info-Pro Consulting. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Info-Pro Consultings services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
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