Truepath Template and Webmastering Terms of Service

This agreement covers Terms and Conditions of Truepath website template and webmastering Sale and Service between Truepath and a Truepath hosting subscriber here after referred to as Subscriber.

Template Warranty:
Truepath uses best practices in their development of its templates.  They are made available AS IS.  Truepath does not warrant that templates are free from defect or render as intended in all Internet browsers.

THERE IS NO WARRANTY FOR TRUEPATH TEMPLATES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  TRUEPATH PROVIDE WEBSITE TEMPLATES "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF TRUEPATH TEMPLATES IS WITH SUBSCRIBER.

Copyright and Trademarks:
Subscriber unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Truepath for inclusion in the web design project are owned by the Subscriber, or that the Subscriber has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Truepath and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

License and Usage Rights:

Free Templates:

Free templates offered under this agreement are produced and owned by Truepath.  Subscriber is granted unlimited and unrestricted usage rights including the right to add, modify and/or delete template code so long as Subscriber is an active Truepath hosting subscriber and their account balance is current.  If the Subscriber fails to make hosting service payments, Truepath may, at its discretion, withhold usage rights.  If Subscriber cancels their hosting services with Truepath, a usage fee may apply.  See the section titled “Cancelation” in this agreement for more information.

The Truepath citation and link below the template footer of free templates must remain.  Subscriber may not remove this citation and link.  Removal of Truepath’s citation or link is a violation of this agreement.  If Subscriber removes the Truepath citation or link, Subscriber agrees in advance and, at Truepath’s sole discretion, to accept a charge of $29.00.

Fee-Based Templates:

Fee-based templates offered under this agreement are produced and owned by Truepath.  Complete ownership of fee-based templates is transferred to Subscriber upon payment and collection of fees.  Subscriber may, at their sole discretion, add, modify and/or delete template code without restriction.

Joomla Core and Core Templates:

Joomla core code and the website templates that are included with the core code are free, open, and available to anyone under the GPL license.

Truepath Joomla Website Leasing Program:
Truepath’s Joomla Leasing Options involve four different works:

• Joomla core – This item is covered by Joomla’s GPL license.
• Joomla templates not included in the Joomla core – This work is covered by the terms and conditions of the template owner.
• Website Configuration including Joomla configuration, template modifications and formatting. – Truepath retains ownership of this work.  Subscriber is granted unlimited and unrestricted usage rights so long as Subscriber is an active Truepath hosting subscriber and their account balance is current.  If the Subscriber fails to make payments in accordance with the terms of this agreement, Truepath may, at its discretion, withhold user rights to website configuration work performed by Truepath.  If Subscriber cancels their hosting services with Truepath, a usage fee may apply.  See the section titled “Cancelation” in this agreement for more information.
• Website content. – Ownership of website content is retained by the Subscriber.  Website content is the sole responsibility of the Subscriber.  Reprinting or plagiarizing copyrighted content is strictly prohibited without the expressed permission of the owner.  Further, Subscriber hereby AGREE TO INDEMNIFY AND HOLD HARMLESS TRUEPATH from any loss, liability, damage or costs, including court costs and attorney's fees, that may incur due to Subscriber’s content, WHETHER CAUSED BY NEGLIGENCE or otherwise.  Subscriber further agrees to conform to Truepath’s terms of service relating to acceptable content.

Accrual of Webmaster Hours:
This section applies to Truepath’s Joomla Website Leasing program only.

Accounting

Webmastering work performed by Truepath shall be accounted for in 15-minute increments.  For example, a task requiring 10 minutes will be accounted as 15 minutes of webmastering work.  Likewise, 20 minutes of work shall be accounted as 30 minutes of webmastering work.

Accrual Method

Truepath webmaster hours are accrued every three (3) months on the anniversary date the first payment was received and in an annual amount defined in the order form divided by 4.  For example, 4 hours of webmastering time per year is equal to 4/4 = 1:00 (one hour and 00 minutes) every 3 months.  Likewise 6 hours of webmastering time per year is equal to 6/4 = 1:30 (one hour and 30 minutes) every 3 months.

Webmaster hours accrued within the previous 4 periods of time but not used shall roll over and be added to the next 3-month period.  Webmaster hours accrued outside of the previous 12 months expire and are void.

Webmaster work performed by Truepath beyond that of the accrued hours shall be billed at Truepath’s prevailing webmaster rates.

Assignment:
Truepath retains the right to assign ownership and/or support of its templates to a third party without the consent or advance notice of Subscriber.  Subscriber may assign ownership of purchased, fee-based templates to a third party without the consent or advanced notice of Truepath.

Cancelation:
If a Subscriber cancels their hosting subscription with Truepath, cancelation fees in accordance with the following schedule shall apply:

Note: Usage for a partial month is considered as full month usage for the purposes of cancellation fee calculations.

Subscriber agrees and grants advanced permission to Truepath to charge Subscriber’s credit card for all cancellation charges in accordance with the above cancellation schedule.

Payments:
All payments will be made in US dollars (USD).  Payments due shall be added to Truepath billing system.  Subscriber shall maintain current billing information and email address.  Truepath reserves the right to suspend hosting services for webmastering fees past due by more than 15 days.

Disputes:
Jurisdiction over any disputes arising under or pertaining to this agreement or to the services rendered by Truepath pursuant to this agreement will be limited exclusively to the Judicial Arbitration & Mediation Services, Inc. (JAMS) of San Diego, California. The decision of the arbitrator shall be final. Each party shall be responsible for his or her Attorneys’ fees associated with arbitration.

This Agreement:
This agreement constitutes the sole agreement between Position Research and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months after both parties sign this contract. Continued services after that time will require a new agreement.