SmartSite Terms of Service

Keda Industries LLC

Keda Industries SmartSite Terms of Service Definitions

1. “We”, “Our”, “Us” – “Keda Industries”, “MyKeda” (collectively “Keda”).
2. “You”, “Your”, “Yourself”, “Client” – the business, individual or legal entity applying for a Keda Smart Site.
3. “Agreement”, “Terms” – the entirety of the legal terms regarding the Keda Industries Smart Site Service.
4. “Total Due” – the entirety of financial compensation that must be paid to Keda for services rendered.
5. “Development Domain” – a temporary online address used for private building and creation of a Smart Site.
6. “Primary Domain” – a permanent online address for a completed Smart Site to reside.
7. “Completion Deliverables” – the entirety of information and materials necessary for the Client to manage and access their Smart Site. Including, but not limited to: Smart Site, hosting, and domain registrar login credentials.
8. “Good Faith” – a sincere belief or motive without any malice or the desire to defraud others.

1. SmartSite Fulfillment Process
   1. Total Due is received from You, as outlined in Section 5.
   2. The SmartSite Intake Form is completed by You and delivered to Us.
   3. Setup of a Development Domain occurs, if needed.
      1. If not needed, setup of the Primary Domain occurs.
   4. The SmartSite framework and demo materials will be installed on the Domain from Section 1.3.
   5. Branding/Logo(s), Content, Color Scheme, Links, and additional Supporting Media is implemented on the SmartSite.
   6. The SmartSite is reviewed with You and a list of requested changes is created.
   7. The agreed upon requested changes are implemented on the SmartSite
   8. The SmartSite is reviewed with You once more and a final round of agreed changes is performed.
   9. Transfer of the SmartSite to the Primary Domain occurs if the SmartSite is not already on Primary Domain.
   10. SmartSite Completion Deliverables are sent to You.
2. Pages to Build / Sitemap:
   1. Home
   2. Services
      1. Service 1
      2. Service 2
      3. Service 3
   3. About
   4. Testimonials
   5. Contact
   6. Privacy Policy
   7. Terms of Use
   8. Sitemap
3. Website Content, Media, and Materials:
   1. Client is responsible for supplying net-new and accurate website content, media, and building materials to be used on the website. Resources for these services can be provided upon Client’s request. Failure to provide these materials in a timely manner may result in extension of the project completion.
4. Color Scheme:
   1. Unless provided by Client, Keda will use their best discretion when picking a color scheme based on other provided materials (i.e. Branding, Logos, and Supporting Images)
5. Payments & Fees:
   1. Hard Costs
      (These are to be covered by Client, separate from the “Total Due” below, and can be purchased from https://host.keda.industries/ or from a variety of other reputable companies, such as: GoDaddy, GreenGeeks, or HostGator.)
      1. Hosting
      2. Domain Name
   2. Payment Options
      Payments are processed via PayPal Online Payment Platform, Check-by-Mail, or by Cash Payment. The Total Due is to be paid prior to beginning work on the project. If unable to pay the Total Due, please contact your Keda Industries Smart Person to discuss additional payment options.
   3. Total Due = $1,495.00 (USD)
6. Disclaimer
   1. Services and/or prices in this article are deemed accurate as of the “Last Revision Date” stated below and are subject to change at any time. We do not guarantee results for Client. All services rendered by Us for Client are in Good Faith and are non-refundable. Additionally, the repurposing of any existing content and/or media from Client is done by Us with express authorization from the Client. We are not to be held liable for any legal repercussions due to the use of said content and/or media.
7. Confidentiality
   1. All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
8. Indemnification
   1. You hereby agree to indemnify and hold harmless Keda and Our subsidiaries and Affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorney’s fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on;
      1. any claim that Keda infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,
      2. any misrepresentation of a representation or warranty or breach of a covenant and agreement made by Keda herein, or
      3. any claim related to Keda’s site(s), including, without limitation, its development, operation, maintenance and content therein.
9. Governing Law
   1. The laws of the United States and the State of Washington will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state court located in Clark County, Vancouver, Washington and You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of Keda. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Failure to enforce Keda’s strict performance of any provision of this Agreement will not constitute a waiver of Our right to subsequently enforce such a provision or any other provision of this Agreement.

Last Revision Date: December 13th, 2019