Custom WebExpress™ Subscription Agreement

The following subscription agreement and NextClient’s Acceptable Use and Service Guidelines govern your use of NextClient’s Custom WebExpress™ service.

LICENSE FOR LIMITED USE OF WEBSITE

Upon subscription to a Custom WebExpress website, you will be granted a nontransferable, limited license to update, use, and maintain that website via the CWEpro™ Website Management and Hosting System. All Custom WebExpress websites are hosted on NextClient servers. You acknowledge that NextClient retains all rights to the website designs, programming, codes, software and applications associated with Custom WebExpress websites and CWEpro Website Management and Hosting System.

All imagery and fonts used in our website designs are licensed, royalty-free stock photos and are integral part of our products. Limited usage license gives you the right to use images and fonts only as a part of the website you selected. Separate usage or distribution of these photos is prohibited.  From time to time, we may allow you to submit for substitution your own images, i.e. photographs, graphics and/or logos. Such image substitution and other design modifications may be subject to an additional graphic design fee and does not constitute “work for hire.”  You represent that you own the proprietary rights to, or are otherwise permitted to use the images submitted by you.  You retain all rights to your images. NextClient shall not separately use, or distribute your images. 

The license to view, update or access your Custom WebExpress website ceases upon the non-renewal or cancellation of your subscription.

You are authorized to make necessary modifications to the particular website you subscribe to in order to suit your purposes, subject to NextClient’s Acceptable Use and Service Guidelines. Removing or altering the copyright notice of NextClient as it appears on such website is expressly prohibited.

During your subscription to a website, that particular website design shall be licensed exclusively to you and may not be resold by either you or NextClient. In the event that your subscription to a website is terminated for any reason, NextClient retains the right to resell the website design at their discretion.

You may utilize up to one hundred (100) website pages, or up to a maximum of one hundred (100) megabytes, on your website. You may transfer up to two (2) gigabytes of content or information to your website on a monthly basis.

Additional custom work to any Custom WebExpress or Template WebExpress site requested by you and performed by us, including but not limited to graphic design and programming, does not constitute work for hire.  All rights associated with ownership of the website design, HTML and other codes remains with NextClient regardless of any custom changes made to the website.

DURATION OF SUBSCRIPTION

Subscriptions to Custom WebExpress and Template WebExpress are on a monthly basis. Monthly subscription to Custom WebExpress is on a continuous service basis; this means that once you receive access to your website by obtaining a username and password, billing begins and your subscription will automatically renew based on a 30-day billing cycle, until you tell us to cancel pursuant to the cancellation policy below. 

Prepaid, annual subscriptions may also be offered at a discounted rate.  Annual subscriptions terminate one year from the date of subscription and may not be cancelled prior to end of the annual subscription period.  You will receive a renewal notice prior to the end of your annual subscription period.

EXCHANGING WEBSITE DESIGNS

You are permitted to exchange your design choice for another Custom WebExpress design choice at any time. One design exchange within the first thirty (30) days of subscribing will be free of charge. Design exchanges made after thirty (30) days of subscribing, or more than one design exchange within the first thirty (30) days of subscribing will be charged at the rate of $99.00 per design exchange and will be billed in the month in which the design exchange occurs.

E-MAIL ACCOUNTS

Subscription to a Standard Package website includes up to fifteen (15) e-mail accounts for Custom WebExpress and five (5) accounts for Template WebExpress. Up to fifty (50) megabytes per e-mail account is allotted. Additional e-mail accounts and/or storage space is available upon request at an additional charge.

Use of e-mail accounts is subject to Section 4 of NextClient’s Acceptable Use and Service Guidelines governing the use of e-mail. Please review these guidelines carefully.

UNAUTHORIZED USE, ASSIGNABILITY AND OWNERSHIP

Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using any products, services or materials retrieved from NextClient. You may not publish, broadcast, sell or otherwise redistribute these products, services or materials for commercial purposes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or any way, exploit, in whole or in part, any of the products, services or materials, except for modifications to the particular website you subscribe to in order to suit your purposes.

Archiving of NextClient material may only be done for the purposes of complying with advertising rules as set forth by State Bar requirements. Archived NextClient materials may not be printed for distribution or posted electronically, or published in any medium. You must obtain the consent NextClient to reproduce these materials by photocopying, electronic transmission, or otherwise in any way or form not specified in this Subscription Agreement.

All rights, title and interest (including all copyrights and other intellectual property rights) in the products, materials and services provided (in print or machine-readable forms) belong to NextClient. You acquire no proprietary interest in the products, services, materials, or copies thereof.

ACCESS TO SERVICES

Only individuals authorized by NextClient may access and use the online services provided by NextClient.

NextClient requires that you disclose every URL address on which the products, materials and services will appear.

Products, materials and features may be added to or withdrawn from the online services and the online services may otherwise be changed without notice.

TERMINATING YOUR SUBSCRIPTION – CANCELLATION POLICY

NextClient reserves the right to change this subscription agreement from time to time. Charges and payment terms may be changed in accordance with the applicable price schedule. All other provisions may be changed by NextClient immediately upon notice. Continued use of the services and materials following any change constitutes acceptance of the change.

NextClient may suspend or discontinue providing services and materials to you without notice and may pursue any remedy legally available if you fail to comply with any of your obligations hereunder.

You may terminate a monthly subscription to the products, services and materials by providing notice to NextClient in writing or by e-mail. Notice of the intent to terminate must be received by the 15th of the month preceding the month of termination. Notice of the intent to terminate received after the 15th of the month will be processed for termination the following month, with actual termination effective the month following. Set-up fees and yearly subscriptions are not refundable in whole or in part unless technical difficulties arise to the extent that service cannot be established.

If the credit card on which you have requested billing expires, exceeds your maximum limit of credit, or is rejected by the card issuer for any reason, NextClient will notify you by e-mail, paper invoice or telephone and will attempt to process the transaction within a reasonable period of time. If the charge is rejected by the card issuer again, you will receive notice. You may provide information and authorization to charge another credit card, or speak to customer support about an alternative method of payment.

Except as otherwise provided herein, all notices and communications hereunder shall be in writing or displayed electronically. Notices shall be deemed to have been properly given on the date deposited in the U.S. mail, if mailed; or on the date first made available, if displayed electronically. Notices to NextClient must be sent to:

NextClient.com, Inc.
Attn: Customer Support
25012 Avenue Kearny
Valencia, CA 91355
Telephone: (818) 550-8989
Facsimile: (818) 550-8980

Or by e-mail to: support@nextclient.com

30 DAY MONEY-BACK GUARANTEE

Custom WebExpress(tm) includes a 30-day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus domain name registration fee and custom graphic work) if you cancel your account within 30 days of the activation of your account.

The 30 day money back guarantee does NOT apply to Domain Name Registration or Custom Graphic Design Services.  Domain Name Registration is NOT refundable. Once you purchase your Domain Name, you are its owner and it can not be "returned" until the duration of the domain term has expired.

All requests for cancellation must be made in writing and sent to NextClient via U.S. mail or email to support@nextclient.com.

LIMITED WARRANTY

The products, services and materials provided by NextClient are provided "as is" and without warranties of any kind, either express or implied. NextClient disclaims all warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

NextClient does not represent or warrant that any of the information and resources presented on its web pages, its subscribers' websites, or on the internet generally, will be uninterrupted or error free, that defects will be corrected, or that the services and materials provided or the server from which it is accessed are free from viruses or other harmful components.

LIMITATION OF LIABILITY

In no event shall NextClient be liable for any costs or direct, indirect, special, incidental or consequential damages arising out of or in connection with the use of, or the inability to use the materials and services. In no event NextClient's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for subscription.

MISCELLANEOUS

The failure of NextClient to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or the right to enforce it at a later time.

The subscribing organization or individual may not assign its rights or delegate its duties under this agreement to access the materials and services without the prior written consent of NextClient.

This agreement shall be governed by the laws of the State of California. In the event that an action at law or in equity should arise, you hereby consent and agree that such action may be filed only in the state and federal courts located in the County of Los Angeles, in the State of California, and you hereby consent to personal jurisdiction of such courts for the purposes of adjudicating any such action. If any provision (or portion thereof) of these terms and conditions shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provision shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this agreement (including, without limitation, each portion of these terms and conditions containing any provision held to be invalid, void, or otherwise unenforceable that is not itself invalid, void, or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void, or unenforceable.

The foregoing terms shall survive any termination of your right to access to the services, products and materials.