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Bandicoot Marketing Hosting & Care Plans Terms & Conditions
Terms and Conditions – Website Hosting
Bandicoot Marketing LLC (“Service Provider”) will provide the services described in any applicable order (the “Services”) that is placed by you (the “Client”) (through our website or otherwise in writing) and accepted by Service Provider (an “Order”), subject to and conditioned on your compliance with the following Terms and Conditions.
These Terms and Conditions are subject to the terms of the applicable Order and to the Website Hosting Addendum attached hereto, each of which is incorporated herein by this reference. The Order, these Terms and Conditions, and the Website Hosting Addendum are sometimes referenced herein collectively as the “Agreement”.
The definitions and rules of interpretation in this Section apply in this Agreement.
Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement (excluding payment obligations) if such delay or failure result from events, circumstances or causes beyond its reasonable control (including any industrial dispute affecting any third party, governmental regulations, pandemic, fire, flood, disaster, civil riot or war). In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for [90 days], the party not affected may terminate this Agreement by giving 10 days prior written notice to the affected party.
Except as expressly provided herein, no party shall make, or permit any person to make, any public announcement concerning the existence, subject matter or terms of this Agreement, the wider transactions contemplated by it, or the relationship between the parties, without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including any relevant securities exchange), any court or other authority of competent jurisdiction.
Neither party shall assign, transfer, or pledge any of its rights and obligations under this Agreement, in whole or in part, without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Service Provider may engage third parties to provide or enable elements of the Services, provided that the Service Provider is responsible for the performance of such third parties.
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or does confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of this Agreement.
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Georgia. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted in the federal courts of the United States or the courts of the State of Georgia, in each case located in the County of Cobb, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
WEBSITE HOSTING ADDENDUM
The following additional terms and conditions apply to website hosting Services:
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Document Name: Bandicoot Marketing Hosting & Care Plans Terms & Conditions
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