PHAT Web Solutions

TERMS AND CONDITIONS

PHAT Web Solutions specializes in high quality website design and commercial website submission,
specialist optimization and promotion. With a dedicated team of professionals and the latest technology
we continuously endeavor to deliver the highest standards for all of our services.

PHAT Web Solutions agree, subject to contract to produce websites and provide associated services
where reasonably possible and depending on the written agreement, order form and/or checklist, agree
to optimize, submit and promote (subject to package) its client’s websites and URL addresses on specified
major Global Internet search engines.

Our standard terms of payment for website design and production are; payment for domain and host up
front followed by 100% payment for services on completion. *Note: payment must be received within 10
days upon completion to guarantee accessibility to your site. In the case of customer self-management or
alternative hosting, final transfer of files and access codes will take place once final payment has been received.

In the event of requested changes being made to the original signed order or verbal confirmation of the said order
with our design and development department representative. It is the sole responsibility of the client to supply all
text and images unless specifically agreed in writing, charges may be incurred at the discretion of the company
if changes to the confirmed order or additional work are requested by the client or any of the clients representatives,
this includes the time for sourcing and or acquiring data/images, it is also the sole responsibility of the client to
ensure that all images and data are free from copyright, in any event the company reserves the right to cancel
any order at any time should it deem appropriate or necessary.

It is agreed that for a minimum of twelve months (subject to contract) PHAT Web Solutions will provide website
hosting and URL submission, optimization and search engine placement services, including research, advice and
consultation on behalf of its clients, provided all monies due are settled in full and/or all payment plans or monthly
subscriptions are up to date.

Once an order has been placed and processed it may not be cancelled. Should there be any need for changes
to be made to websites, information, programming or coding on the website due to errors or a legitimate request
by the customer to do so, this may be done at any time, as long as the provisions of the overall agreement are
adhered to, however no refunds will be given.

Every effort is made to ensure that the information programmed or posted on its client’s website is correct.
In the case of errors being made, we will endeavor to correct the situation, as quickly as possible from the time
of being made aware of it. We will not be held liable or responsible for any losses as set out in the Limitations
of Liability section of these terms.

Any outstanding invoice payments must be paid by the payment due date or before, unless agreed in writing.
Failure to adhere to the payment terms set out in the original agreement will incur additional costs and interest
charged at 8% per month over and above the standard Charter One Bank N.A. base rate and may involve the
termination of services until the account is put in order.

All agreements which are due payable by standing order must run for a minimum of 12 months unless
otherwise agreed in writing.

PHAT Web Solutions will continue to provide the hosting and web promotion service during and over
and above the minimum period, for the originally agreed standing order charge, while the standing order
remains in place. Should the customer no longer wish to continue with the service, it shall be the sole
responsibility of that customer to notify us in writing three months prior to the required termination date,
and cancel the standing order after the minimum period lapses. (No refunds shall be given).

PRIVACY POLICY

PHAT Web Solutions and its associates will not and do not use any personal information held, outside
of the remit of normal internal trading practices. All personal customer information is confidential and
considered classified; we do not, and will not pass on your personal information to any persons,
organization, company or research body whatsoever, outside of our own organization or associated
companies.

From time to time we may contact you regarding any promotions we may be running or to discuss renewals,
upgrades or any other marketing initiatives that we feel you may be interested in.

DISCLAIMER

The services offered and given are made available by PHAT Web Solutions. PHAT Web Solutions and
its direct associates own legally and beneficially all the intellectual property rights and content of all PHAT
Web Solutions web pages including the software, graphics, design and text, used therein. Such intellectual
property rights include, without limitation, copyrights and database rights, by visiting or using this site no
licenses or rights are given or granted.

The service provided by PHAT Web Solutions is offered and given on agreement of the following;

By agreeing to or using any part of the services of PHAT Web Solutions, you agree to be bound by
the following conditions of use. If you do not wish to be bound by these conditions, you must not
enter into agreement with or use the services of PHAT Web Solutions.

Where reasonably possible, PHAT Web Solutions endeavors to ensure the accuracy of the information
provided and sent for submission or optimization, however we do not warrant accuracy or guarantee the
reliability of any information used in the service. (In the event of errors, we will endeavor to rectify and
correct the situation as quickly as possible, from the time of being made aware of the situation).

We reserve the right, at our discretion, from time to time to make changes to the information submitted
provided it is, in our opinion in the best interest of the client. However you are advised to check the
information provided to you and via the Internet on a regular basis. Any reliance that you place on
the accuracy of that information is at your own risk; we do not under any circumstances guarantee the
levels of success or response of any visitors that may visit your website.

We will not be liable under any circumstances whatsoever for any consequential, direct, indirect punitive,
or special damages arising from the use of any of our services or while being transferred to any other
site via links of any kind.

All users of PHAT Web Solutions services do so at their own risk and take full responsibility for any
consequences, which may arise, from using its services or accessing any of its websites.

LIMITATION OF LIABILITY

Under no circumstances will PHAT Web Solutions any of its directors, employees, agents, shareholders,
direct associates, sponsors or any other party involved in the design, research, programming or production,
submission, maintenance or optimization of information, be liable for any direct, indirect or consequential
damages, or incidental damage, including but not limited to, loss of business, goodwill, profits, savings or
anticipated savings or any other intangible losses whatsoever that result from any of the following;

Errors, omissions, mistakes, interruptions, deletion of e-mail or files, suspension, delays in operation transmission
or service response time, termination, defects, viruses or any failure of performance or services with and in respect
to PHAT Web Solutions including, without limitation those arising from communications failure, destruction
due to unauthorized access of systems, programs and services, theft or acts of God.

The use of and reliance upon the services of PHAT Web Solutions or the inability to use search engines,
directories or websites. Products or services offered, services or goods and merchandise received through
or advertised via PHAT Web Solutions serviced websites or URL addresses, and products and
merchandise, services or goods received through or advertised via any links or connectivity of any kind.
PHAT Web Solutions will not be held responsible for any breaches of copyright which relate to data, images,
products or services, it is the sole responsibility of the client to ensure that there are no breaches of copyright
or patent of any kind.

Information received or advertised via PHAT Web Solutions, serviced and optimized websites, pop-ups
and transferred information received or advertised via links of any kind.

PHAT Web Solutions will not guarantee or be liable for any information, data or materials whatsoever
which are downloaded or transmitted over the Internet from its own or its client's websites including
serviced or optimized websites. We are unable to ensure the security of any information transmitted over
the Internet and attempts to do so are carried out at the users own risk. PHAT Web Solutions and its
associates shall not be held responsible in any way, shape or form, or be liable for any damages or injury
that may transpire as a result of such actions.

DISCLAIMER OF REPRESENTATIONS & WARRANTIES

PHAT Web Solutions and its associates undertake to ensure where reasonably possible that the
information and any programming made available for submission or optimization is accurate and correct,
however we do not warrant any of the content nor do we ensure any fitness, which may be implied.
We do not guarantee that PHAT Web Solutions hosting facility, it's serviced or optimized websites
will be uninterrupted or completely error-free, furthermore we cannot ensure or guarantee in any way
that the PHAT Web Solutions hosted, serviced or optimized websites or main computer server or other
servers are free from viruses, harmful components or any interference by unauthorized users or hackers.
It is the sole responsibility of the owner, administrator or site user to protect his or her own systems against
such situations.

In the case of Website Submission Packages, PHAT Web Solutions will submit its clients Website
and URL details to the Search Engines. However PHAT Web Solutions it's directors, employees,
agents, shareholders, direct associates, sponsors or any other party involved with the research, programming
or production, submission, maintenance or optimization make no Guarantee that any Search Engine will
actually index the clients Website, it's URL or any of it ‘s details. It is the decision of the Search Engines and
their operators and at their sole discretion, whether or not the site is actually indexed once it has been submitted.

PHAT Web Solutions, its directors, employees, agents, shareholders, direct associates, sponsors or any other
party involved with the research, programming or production, submission, maintenance or optimization of
information will not liable or responsible for any oral implication, representation or warranty or condition
inferred or implied.

PHAT Web Solutions agrees to promote and submit its client's websites to the search engines. Assurances
of search engine position and ranking may be given, however PHAT Web Solutions and its directors,
employees, agents, shareholders, direct associates, sponsors or any other party involved with the research,
programming or production, submission, maintenance or optimization of information will not be liable for,
and cannot guarantee that for reasons beyond their control these positions will be maintained. Positions may
periodically drop down or not appear on a particular search engine at any given time.

In the event of any reduction in ranking performance or loss of placement PHAT Web Solutions will endeavor
to rectify the situation to the best of their ability and as quickly as possible. PHAT Web Solutions, its
directors, employees, agents, shareholders, direct associates, sponsors or any other party involved with
the research, programming or production, submission, maintenance or optimization of information will not
be liable in any way for any direct, indirect or consequential damages, or incidental damage, including
but not limited to, loss of business, goodwill, profits, savings or anticipated savings or any other intangible
losses whatsoever that result from a reduction in ranking, performance or loss of placement.

PERMITTED USES

No materials, programming, coding or content belonging to PHAT Web Solutions, its own websites or its
serviced or optimized websites, may be changed, adapted, copied, reproduced, republished, downloaded,
uploaded, transmitted, posted, stored or distributed in any way.

We wish to make it abundantly clear that it is expressly prohibited without limitation, to use the service
or its content for;
Any unlawful purpose that is likely to bring PHAT Web Solutions or any of its directors, employees, sponsors,
clients or associates into disrepute. Sending messages or any form of communication, which may be obscene,
indecent, menacing, threatening, abusive, offensive, or potentially libelous in any way. Data for redistribution,
sale of, compilation of databases, lists for business uses such as marketing, e-marketing or any business or
research activity of this nature whether directly or indirectly.

TRADEMARKS

PHAT Web Solutions is a registered trademark and trading name. Any attempts to utilize, pass off,
pertain to be, or aspire to be associated with this organization without authority in the form of prior written
permission from the Managing Director will result in legal action being instigated. Any other trademarks,
company names, logos etc. situated on or within the site are the property of their respective owners.

JURISDICTION AND GOVERNING LAW

All of the above conditions shall be governed by and construed in accordance with Common Law.
PHAT Web Solutions are registered in the United States of America and as such Common Law applies.
The PHAT Web Solutions website and its services may be accessed and utilized from outside of the USA.
Laws may differ outside of the United States Jurisdiction, all clients, visitors or users of its sites or services
from all countries, agree and acknowledge that by accessing the sites or using any of the services, they
do so knowing that Common Laws apply, while doing so visitors and users must respect, and are solely
responsible for, complying with the local laws of their own territory.

NOTE

The term “Serviced” is often used, for the avoidance of doubt this means websites or URL addresses
which have been submitted, optimized or being maintained by PHAT Web Solutions.
“Standard Designed Web Sites” are based on PHAT Web Solutions Templates using existing web
page/style templates previously created by the PHAT Web Solutions development team.
“Tailored Designed Web Sites” are based on a design concept produced by PHAT Web
Solutions, once the overall concept has been agreed the design will then be carried forward
throughout the web site, any changes to this concept or what has been agreed whether written
or verbal will be classed as additional work and will be charged accordingly.
“Client Designed Web Sites” are based on a design concept and instruction produced and
given by the client, client designed projects will be charged at $225.00 per page + Tax.
Charges for additional work or requested changes will be at the rate of $59.95 per hour + Tax,
unless otherwise agreed in writing by a Director or Development Manager.