You may submit payment to begin a project for which you wish to engage R.stoeber Group LLC, or submit progress payments for any ongoing project, by clicking the "Pay Fees" button at right. Payments are accepted by credit or debit card, or by using your PayPal account.
By clicking the link at right and submitting a payment you acknowledge that you have read the following basic terms and conditions; that you agree to be bound by the following; and, if you are making this payment on behalf of a company, that you have the authority to make the payment and act on behalf of your company to enter this Agreement and engage R.stoeber Group LLC in a project. Please print a copy of this page for your records.
"Client" as used below means the person and/or company submitting a payment to R.stoeber Group LLC for consulting, programming, Internet hosting, or other services.
"Client Information" means the software and data, business plans, marketing materials, and other information provided to R.stoeber Group by Client, or authorized representatives of Client.
All information, including but not limited to Client Information, provided to R.stoeber Group by Client shall remain the property of Client. In addition, all analysis, plans, software and documents prepared for and delivered to Client by R.stoeber Group shall become the property of Client upon delivery.
All right, title and interest in and to any work product, including but not limited to computer software, artwork, documentation, systems, data, business plans, market information, and advertising materials, developed for and delivered to Client by R.stoeber Group during this engagement, including all rights in copyright that may subsist therein, shall be held by Client, and all such work product shall be considered works made for hire.
R.stoeber Group agrees to employ due care and attention in the handling of Client Information. Client hereby acknowledges that data processing entails the likelihood of some human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, Client agrees that R.stoeber Group SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, OMISSIONS, DELAYS, OR LOSSES UNLESS CAUSED BY R.stoeber Group's WILLFUL MISCONDUCT.
During this engagement Client will provide all documentation, data and other materials reasonably requested by R.stoeber Group to properly fulfill its obligations in a timely manner. Client shall review all information, analysis and recommendations provided by R.stoeber Group. Client acknowledges that it alone is in a position to evaluate the impact on its business of any decisions or actions related to this project and hereby accepts sole responsibility for: 1) the use and distribution of any information or software provided by R.stoeber Group; and, 2) the adoption of any recommendations made by R.stoeber Group.
R.stoeber Group MAKES AND CLIENT RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT; AND R.stoeber Group SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL R.stoeber Group BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND/OR PUNITIVE DAMAGES BASED ON R.stoeber Group's WORK FOR CLIENT PURSUANT TO THIS AGREEMENT. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF R.stoeber Group FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER EXCEED THE TOTAL CHARGES PAID TO R.stoeber Group DURING THE PRECEDING 30-DAY PERIOD, EVEN IF R.stoeber Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
Client hereby indemnifies and agrees to hold harmless R.stoeber Group, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from and against any claims, demands and actions, and liabilities, damages, or expenses (including reasonable attorneys' fees) arising from or attributable to: 1) R.stoeber Group's reports, analysis and recommendations; 2) Client's use or misuse of the information contained in such reports, analysis and recommendations; 3) software, Web sites and databases developed for Client during the course of this project; 4) Client's violation of this Agreement; 5) Client's violation of any laws, regulations or rights of another; 6) delays in the completion or delivery of the project(s) for which R.stoeber Group has been engaged.
Client Information shall be treated as confidential information and shall not be disclosed to any third party without the express written consent of Client, except as may be necessary to fulfill a judicial or government request, requirement or order.
R.stoeber Group may indicate in its marketing and promotional materials that Client is one of R.stoeber Group's customers, including making a link on R.stoeber Group's own Web site to any publicly available Web site of Client.
R.stoeber Group shall be and at all times remain an independent contractor for Client. Nothing contained herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties. R.stoeber Group shall have no authority to bind Client in any way without Client's prior written authorization.
Except as expressly provided in this Agreement, Client shall not be liable for any debts, accounts, obligations or other liabilities whatsoever of R.stoeber Group, including, without limitation, R.stoeber Group's obligation to withhold Social Security and income taxes for itself and any of its employees.
For new projects, this Agreement shall be effective as of the date payment was submitted and shall continue until terminated by Client or R.stoeber Group. R.stoeber Group may cease working on a project, and terminate this Agreement in the event Client fails to pay any invoice submitted by R.stoeber Group.
This Agreement shall be governed by the laws of the state of Utah. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover costs, including reasonable attorneys' fees.
Last revised: February 16, 2009