Effective Date: Nov 08 2007

Welcome to Ocustruct which is located at Ocustruct.com (the "Website"). This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the Ocustruct.com Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the ocustruct.com service. Use of the Ocustruct.com Website constitutes your acceptance of and agreement to this TOS.
Ocustruct.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Ocustruct.com Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the Ocustruct.com Service. Your continued use of the Ocustruct.com Website following posting of a change notice or new TOS on the Ocustruct.com Website will constitute binding acceptance of the changes.

1. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance to regular webpages (not store product pages) over a two week period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Ocustruct attempts updating the client's pages, time to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time. The two week maintenance period commences upon the date the client's web site is officially published to the web and all monies paid.. Changes requested by the client beyond those limits will be billed at the hourly rate of $25. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own webpage editor. Website maintenance is only provided for websites made by Ocustruct

2. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate.

3. Web Hosting. The client understands that any web hosting services may require a seperate contract with a web hosting service. The client agrees to select a web hosting service which allows Ocustruct full access to the website and access to PHP/MySQL databases(if necessary). The client also agrees that if Ocustruct does not want to use the chosen hosting service, we reserve the right to change the hosting service used for the client.

4. Completion Date. Ocustruct and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than 60 Business days from Initial Approval and initial 50% of Total Project Fee Deposit Paid.
If the client does not supply Ocustruct complete text and graphics content all webpages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published.

5. Payment of Fees. Fees to Ocustruct are due and payable on the following schedule: 50% upon project approval, 50% when the webpages have been constructed and proofed according to the client's original written specifications unless other arrangements have been agreed upon. The web site will be published on the World Wide Web once all monies due are paid.

In case the client has not secured Web space on a web hosting service by the time the webpages are completed, the webpages may be delivered to the client on diskette or attached to an e-mail message. Advertising the pages to Web search engines and updating occur only after the final payment is made. PAYMENTS ARE ONLY ACCEPTED THROUGH PAYPAL

6. Assignment of Project. Ocustruct reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

7. Legal. Ocustruct does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will Joshua Wheeler - Webmaster (Ocustruct.com ) be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if Ocustruct has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

8. Copyrights and Trademarks. The client represents to Ocustruct and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Ocustruct for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Ocustruct and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

9. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Ocustruct and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

10. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by Ocustruct is owned by Ocustruct / Joshua Wheeler - Webmaster. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Ocustruct and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

11. Payment of fees. In order for Ocustruct to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days of the due date. Ocustruct reserves the right to remove webpages from viewing on the Internet until final payment is made. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency and the website will be "turned off from public viewing with a Splash Page stating that the web site is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then Ocustruct reserves the right to "turn off " the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This Agreement becomes effective immediately upon web site publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to Joshua Wheeler – Webmaster Ocustruct if they should arise.

12. Sole Agreement. The agreement contained in this "Web Site Design Agreement" constitutes the sole agreement between Joshua Wheeler – Webmaster Ocustruct, its subcontractors, and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 12 months after all parties sign this contract. Continued services after that time will require a new agreement.