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Lease
This lease is made in duplicate between:
Aquilifer Web Design
3 McConkey Crescent,
Unit 8,
Brantford, Ontario N3S 6P8
hereinafter known as the Lessor, and
______________________________
______________________________
______________________________
______________________________
hereinafter known as the Lessee.
Website
For reasonable consideration set out below, the Lessor
agrees to create on the behalf of the Lessee, a website to
which there shall be affixed the Lessee’s business address,
business name, and telephone numbers. Such website shall be
hosted by the Lessor or his agent, at a domain name chosen
at his sole discretion, and shall contain pages of content
similar, if not identical to http://www.canada-flowers-shop.com
, as to graphics, copy, catalogue or part numbers, prices
and internal HTML code. Such website
- will be updated in a timely fashion with respect to
major seasonal marketing periods, namely
i. Valentine’s Day
ii. Easter
iii. Mother’s Day
iv. Christmas and New Years
v. Autumn
vi. Other seasonal marketing periods
- will be updated in a timely fashion with respect to
products which may be from time to time added, deleted,
or amended
- will contain the Lessee’s business name, address,
postal code and telephone numbers
- will contain prices assigned and modified by the
Lessee at the Lessee’s pleasure.
- will contain comments of the Lessee which the Lessee
may or may not add to the pages of the website at his
pleasure.
- will be updated with respect to programming code,
meta tags, HTML, or other changes occasioned by the W3C
or good Internet practice
- will contain instructions to the Lessee as to how to
modify prices and add comments to pages.
as from time to time deemed prudent and advisable by the
Lessor at his sole discretion. The Lessor also confers a
non-exclusive license to the Lessee.
Ownership
The Lessor shall at all times retain copyright,
ownership and control of :
- the domain name(s) used for the website, and the
hosting space upon which the website resides.
- the copyright of all text, content, graphics,
design, layout and artwork, save and except the comments
and prices added or modified by the Lessee.
- the selection of graphics, artwork, catalog numbers
representing the products for sale which are shown on
the website
- the choice of which seasonal products and their
catalogue numbers are offered for sale
- the number of website pages, their sequence, order,
presentation, labeling and linking
which may from time to time may be altered, amended or
deleted at Lessor’s sole discretion
Purpose of Lease
The purpose of this lease is to enable the Lessee,
in exchange for the stipulated rent, to enjoy additional
sales from the Internet.
Lessor’s Responsibility
To facilitate and maximize the amount of such sales, the
Lessor agrees and covenants with the Lessee to apply his
best efforts and skills to achieve First Place search engine
ranking with Google for the website leased by the Lessee.
The search words which lead to such first place ranking are
to be chosen by the Lessor. Inasmuch as the Internet
and the algorithms of the major search engines are beyond
the control of the Lessor, nothing in this clause is to be
construed as a guarantee by the Lessor, except as to his
undertaking to apply his best efforts. If the Lessee is not
satisfied with the performance of the website or the
Lessor’s efforts, then Lessee’s sole remedy is to exercise
the termination options as set out below.
Lessee’s Responsibility
In order to monitor the effectiveness of the Lessor’s
website, the Lessor requires as a primal condition of this
Lease that the Lessee submit monthly to the Lessor the
number of orders received from the website, and the total
dollar amount thereof, exclusive of taxes and delivery
costs. Such submissions are to be emailed to the Lessor no
later than 30 days after the end of every month.
Term of Lease
The duration of this lease shall be for one (1) year, and
shall automatically renew for an additional year on each and
every anniversary date unless terminated beforehand. For the
purpose of this lease, the anniversary date of the lease
shall be the date on which the Lessor signs the lease.
Termination
This lease may be terminated by the Lessee, by written
notice received thirty (30) or more days prior to the
lease’s termination. Failure on the part of the Lessee to
meet any installment payments, surcharges, fees, or other
required payments will result in the swift and immediate
termination of this lease, and the removal of the Lessee’s
name, address, telephone numbers and other identifying marks
from the website, and at the Lessor’s sole discretion, any
rights conferred upon the Lessee by this lease shall be sold
to another enterprise which may or may not be a competitor
of the Lessee. The Lessor covenants and agrees that he will
not arbitrarily terminate this lease without just cause as
outlined above.
Warranty
The Lessor offers no warranty in this lease. The Lessor
agrees and covenants with the Lessee to apply his best
business knowledge and experience to create for the Lessee,
within the confines of economics, a practical Internet
presence. Notwithstanding the foregoing, no sharing of
experiences or past events, discussions or forecasts by the
Lessor are to be construed as a guaranty, warranty, or
promise of any kind, unless contained in writing in this
lease. The Lessee’s sales ability, and the Internet itself
are beyond the Lessor’s control, and the Lessee covenants
and agrees with the Lessor that changes caused by the
Internet are not the Lessor’s responsibility, and the Lessor
shall not therefore be held liable.
Lessee’s Remedy
Lessee’s sole remedy to the elements of this lease is to
terminate this lease in writing by submitting notice to
terminate at least thirty (30) days prior to the termination
date..
Telephone
The Lessee is required as a condition of this lease, and for
the full life of this lease, to acquire and maintain at his
sole expense a Toll free telephone number that is valid and
accessible within Canada and the United States
Notice
Any written notice required or permitted to be given
by this lease is sufficiently given if sent in proper form
by ordinary mail to the last known address of the party for
whom the notice is intended
Assignment
This Lease and all rights of Lessor hereunder shall be
assignable by Lessor without Lessee's consent, and Lessee
shall be obligated to any assignee of Lessor. Without the
prior written consent of Lessor, Lessee shall not assign
this Lease or its interests hereunder or enter into any
sub-lease with respect to the website.
Severability
If any provision hereof or any remedy herein provided for be
invalid under any applicable law, such provision shall be
inapplicable and deemed omitted but the remaining provisions
hereof, including the remaining default remedies, shall be
given effect in accordance with the manifest intent hereof.
Entire Agreement
This instrument constitutes the entire agreement between the
parties. No waiver by Lessor of any provision hereof shall
constitute a waiver of any other matter.
Words
In this lease, words importing the singular include the
plural, and vice versa, and importing masculine gender
include the feminine, and importing an individual include a
corporation and vice versa. This lease binds and benefits
the parties, and their respective heirs, successors, and
permitted assigns.
Rent
The Lessee shall pay to the Lessor an initial set-up fee of
$150.00 on acceptance of this lease and a further amount of
$ ____.00 on the first day of the month for each and every
month that this lease is in operation, excepting that the
rent for the month in which the lease is signed shall be
pro-rated from the signing date to the start of the next
month. Such prorated amount is due and payable on signing.
For all Canadian Lessees, GST as determined by the
Government of Canada shall be charged on all amounts owing
to the Lessor. Lessee further covenants and agrees with
Lessor to pay any reasonable additional amounts as rent to
the Lessor as from time to time determined by the Lessor at
his sole discretion to be fair and appropriate in view of
then current circumstances.
All payments shall be by Visa or MasterCard.
Entire Agreement
This instrument constitutes the entire agreement between the
parties. No waiver by Lessor of any provision hereof shall
constitute a waiver of any other matter
Law to Apply
This lease is to be governed and interpreted under the laws
of the Province of Ontario.
For the Lessee_______________________ Date:
____________________
For the Lessor_______________________ Date:
_____________________
Lessee will be paying this lease by
Visa
MasterCard (check one)
Lessee's credit card number is
____________________________________
Credit card expiry date is ____ ____
Lessee agrees to have the initial set-up charge and all
subsequent monthly payments charged to the above credit
card:
For the Lessee_______________________
Date:________________________________
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