SERVICE AGREEMENT

A) SERVICES - Site Winders will provide services defined in writing.

B) CHARGES - Charges for these services, exclusive of any Authorized extras, will be provided in writing prior to beginning.

C) DEPOSIT- A non refundable deposit will be required before any work will begin, and will be deducted from the paid in full balance.

D) TERM - Agreements for the performance of maintenance shall be for the period of one year.

E) EXTRA SERVICES - Site winders is only liable to perform extra services, in addition to this Agreement, that are authorized in writing setting out the price of the extras services and signed by both parties (“Authorized Extras”).

F) BILLING - Site Winders will bill you, with payment due in full, upon completion of services.

G) PAYMENT - All invoices are payable on receipt .

H) COPYRIGHT - When submitting photographs, photocopies, artwork, or reproductions of any material, original or not, for use by Site Winders, the Client agrees that he/she has authorization to do so. Site Winders and it’s staff is not responsible for submissions of copyrighted material by anyone other than the said owner or authorized personnel. Any legal fees arising out of misrepresentation as to ownership or authorization of the submitted works or their content shall be the responsibility of the Client, and the Client agree that Site Winders is indemnified from any such costs or damages that may be incurred.

I) TERMINATION OF CONTRACT - This Agreement may be terminated by either party, without cause, at any time within thirty business days after the effective date hereof.

J) LIMITATION OF DAMAGES - Site Winders shall be responsible only for the delivery of the work contracted for, and shall not be responsible or liable for any consequential damages.

K) GUARANTEE OF PAYMENT - If the client is or becomes incorporated, the individual accepting the terms of this Agreement on behalf of the client also personally guarantees payment for services.

L) NO WAIVER OF DEFAULTS - No waiver of any term, provision or condition of this Agreement, the breach or default thereof, by conduct or otherwise, in one or more instances shall deemed to be either a continuing waiver or a waiver of subsequent breach or default of any such term, provision or condition of the Agreement.

M) LIQUIDATED DAMAGES - The parties acknowledge that it will be difficult if not impossible to adequately ascertain damages to Site Winders in the event of default by Client. It is expressly understood and agreed that in the event that Client shall fail or refuse to comply with any of the terms and conditions contained in the Agreement imposed on Client, Client shall pay to Site Winders an amount equal to 20% of the total sale price as set forth above as liquidated and agreed damages and not as a penalty. In addition, Client acknowledges that Site Winders may elect to enforce any other remedies which Site Winders may have at law or equity.

N) GOVERNING LAW -This Agreement shall be constructed in accordance with and governed by the laws of the State of Indiana, irrespective of the fact that a party hereto may not be a resident of or maintain a place of business in that State.

O) JURISDICTION FOR COURT ACTION - The court and authorities of the State of Indiana or the federal district court having venue for Clarksville, Indiana shall have jurisdiction over all controversies that may arise with respect to this Agreement, the parties hereby waving any other venue to which they might be entitled by virtue of domicile or otherwise. Should either party initiate or bring a suit or action before any other courts, it is agreed that upon application any such suit or action shall be dismissed, without prejudice, and may not be filed in accordance with this provision. The party bringing the suit or action before a court not agreed to herein shall pay to the other party all the costs of seeking dismissal including all attorney’s fees, costs and damages.

P) ENTIRE AGREEMENT - It is agreed between the parties hereto that there are no other agreements or understandings between them relating to the subject matter of this Agreement. This Agreement supersedes all prior agreements, oral or written, between the two parties and is intended as a complete and exclusive statement of the Agreement between the two parties. Neither this Agreement, nor its execution, have been induced by any reliance, representation, stipulation, warranty, agreement or understanding of any kind other than those herein expressed. No change or modification of this Agreement shall be valid unless the same be in writing and signed by the parties.

Q) SAVINGS - Any provision contained in this Agreement that is found by a court of law to be void or unenforceable shall not effect the validity or enforceability of any other provisions of this Agreement.