ChickGeek Web Site & Website Design Work Terms:

Consult

A phone or email consultation must be acquired. After initial consult a work agreement must be signed.  Digital signature, by submitting the form below, constitutes signing.   

By signing this contract you are agreeing to ChickGeek's Work Terms.  Any travel accommodations must be billed, for face to face meetings.  However, most meetings may be held via email, phone or internet conferencing. 

These meetings are considered consultation time and billed at $65.00 hourly.  The initial consultation is free.

It is the clients responsibility to ensure they read and understand these Rules and Work Terms.

STATE OF ILLINOIS
                    
COUNTY OF PEORIA            WEB DEVELOPMENT AGREEMENT

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    This Web Development Agreement (hereinafter “Agreement”) is made the
____ Day of ____________Month, _____Year by and between ChickGeek Computer Services, an Illinois business (hereinafter “Company”) and_________________________, (hereinafter “Purchaser”).

WITNESSETH

    WHEREAS, Company is engaged in web development and desires to develop and design a web site for Purchaser and Purchaser desires for Company to develop and design a web site on Purchaser’s behalf.

    NOW, THEREFORE, the parties hereto agree as follows:
    
1.  Term

The term of this Agreement shall commence on the date hereof and shall continue until the services provided for herein have been performed, unless terminated earlier by the Company or Purchaser upon thirty (30) days written notice to the other party.

2.  Services

Company agrees to develop and design on behalf of Purchaser such web site for Purchaser as agreed upon by the parties and more specifically described on your Itemized Invoice and or Itemized Estimate (hereinafter “Schedule A and Schedule B”) attached hereto and incorporated herein by reference. Company agrees to provide such services to the Purchaser as set forth on Schedule A and Schedule B and incorporated herein by reference (the "Services"). The terms and conditions set forth on said Schedule A and Schedule B shall constitute the entire Services provided by Company, any additional work not specified on said Schedule A and Schedule B must be authorized in writing.  In the event Purchaser desires additional Services to be performed, then Purchaser agrees to pay Company an additional hourly rate as agreed upon by the parties.  Purchaser will be notified in writing prior to any additional hourly time billed to Purchaser.

3.  Compensation

During the term of this Agreement, Purchaser will pay Company for its Services as set forth on Schedule A and Schedule B attached hereto and incorporated herein by reference.

4.  Payments By Purchaser

In consideration of the Services provided pursuant to this Agreement, Purchaser shall pay to Company such amount shown on Schedule A and Schedule B.  It is understood and agreed that the parties may amend Schedule A and Schedule B from time to time by mutual written agreement without otherwise changing the provisions of this Agreement.  Purchaser shall pay the full amount of the total payment due, upon execution of this Agreement.  For any additional Services performed, Company will submit to Purchaser a statement of services rendered at the end of each month, and Purchaser agrees to pay the amount due to Company for services.

5.  Obligations of Company

Company may represent, perform services for, and be employed by such additional clients, persons, or companies, in Company’s sole discretion.  Purchaser understands and agrees that Company’s performance may vary depending on work and time constraints.  Company will perform Services in a timely and reasonable fashion as agreed upon by the parties.  Purchaser will provide Company with any and all necessary information to complete the Services, including but not limited to FTP access, proper administrative access to server and or database, text, code, graphics, and photos.

(a) Completion Date.
Company and the client must work together to complete the website in a timely manner.
If the client does not supply Company complete required logins, text and graphics content for all web pages contracted for within 7 days 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 and logins within 15 days after digitally signing or agreement to this contract by payment after viewing, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.   At that point ChickGeek reserves the right to continue development or discontinue development.

6.  Web Development Standards

Company agrees to provide the services described herein according to the most commonly accepted standards and practices of the industry.  Company agrees to use universally accepted website design technologies in order to satisfy the broadest market possible.  Cross browser platform testing is not included as standard development.  There are many different browsers released and additional development/testing for all browsers are additional development above and beyond initial Invoice/Estimate.  Company develops website to for three current browser standards:  Internet Explorer, Firefox and Safari.

7.  Ownership in Web Site

Upon the terms and subject to the conditions of this Agreement, and in consideration of payment to be made by the Purchaser as required by this Agreement, Company grants to Purchaser the exclusive ownership in the web site to be developed and designed pursuant to this Agreement.

8.  Confidential Information 

Purchaser agrees that all information of a technical or business nature used by Company in the performance of its services for Purchaser such as know how, trade secrets, data, techniques, inventions, and discoveries as provided by Company are proprietary and confidential to Company.  Purchaser agrees that such confidential information shall not be disclosed to anyone outside this Agreement without the express written consent of Company.

9.  Warranties

Company makes no representation of warranty, expressed or implied, including but not limited to, the warranty of merchantability or fitness for a particular purpose, arising by operation of law or otherwise, except as expressly stated in this Agreement.  Company specifically does not warrant the functions of Purchaser’s web site will meet Purchaser’s expectations of traffic or resulting business.

10.  Liability

The parties agree that the terms of this Agreement do not extend to Company’s assistance provided to Purchaser in locating and obtaining hosting servers and/or search engine rankings.  The parties agree that Company’s obligation shall be limited to providing Purchaser such web site services as agreed upon pursuant to the terms of Schedule A and Schedule B attached hereto.  In no event shall Company be liable for loss of use, data or profits or any special, incidental, exemplary or consequential damages, regardless of the form of action, even if it has been advised of the possibility of such loss or damage.

11.  Web Developer Credits

Purchaser agrees to allow Company to claim credit for Services rendered to Purchaser by posting a link, visible to search engines, to www.chickgeek.com on Purchaser’s web site in author meta tags of Purchaser’s web site.  This link will only be visible in the source code and not in the browser

12.  Miscellaneous

(a)  Notices.  Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and if sent by registered or certified mail, hand delivery or telecopy to the parties at their last known address or to such other address as they shall notify each other in writing.

(b)  Assignment.  This Agreement shall not be assigned without the written consent of either party, which such consent shall not be unreasonably withheld.

(c)  Attorney's Fees.  In the event a legal action is brought by the Company to enforce a breach of any of the terms of this Agreement, the Company shall be entitled to recover, in addition to any other relief, reasonable attorney's fees and costs of litigation incurred in preparation for or in such legal action.

(d)  Applicable Law.  This Agreement shall be governed by and construed in accordance with the substantive laws of the State of [STATE NAME] without giving effect to principles relating to conflicts of law.

(e)  Severability.  If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remaining provisions of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
 
(f)  Entire Agreement.  This Agreement contains the entire agreement of the parties, together with Schedule A and Schedule B, with respect to its subject matter and supersedes all previous agreements between the parties.  No modification of this Agreement shall be valid unless made in writing and signed by each party.

(g)  Waiver.  The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

(f)  Counterparts.  This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one agreement.

13.  Deposit

50% down to commence work.  25% release after 50% completion of work and then final 25% before delivery of any product = Final 50% paid before any release of code, programming, graphics, design work or other service.  ChickGeek considers non-payments forfeiture.  Non-payments allow ChickGeek to retain all rights to ChickGeek developed work for the client.  Any existing payments will not be refunded and all work will be held in ChickGeek's copyright.

14.  Final Work Submission on Secure Site

Final work will be submitted on ChickGeek's secure server for final review. Upon approval, signed release and final payment the work will be published on the server OR given to employer in whole.  When works are published on the server, it is the client’s responsibility to extract them for their safekeeping.

(New and Existing Websites or Other Works)

Our code used is usually HTML, CSS utilizing px for fonts and layout design, PHP, with mySQL on a Unix server.  That does not mean that we do not program for other platforms but our basic estimation is based on this for E-commerce and websites.  Unless you have a different setup that requires other programming languages. (.NET platform, Microsoft hosting and so on)  However, CSS designs will be in px and we try to not use tables unless absolutely necessary.  CSS, using em in the design, for fonts and layouts are no longer necessary for the visually impaired due to IE7 now allowing browswer viewing to be displayed magnified or zoomed.  It used to be the case the before IE7 changed.  Unless CSS specifications and other programming language specifications, are stated in the initial design and estimate phase, we will utilize our normal design/development practices.  If you wish to change your layout, coding or programming language after the design has already been agreed upon:

1.  The initial project will be completed

2.  All payments must be made

3.  A new contract must be started and the project deposit must be paid

If the above conditions are not met than you will not be allowed to use or display the design or program on your website or via other means.

(please see our Design Process page for more information:  http://www.chickgeek.com/pages/Design-Process.html

(b) Copyright to WebSites & Other Works.
Copyright to the finished assembled work produced by CHICKGEEK is owned by CHICKGEEK.  If copyright is to be owned by the client this request must be put in writing along with all final billings paid.  Any and all third party licenses, software and graphics are under the terms of the third party provider and will be registered in ChickGeek’s name until all final payment; sign offs on work and completion agreements are finished.  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. Wilson Internet Service and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

(c) 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 CHICKGEEK and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

(d) 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.

(e) Standard Website Elements.
 (For Standard Website Elements Only.) CHICKGEEK includes the following elements in their Standard Website Elements:
•    E-mail consultation (Up to 2 hours TOTAL general Internet orientation education, Web design consultation, and helping clients learn to use their own webpage editor. Telephone long distance charges, any other incurred charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate of $65.00 an hour.) If you have been notified to not contact certain members or anyone on our staff, any further emails will be considered harassment and brought to our legal team. 
•    Phone consultation phone consultation may be acquired at $65.00 hourly.  This is not a guarantee that phone consultation is available but may be scheduled and determined at that time. 
•    Submitting Tickets tickets submitted via our client portal at http://www.chickgeek.com//is the recognized way to submit issues for technical support.  This is how we track responses and emails.  Any excessive abuse of this system will be immediate terms for discontinue of service, refusal of future service, cancelling, or suspend service at our sole discretion.  It will be the client’s responsibility to remove all files from ChickGeek’s dedicated servers and to pay for any removal or restoration.  It will also be the client’s responsibility to finish any remaining work through another contractor or individual.
•    Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette. webpages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting.)
•    Links to external pages, up to an average of 2.5 per page.
•    Custom Graphics Package. Masthead graphic on first page (simple custom graphic incorporating company logo). Top-of-page graphic for all other pages in your website. Colorful lines and bullets, and colored and textured background.
•    Photos and other misc. graphic images supplied by client (up to an average of 1.3 included per page in standard websites and "regular" online store pages, in addition to masthead and top-of-page graphic. Color originals larger than 5" x 8" are extra).
•    Installation of webpages on the client's web hosting service.
•    Minor updates and changes to existing webpages for six months, subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages.
•    Site publicity to at least a dozen major Web search engines, such as Yahoo, AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, etc. will be an additional fee and not included in this contract.  ChickGeek has the right to refuse this and any future works if applicable.
•    E-mail response link on each webpage to any e-mail address the client designates.
•    Feedback or guest book form (Basic CGI program included only if agreed upon before work commenced. Includes up to 20 fields. Extra charges may be incurred if the client's web hosting service does not use a Unix operating system. Not included in the package price for sites smaller than 6 pages and must be stated prior to commencement of website. This is not included in online stores, since the shopping cart software is a functional equivalent.)
•    Image Map for internal navigation (Not included in the package price for sites smaller than 6 pages.)

(f) Standard Website Elements only.
The content of the web pages will be supplied by the client.  In case the client desires additional standard web pages beyond the original number of dynamic or static pages specified above, the client agrees to pay CHICKGEEK an additional $225.00 for each additional webpage in addition to what is already billed below.  A webpage is considered any text entered into a dynamic page created from a database or an HTML page created that is static.  Graphics or photos beyond the allowed average of 1.3 per webpage shall be billed at an additional $75 each. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate specified below. The store size and additional services, and prices of each are detailed on the attached estimate.

15.  Phone Calls and Emails
Phone calls and emails are to be considered consulting time.  Consulting time is billed at $65 hourly and in 15-minute increments.  (This is after the first 2 free hours phone time and an additional free hour email consults (totaling 3 hours).  Initial project information consultations and quotes are free of charge.  )
 
16.  Pro Bono Work
During prosperous times of the year, we do Pro bono work, for tax registered non-profit organizations.  All information will be verified.  This is not a guarantee that your non-profit organization will get a free website or free work.  Each case is evaluated individually.
 
17.  Editing Your Own Site

If you edit your own site, while ChickGeek or our staff are working on it or anytime afterwards, it voids any legal or non-legal obligation from ChickGeek.  It is not our responsibility to track your changes and fix work by others not employed by or contracted by ChickGeek.
If you delete your site, either on purpose or accidentally, it voids all hosting agreements and any other obligation from ChickGeek.  *See Disclaimers below
Clients are responsible for backing up their own sites and backing up all data.   Any backup plans must be purchased and are not included in our hosting or design packages.

18.  Hiring Others To Edit Your Software Or Site

If you hire an external developer to edit your site, while ChickGeek is working on it or anytime afterwards, it voids any obligation from ChickGeek.  It is not our responsibility to track your changes.
If you, or your external contractor, delete your site it voids all hosting agreements and any other obligation from ChickGeek.  *See Disclaimers and other information below
Clients and are responsible for, backing up their own sites, backing up all data and or purchasing a backup plan of their website.


19.  Our Client Base

ChickGeek reserves the right to cancel hosting or other services at anytime due to contract violations.  Clients are responsible for moving their site and data.  *See Disclaimer below.

20.  Licenses

Any initial licenses for resale will be held in ChickGeek's name until a signed release and final payment of all works provided.  ChickGeek clients will have to adhere to third party and reseller software terms.  It is the client’s responsibility to ensure they are in compliance with those terms.  Any moving of licenses form ChickGeek to a clients name must be governed upon by the software company giving the license and only after all fees have been paid to ChickGeek.

21.  Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.  Refusal of service is usually based on non-payments and contract violations.  However, refusal of service could be related to problems with compatibility issues between client and ChickGeek.  Refunds will be given based on work hours performed and only at pro-rated amounts.  If client’s payments are outstanding then no refund will be given.

22.  Customer Service

ChickGeek, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site.  However, ChickGeek is not obligated to provide any Customer Service. ChickGeek may refuse any and all requests for additional Customer Service with or without reason. Any additional Customer Service, which ChickGeek may subsequently agree to provide to you, shall be at ChickGeek sole discretion and once commenced, may be terminated at any time by ChickGeek without notice to you and without any liability to ChickGeek.  Notwithstanding the foregoing, ChickGeek at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to ChickGeek.

23.  Technical Support

ChickGeek, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site. ChickGeek may refuse any and all requests for Technical Support with or without reason, in its sole discretion.  Paid technical support fees will be refunded based on the remainder of days, technical support received and on a pro-rated basis.

THESE HOSTING RULES ARE IN EFFECT ONCE HOSTING IS DELIVERED TO THE CLIENT.
These rules are to be read, understood and agreed.   If you cannot agree to these terms or abide by them, please look for hosting elsewhere.   Clients are responsible for moving all of their data.  (Please see disclaimers below)  There will be no variation of these rules. Everyone will abide by the same set. The rules for hosting are as follows:

24.  Rules Of Hosting through ChickGeek.com

Hosting Agreement between ChickGeek.com ("we") and customer/client ("user", "you").
Policy and Service Guidelines
We provide web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.


 (a) Content


All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian or international law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, behavior we judge to be threatening or obscener material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service that damages the subscriber or any other party.
We do not allow sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links (not limited to below):
• Pirated software
• Hacker programs or archives
• Warez sites
• Unlicensed Music (MP3 Files)
We will be the sole arbiter as to what constitutes a violation of this provision.


(b) Disclaimer
ChickGeek.com and our network providers are not responsible for any damages caused by services provided, and make no warranties of any kind, expressed or implied for services we provide.
(c) Commercial Advertising
Spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is STRICTLY prohibited. We will be the sole arbiters as to what constitutes a violation of this provision.


(d) Background Running Applications
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.


(e) IRC
We currently do not allow IRC or IRC bots to be operated on our servers.


(f) Server Abuse
Any attempt to undermine or cause harm to a server, (intentional or accidental) or customer is strictly prohibited.
No client is allowed root access to our servers.
(g) BackBone Providers
1and1.com provides the backbone for our servers.  1and1 provides support to ChickGeek.  ChickGeek has dedicated servers co-located through 1and1.com.  Hosting clients are ChickGeek clients.  If you wish to be a 1and1.com client, through 1and1.com servers, you are responsible for moving your site to their servers.  If ChickGeek's clients conduct, causes termination of a 1and1 server or contract, that Client will be legally held responsbile for all lossed business and all fees associated with such an action.
(h) Refusal of Service
We reserve the right to refuse, cancel, or suspend any of our services at our sole discretion.


All accounts and customers using our services must adhere to the above and below policies. Failure to follow any term or condition will be grounds for immediate account deactivation without notice or refund for the remaining months fees.

(i) Trial Accounts
Trial accounts are trial accounts only and will not be kept on the server past 30 days or sooner depending on the trial account expiration.  If a free trial account was setup, it is the client’s responsibility to pay for the trial service once complete.  ChickGeek will make no backups and all free trials will be terminated if payments are not made.

25.  Payment

Customers who are on recurring monthly plans are due for automatic billing from their credit card one month after their sign up date, and every month thereafter, on or about the same day of the month. If your credit card information has changed, then you must notify us immediately so we may change this information. If on your bill date, your credit card is declined, your account may be interrupted temporarily and an email will be sent to the address on file to notify you of this problem. If payment is not arranged within 7 days, we will close your account, and any files will be lost.
All our prices are in US Dollars (USD).
If you choose a different mode of payment you are responsible your monthly fee does not arrive on our account later than 7 days in advance of the specified hosting-period. In case we do not receive your payment at least 7 days in advance your account is considered outstanding and we have the right to switch your site off. Cost of reactivation in this case is $ 25. If you pay by check, please make sure your account is covered. Checks, which are void or returned by the bank, will result in a penalty of $ 20.

26.  Cancellation

If for any reason you are not satisfied with our services, please let us know. We build our services around making hosting simple for the customer and want you to be happy. If for some reason we cannot meet your needs, you may notify us in writing and we will discontinue billing your account at the end of your current bill cycle. No refunds are issued for hosting services already paid for, except during the first 15 days of service.

27.  Notification to Cancel

Your account cancellation request needs to be made by the 25th of the proceeding month. Please process your cancellation request through our contact form. Please be sure to remove any data you want to retain, since once we cancel the account the data is lost.
New domain registrations are final once submitted, however you may transfer your domain to another provider if you wish. Once you have submitted your order for a domain name it is registered and not reversible, and we cannot refund the domain registration charges. To transfer or modify domain information, email us. If a domain is not available or taken before our system can register it, we will notify you and offer to register another domain or refund the registration charges. You should note the Uniform Domain Name Dispute Resolution Policy from ICANN before registering a new domain.
Data Transfer Allowances (monthly data transfer / bandwidth)
Our policy is to notify the customer in the event an account comes close to or exceeds their included monthly limit, and ask them to upgrade to a higher package. If we cannot contact the client, cannot upgrade the account or they refuse to upgrade, then we charge $3.5 per 1000 MB per month.


ChickGeek.com reserves the right to change these rules at own discretion any time. If you have any questions regarding our policies or services, please contact us.


28.  Refunds

Refunds will ONLY be given if the rules during the clients hosting period have NOT have been breached in ANY way and on a Case-by-Case basis. If they have not been breached then a refund will be given, on a Case-by-Case basis on the basis of payment made and time used in that month.

29.  Network Security
There is no guarantee that hackers or others will not penetrate your website.  The only safe computer is a computer turned off, locked in a room without a key and removed from the network.  There are standards to help prevent basic network hacks and other penetrations.  ChickGeek will do everything possible to secure your site.  We will apply current safety standards that we have been compensated for.  If we see a network issue, while performing services, we will notify client of security risk.  If another company hosts client’s website, we do not warranty any network security or website security work completed by ChickGeek.  This is due to not being able to monitor server performance and security of other host providers. ChickGeek will not be responsible for any damages your business may suffer due to your server being hacked, website being compromised or passwords being accessed by external violaters.

30.  Disclaimer

ChickGeek will not be responsible for any damages your business may suffer. ChickGeek makes no warranties of any kind, expressed or implied for services we provide. ChickGeek disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ChickGeek and its employees. The administration of this site reserves the right to change these rules at any time.  Notification will be sent via email or certified mail.  It is the clients responsibility to check their emails or mail and current work terms on our website.

30. Mediation & Legal Filings

The parties hereto agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to:

Williams, Williams & Loeffel, PC
139 E Washington St
East Peoria, IL 61611
Office: (309) 694-3196
Fax: (309) 694-3230

for mediation, in accordance with the mediation procedures of Williams, Williams & Loeffel, PC as amended and then in effect. The parties further agree that their respective participation in mediation is a condition precedent to pursuing any other available remedies, at law or in equity, in connection with this Agreement, including, without limitation, arbitration, litigation or other dispute resolution procedures.

Either party may commence mediation by providing to each of Center Stage and the other party written notice, setting forth the subject of the dispute, claim or controversy and the relief requested. The parties covenant that they will participate, in good faith, in the mediation, and that they will share equally in the costs and expenses thereof (which shall not include the costs or expenses incurred by a party for legal representation in connection with the mediation ). The parties hereby acknowledge and agree that any and all agreements reached during the course of mediation shall be binding upon both parties.

The parties further acknowledge and agree that mediation proceedings are settlement negotiations, and that, to the extent allowed by applicable state law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or their respective agents, employees, experts and attorneys, and by Center Stage or any of its agents, employees, members or managers are confidential and inadmissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

The provisions of this Section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.

Any legal proceedings arising will be filed and held in Peoria, Illinois courts.  Peoria, Illinois courts shall hold jurisdiction. 

31.  Entire Agreement

This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of ChickGeek or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and ChickGeek and you hereby acknowledge and agree that neither ChickGeek nor you have executed this Agreement in reliance upon any such representation or promise.


    IN WITNESS WHEREOF, the parties have signed this Agreement this ____day of ________________month, _____ year.


                    ChickGeek Computer Services
                        


                    
                    BY:  _________________________________
                        Owner
                        ChickGeek Computer Services
                        P.O. Box 9601, Peoria IL 61615




                    PURCHASER:


                        
                    BY:___________________________________
                         ___________________________________

                        [CLIENT NAME], [CLIENT TITLE]
                        [CLIENT ADDRESS]

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