KreativAds.com
is the developer and owner of proprietary computer software and Data-base known as CreatyveAds.com which allows for the storage of competitive price data in a proprietary database where buyers and sellers of services can specify their exact terms and conditions. Customer desires the right to access electronically from remote locations of Kreative Ads to retrieve competitive price quotations and data for use by customer.

1. DEFINITIONS

1.1 KreativeAds.com Database is a competitive Database of the United States and foreign tariffs, rates and, other information maintained at Kreative Ads remote, secure data centre.
1.2 Rates mean rates. Rate sheets/price list /and offers of services from all types of businesses are permitted to access.
1.3 Effective Date means date of customers signature of this Agreement.

2. RIGHT OF ACCESS

2.1 Retrieval: Kreative Ads. Com grants to Customers, for the charges set forth in section 3.2 a non-exclusive, non-transferable restricted right for individuals to link electronically with the Software and to access and retrieve from the Database competitive price information by following the procedures set forth in section 2.2.

2.2 Access Requirements: Customers will access users data via a Customer-provider, internet network connection between the Customer ´s desktop personal computer or network and a link provided on Kreative Ads Database. The Customer is responsible for obtaining sufficient telecommunications, and internet software necessary to gain access to the Software. Customers will be provided with a Customer ID as well as Customer password number. Kreative Ads relinquish all responsibility for the flow of internet communications between customers desktop, the internet and the Kreative Ads Database.

2.3 Ownership of Software: Kreative Ads retain all rights to all interests in the software, Documentation and Database, including any fixes or new versions, and to all copies of the Software and Documentation authorised or unauthorised, in whole or in part and in all intellectual property related to all of the foregoing.

2.4 Trademark: Customers may not use without consent from Kreative Ads at any time trade name or any of Kreative Ads trademarks whether registered or not, or any translation or equivalent of, in any language, with a product or service, or with any other trademark, advertisement materials, corporate title or business name.

2.5 Security: Customers agree to comply to all rules of operation and security procedures established by Kreative Ads. Com. Customer also agrees not to attempt to gain access or in any way use or modify any data, files or programs to which it is not entitle to under this Agreement. Customer also agree and accept the responsibility to safeguard access terminals and take all necessary steps to prevent unauthorised access of the Software and Database.

3. FEES AND PAYMENT

3.1 Telecommunications: All telecommunications charges related to the connection and use of the Database are the responsibility of the Customer.

3.2 Fees: This contract expires after a period of one year. The billing address of each Customer , will be charged monthly for a hosting package between 5MB and 150MB web space on our site as per fees listed below. We will connect your portal to the internet FREE OF CHARGE Our package deals start at a flat rate of 27.90 U.S dollars a month. Customers will be billed in advance for the agreed fixed monthly fees, as well as those fees incurred through up dates to your site etc. on a monthly basis.

3.3 Invoicing payment: Beginning on the Effective Date of this Agreement Kreative Ads will invoice Customer for all fees which the Customer has incurred under this agreement. All fees are due and payable in U.S. dollars within (10) days of the date of Kreative Ads invoice.

If the customer is based outside of the U.S. or the European community all payments must be made by wire transfer in immediately available funds. Fees do not include such costs as postage, shipping, and administrative fees, or user fees imposed by various regulatory bodies.

With regard to tariff filing, modem, telecommunications or other communication fees, which costs and fees will be separately billed by Rates-and-Tariffs to Customer and which customer agrees to pay. In addition, Rates-and-Tariffs may terminate this agreement in accordance with section 6.2 and 6.3.

3.4 Creditworthiness: Kreative Ads reserves the right to access Customers credit worthiness and to modify these payment of terms based on Customers credit history.

3.5 Late Payment: In the event that any payment of any invoice is overdue, Kreative Ads will bill customer a late payment charge on the unpaid balance at the rate of 1 and ½ % per month.

3.6 Pricing: All prices and fees set forth in this Agreement and Exhibits hereto, shall be at Kreative Ads current rates. Kreative Ads may increase rates and fees on a ( 30 ) thirty day written notice to Customer.

3.7 Taxes: All Fees are exclusive of and Customer is responsible for all applicable federal local and state taxes, user fees or other assessments on the sale, license or use of Software. Documentation, and/or services provided under this Agreement and any access fees charged by any governmental agency. Customer is not responsible for taxes based upon Kreative Ads net income, capital stock, franchise, net worth or similar taxes imposed upon Kreative Ads.

4. SERVICE SUPPORT

4.1 Basic Support Service Through it ´s "Hotline" Kreative Ads. com offer Customers advice and consultation with the respect to use and operation of the Software and the resolution of routine Software related problems. Kreative Ads will use commercially reasonable efforts to return such calls from customers.

Our normal business hours are from 0900 to 1800hrs Monday through Friday. Basic support service that is available through the Hotline consists of applicable support to end-user regarding Customers access to Database an use of the Software and limited technical support to resolve routine malfunctions.

5. WARRENTY AND REMINDERS

5.1 Limitation on Damages. THE CUSTOMER UNDERSTANDS AND AGREE THAT CREATYVE ADS WILL NOT BE LIABLE TO CUSTOMER FOR ANY LOSSES OR DAMSGES ARISING OUT OF ANY ACT OR OMISSION OF CONTENT, CUSTOMER ALSO AGREE THAT RATES-and-TARIFFS WILL NOT BE HELD LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENCIAL DAMAGE INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR BUSINESS OPPORTUNITIES BY EITHER DIRECT OR INDIRECT FAILURE OR PERFORMANCE OF THE SOFTWARE ,OR SERVICES HERE UNDER, WHETHER A CLAIM ARRISES OUT OF CONTRACT WARRANTY OR TORT.

5.2 Whole Liability. Kreative Ads entire liability to Customers for any cause whatsoever, whether arising from Software or services is limited to a refund of all Fees Customer has paid under this Agreement for the three (3 ) month period immediately prior to the date liability accrues.

5.3 Customer Indemnification. Customer indemnifies and hold harmless Kreative Ads, it ´s officers, directors, employees and agents from and against any claims, losses, liability or expenses ( including reasonable attorneys fees) arising out of injury or damage ( including death ) to Customers or Kreative Ads employees consultant, agents other third parties or the property of any of them arising out of Customers negligence or wilful misconduct, or infringement of another patent, copyright or misappropriation of trade secrets, unless such claims, losses or liability are solely caused by Kreative Ads.com.

Customer also agrees to indemnify and hold harmless Kreative Ads against any and all claims incurred by CreatyveAds.com as a result of demands, lawsuits or judgements arising from or in, connection with this Agreement, unless Kreative Ads is negligent or engage in wilful misconduct in it ´s performance of this Agreement or if such Kreative Ads liabilities, losses or damages result from a material breach of this Agreement by Kreative Ads.

5.4 Disclaimer: CREATYVE ADS MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE, OR SERVICES PROVIDED HERE UNDER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND THE WARRANTY AGAINST NONINFRINGEMENT.

6. TERMINATION and TERMS

6.1 Terms: The effective time of this Agreement is one (1) year from the Effective Date shown on page (1), with a ninety (90) day minimum commitment. Each party must give a ninety day (90) written notice of termination of terms prior to the expiration of a term if said party plans not to renew; otherwise this Agreement will automatically renew for an additional term of one (1) year at Kreative Ads current prices and fees for service. At any time within a period of sixty (60) days written notice each party may terminate this Agreement.

6.2 Termination: Upon written notice to Customer, Kreative Ads may terminate this Agreement immediately, when Customer fails to pay any invoice due or in the event of transfer of a substantial portion of Customers assets or control of it ´s business by sale, re-organisation or merger. If one or the other party materially breaches any other obligation under this Agreement and has failed to cure such a breach to the others satisfaction after a (30) day notice of receipt of breach, or in the event of bankruptcy, insolvency, dissolution or receivership proceedings filed by one or the other party, upon prior notice this Agreement may be terminated immediately.

6.3 Re-connection Fees: In the event Customer fails to pay any invoice when due, rather than terminating this Agreement Kreative Ads may, after notice to Customer suspend services until Customers account is made current. In the case of termination of this Agreement, or suspension of services, and Customer wants to later reinstate services, Customer will be required to reinstate the existing Agreement or enter into a new Retrieval Agreement with Kreative Ads. In addition Customer will be required to pay a re-connect Fee equal to the greater of 2.5% of all past due amounts or 50.00 U.S dollars.

All obligations of Customer to pay all amounts still due and owing to Creatyve Ads will survive the termination of this Agreement for any reason.

7. MISCELLANEOUS

7.1 Justifiable Delays. Kreative Ads shall be excused from performance or delays under this Agreement to the extent such performance is prevented or delayed is due to causes beyond the control of Kreative Ads including without limitation, acts of God, strikes, or other labour disputes, wars, governmental restrictions, failure of transportation, utilities or telecommunications transmission lines or services or failure of equipment. In such event Kreative Ads time of performance shall be extended by the extent of any such delay or where practical shall be excused.

7.2 Third Party Beneficiaries. No. Customer agent, authorised employee, or affiliate of Customer is or will be deemed a third party beneficiary under this Agreement.

7.3 Severability. If any provision of this Agreement is determined to be unlawful and can be deleted without altering the essence of the Agreement, the unlawful provision will be served and the remaining provisions will remain in effect.

7.4 Waiver The failure of any party at any time to enforce it ´s rights under this Agreement will not be constructed as a waiver of such rights or will it in any way affect the validity of this Agreement. No waiver by any party will be valid unless in an appropriate writing signed by that party.

7.5 Governing Law. This Agreement will be governed and constructed by Sacramento California.