DEVELOPMENT; HOSTING; CUSTOMER SERVICE Clause Samples

DEVELOPMENT; HOSTING; CUSTOMER SERVICE. (a) ADNM will design and develop the Store, including the source code, the Product catalog, and the commerce system, and will be solely responsible for the costs of such design and development. You shall have the right to approve the design of the Store, including its "look and feel." The parties hereto agree to use commercially reasonable best efforts (i) to cause the beta version of the Store to be completed within 60 days after the complete execution of this Agreement, and (ii) to officially launch the Store within 90 days after such execution. (b) During the Term, ADNM will host (i.e., provide the server for) and maintain the Store, including by providing periodic source code programming updates and improvements in accordance with your reasonable requests. In this regard, ADNM will use its commercially reasonable best efforts to correct any material "bug" or defect as soon as reasonably possible after ADNM becomes aware of such material "bug" or defect. (c) ADNM shall handle all customer orders and inquiries, provide all necessary credit card accounting and processing services and develop payment, delivery and refund policies. To effect the foregoing, ADNM shall also provide an on-line and toll-free telephone service center that will take orders and respond to customer inquiries. On-line inquiries will be responded to within 24 hours of receipt and the telephone service will be operational Mondays through Fridays from 9:00 a.m. to 7:00 p.m. Pacific Time (excluding holidays) and will enable customers who prefer not to place orders on-line to place orders by facsimile or telephone. (d) Unless you and ADNM agree otherwise in writing, ADNM (or its designee) shall process orders received from the Store and arrange to have the ordered Product shipped to the customer (subject to Product availability).