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Terms: 50% deposit due upon engagement; balance due upon the completion of project. Projects lasting over 30 days, an installment payment of 25% of the project cost is due net 30 days; Projects lasting over 45 days, an installment payment of 15% of the project cost is due net 45 days; Deposit non refundable. Any changes requested by client after the completion and/or launch of the site will be billable time. A 1 ½ (18% per annum) monthly service charge is payable on all overdue balances. Client to provide all applicable content and images in the requested digital format. Client responsible for third party vendor costs (i.e., Merchant fees, SSL certificate, plugins, etc.). We accept payment by VISA, MasterCard, Discover, American Express, PayPal and Check (payable to WebsiteDesigner.com).
Changes: The Client shall be responsible for WebsiteDesigner.com's additional charges arising out of changes in the assignment requested, verbally or in writing, by the Client. WebsiteDesigner.com will advise Client of any additional charges in advance of making such requested changes. After the project is completed and/or launched, all changes are billable time.
Cancellation: In the event of cancellation of this assignment by either party, the Client will be responsible to pay a pro-rated portion of the contract price before any special savings based on the extent of completion of the assignment at cancellation, along with any out-of-pocket expenses incurred through the date of cancellation.
Indemnification: The Client will indemnify WebsiteDesigner.com against all claims and expenses, including reasonable attorney's fees, arising from or related to Client's use or misuse of a trademark, service mark or other property of a third party, including the registration or use of a domain name which infringes on a third party's trademark or service mark. The Client will also indemnify WebsiteDesigner.com against all claims and expenses, including reasonable attorney's fees, arising from the claims of third parties based on, or arising from, information or data provided to WebsiteDesigner.com by the Client and used by WebsiteDesigner.com in connection with its work on Client's behalf.
Limitation of Liability: WebsiteDesigner.com shall not be liable to the Client, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information provided by the Client in connection with the assignment, or for any claims or losses arising therefrom or occasioned thereby. In addition, WebsiteDesigner.com shall not be liable to the Client for any third-party claims or losses of any nature, including, but not limited to, lost profits, compensatory, punitive or consequential damages.
Disclaimer of Warranties: The goods and services provided by WebsiteDesigner.com are provided as is, without warranty of any kind to client or any third party, including, but not limited to, any express or implied warranties of merchantability or fitness for a particular purpose.
A 1 ½ (18% per annum) monthly service charge is payable on all overdue balances. We accept payment by VISA, MasterCard, Discover, American Express, PayPal and Check (payable to WebsiteDesigner.com).
This service does not guarantee any particular ranking of your website nor any sales or traffic to your website. In addition, this service does not include any paid submission fees. Additional fees may apply for changes, modifications, updates and optimization alterations that exceed the scope of these services.
Changes: The Client shall be responsible for WebsiteDesigner.com's additional charges arising out of changes in the assignment requested, verbally or in writing, by the Client. WebsiteDesigner.com will advise Client of any additional charges in advance of making such requested changes.
Cancellation: In the event of cancellation of this assignment, the Client will be responsible to pay a pro-rated portion of the contract price based on the extent of completion of the assignment at cancellation, along with any out-of-pocket expenses incurred through the date of cancellation.
Indemnification: The Client will indemnify WebsiteDesigner.com against all claims and expenses, including reasonable attorney's fees, arising from or related to Client's use or misuse of a trademark, service mark or other property of a third party, including the registration or use of a domain name which infringes on a third party's trademark or service mark. The Client will also indemnify WebsiteDesigner.com against all claims and expenses, including reasonable attorney's fees, arising from the claims of third parties based on, or arising from, information or data provided to WebsiteDesigner.com by the Client and used by WebsiteDesigner.com in connection with its work on Client's behalf.
Limitation of Liability: WebsiteDesigner.com shall not be liable to the Client, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information provided by the Client in connection with the assignment, or for any claims or losses arising therefrom or occasioned thereby. In addition, WebsiteDesigner.com shall not be liable to the Client for any third-party claims or losses of any nature, including, but not limited to, lost profits, compensatory, punitive or consequential damages.
General: WEBSITEDESIGNER.COM (hereinafter “WEBSITEDESIGNER.COM”) offers web hosting services through its system to its subscribers. WEBSITEDESIGNER.COM does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms of Service (TOS) set forth the basic rules which apply to WEBSITEDESIGNER.COM’s services and use of its system. WEBSITEDESIGNER.COM may change these Terms of Service in the future upon notice published on-line or otherwise provided by WEBSITEDESIGNER.COM. BY USING WEBSITEDESIGNER.COM'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM WEBSITEDESIGNER.COM FROM TIME TO TIME. If the Terms of Service, WEBSITEDESIGNER.COM's services, system, or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled "Termination and Suspension" below. WEBSITEDESIGNER.COM provides its services to subscriber subject to the following TOS, which may be updated from time to time without notice. Subscriber should periodically review the most current version of the TOS. By using WEBSITEDESIGNER.COM’s services, subscriber agrees to (and hereby signs) the most current version of the TOS.
Lawful Use: WEBSITEDESIGNER.COM's system and services may only be used for lawful purposes and in a manner which WEBSITEDESIGNER.COM believes, in its sole discretion, to be consistent with the rights of other WEBSITEDESIGNER.COM subscribers and third parties. While WEBSITEDESIGNER.COM is not responsible for the content of hosted Web Sites, content on all WEBSITEDESIGNER.COM hosted Web Sites must comply with all laws and must not infringe the rights of any third party. WEBSITEDESIGNER.COM's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, WEBSITEDESIGNER.COM's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through WEBSITEDESIGNER.COM's system must comply with the rules for such other networks.
Changes to Service: The services provided by WEBSITEDESIGNER.COM and WEBSITEDESIGNER.COM's system are expected to change from time to time. WEBSITEDESIGNER.COM reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.
Payment Terms: A subscriber must pay fees per WEBSITEDESIGNER.COM's rate schedule in effect from time to time as a condition to obtaining access to WEBSITEDESIGNER.COM's services and system. A subscriber also must pay any sales, use or like taxes. If the payment method is by credit or debit card and payment is not received by WEBSITEDESIGNER.COM from the card issuer or its agents, the subscriber agrees to pay all amounts due upon demand by WEBSITEDESIGNER.COM. Rate changes will be effective when published on-line or otherwise provided to subscribers. Payment terms of monthly fees are net 10 days. Payments not made within 30 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Monthly/Annual charges will not be pro-rated.
Termination and Suspension: Either subscriber or WEBSITEDESIGNER.COM may, at its sole discretion, terminate the subscriber's account at any time with or without reason. WEBSITEDESIGNER.COM also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges and/or annual charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. WEBSITEDESIGNER.COM may delete all data, files or other information that is stored in subscriber's account of hosted Web Site upon termination. Provisions set forth below in the sections entitled "Software", "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination.
No Warranty; Limitation of Liability: USE OF WEBSITEDESIGNER.COM'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. WEBSITEDESIGNER.COM DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT WEBSITEDESIGNER.COM'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES WEBSITEDESIGNER.COM MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. WEBSITEDESIGNER.COM'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WEBSITEDESIGNER.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROF¬ITS. WITHOUT LIMITING THE FOREGOING, WEBSITEDESIGNER.COM WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF WEBSITEDESIGNER.COM'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH WEBSITEDESIGNER.COM'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF WEBSITEDESIGNER.COM TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY CF ANY KIND, INCLUDING DUE TO WEBSITEDESIGNER.COM'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO WEBSITEDESIGNER.COM DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
Indemnity: The subscriber agrees to indemnify and hold harmless WEBSITEDESIGNER.COM, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized.
Non-Transferability: Subscriber's account and right to use WEBSITEDESIGNER.COM's services and system is not transferable without WEBSITEDESIGNER.COM's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.
Confidentiality: WEBSITEDESIGNER.COM treats E-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits WEBSITEDESIGNER.COM limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect WEBSITEDESIGNER.COM's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where WEBSITEDESIGNER.COM receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of WEBSITEDESIGNER.COM's system. In addition, although WEBSITEDESIGNER.COM has implemented certain security measures, WEBSITEDESIGNER.COM cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.
Interpretation: These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of WEBSITEDESIGNER.COM. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Rhode Island without regard to choice of law principles. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.
