We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Websites Seller may collect and use Users personal information for the following purposes:
– To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently.
– To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
– To improve our Site We may use feedback you provide to improve our products and services.
– To process payments We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
– To send periodic emails We may use the email address to respond to their inquiries, questions, and/or other requests.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
6. Unacceptable Practices
As Websites Seller strives to offer the very best service, there are certain guidelines and policies that must govern Websites Seller’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Websites Seller’s services. Such decisions are at the sole discretion of Websites Seller. Unacceptable practices include, but are not limited to:
Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
Sexually oriented products or services (e.g. escort services), or other sexually oriented material
Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
Offensive or otherwise distasteful material
Content or language that is harmful to minors in any way
Bulk emailing tools
Distribution of internet viruses or other harmful or destructive activities
Hacking and cracking
Scams or phishing for personal information
Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Websites Seller’s discretion)
Gambling, gaming, lotteries, and like activities
Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
Defamatory, hateful or revenge content or language.
Aids to pass drug tests or aids to pass lie detector tests.
Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
Reverse Funnel Systems
Illegal drugs or drug paraphernalia
Prescription drugs and related content
Intentional or unintentional violations of any applicable local, state, national or international law.
Reselling of any Websites Seller services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.
Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
Links to other sites that are in violation of Websites Seller’ policies and guidelines
Other activities, whether lawful or unlawful, that Websites Seller deems to be in poor taste or that reflect adversely on Websites Seller or Websites Seller’s other clients
Websites Seller reserves the right to refuse to design or host an account at its sole discretion at anytime.
As an Websites Seller Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold Websites Seller harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. Websites Seller retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. Websites Seller may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by Websites Seller for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy.
As an Websites Seller Client you may have access to editing tools for your website. Client may edit, add or delete content to the website at anytime. With this understanding Websites Seller may or may not pre-screen content. Websites Seller shall have the right (but not the obligation) to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by Websites Seller or not, including any reliance upon accuracy, usefulness or completeness.
Client acknowledges that Websites Seller may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of Websites Seller and the public.
Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the transborder transfer of personal data.
Website Construction Procedure
With help and input from the Client, Websites Seller will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to Websites Seller through Websites Seller’s online Web Center.
In submitting content, links to sample sites the Client likes are for general information purposes only and assist Websites Seller with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Websites Seller’s invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
Websites Seller will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
The Client must submit his own WordPress template, or ask Websites Seller’s Team to look for alternatives. The Client should send to the Websites Seller’s Team as more details as he can about his future website. The timeframe is calculated in that way: 60% Information submit from the client – 40% WordPress Site Development.
Client understands, agrees and acknowledges that Websites Seller does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client’s project(s), availability of Websites Seller personnel, accounting status of Client’s account, etc.
If Client does not respond to Websites Seller communications and, as a result, Websites Seller is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
Client is responsible for testing the functionality of the website upon Websites Seller’s request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc.
Client website may be posted live as soon as the website design is completed by Websites Seller. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website may be posted live within 30 days from purchase if Websites Seller is required to complete content and design without complete Client input or content from Client.
The Client understands and agrees that if the Client does not respond within 5 business days to Websites Seller’s request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Websites Seller’s notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”.
In the event that Websites Seller completes all of the work per the original sale and database write ups, Websites Seller reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.
Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements. Website Change Requests Before and After Website Goes Live
Websites Seller agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Websites Seller’s standard hourly rate. Websites Seller is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Websites Seller does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Websites Seller does not guarantee a time frame for completion of ANY custom database or custom programming completed by Websites Seller or an Websites Seller Partner. If database is completed byWebsites Seller A custom “Database Specifications Summary” may be presented to the Client. Websites Seller agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and Websites Seller may proceed with development of the custom database as outlined. A Database Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at Websites Seller’s standard hourly rate. There is no guarantee that changes made by Websites Seller to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client’s requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.
Client is responsible for testing the functionality of the website upon Websites Seller’s request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
Websites Seller will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests Websites Seller to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at Websites Seller’s standard data entry rates.
Client will be provided with instructions to input products into the store. If Client requests Websites Seller to enter products into the store on Client’s behalf, the Client will be charged, and agrees to pay, for each product added to the store at Websites Seller’s standard product-entry rates. Client is required to submit store content to Websites Seller via Websites Seller’s content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at Websites Seller’s standard hourly rate for requested changes. (See Database/Programming)Client is responsible for testing the functionality of the e-commerce store upon Websites Seller’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. Websites Seller is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
Enhancements to Website
Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.
Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, andWebsites Seller will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
While Websites Seller does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Websites Seller at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Websites Seller will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Websites Seller and Client’s timely cooperation with Websites Seller in any solicitation for information related to the website’s development.
If expedited service is offered to Client by Websites Seller, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Websites Seller guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Websites Seller with requested information in a timely manner, Websites Seller reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Websites Seller for any and all other charges related to the website’s development.
Client may purchase at an additional monthly cost additional services offered by Websites Seller. Additional monthly services may include, but are not limited to, the Web Traffic Director program (WTD), spam filters, and back-up software. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. Websites Seller will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 30 days written notice.
Websites Seller’s technical support department should be contacted at [email protected] for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. Websites Seller provides technical support for email and down time issues that are caused by Websites Seller. Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at Websites Seller’s hourly rate and that Websites Seller may charge Client’s account for such technical support fees.If Client uses Websites Seller’s technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Websites Seller does not warranty that technical support services will meet Client’s requirements or be error free.
Websites Seller strives to offer the best service available. Customer service complaints or concerns should be emailed to [email protected]
Design Time/Service Contract
Client may wish to make changes or updates to the live website that Websites Seller is hosting. Most changes can be made using Websites Seller’s online editors. The online editors may not be available for all websites, or all pages of a website. Availability of the online editors is dependent upon the functionality and specifications required for the Client’s website. If Client desires for Websites Seller to make changes to website, design time may be purchased at an hourly rate or in blocks of design time as a Design Service Contract.Websites Seller is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by Websites Seller to repair changes made by Client will be billed to Client at Websites Seller’s standard hourly rate or Websites Seller may utilize design time that has been purchased by the Client.
Flash updates and PHP updates are considered enhancements or additional services purchased, and are not design updates to the website. The appropriate fee will be charged for the purchase of each enhancement. Design Service Contract time may not be used for Flash updates or PHP updates purchased by the Client. Flash and PHP Service Contracts may also be available for purchase.
Client is responsible for the purchase and renewal of domain names and will be billed directly by domain name provider for annual renewal fees. Client agrees to pay Websites Seller for domain names purchased and/or renewed by Websites Seller on Client’s behalf.Domain names purchased by Websites Seller on Client’s behalf and website designs, databases, stores, or programs created by Websites Seller are the property of Websites Seller until Client has paid all fees including one full year of monthly hosting. . Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Clients may buy-out their one year hosting agreement by paying 12 months of hosting in advance if they wish to transfer the domain name and content to Client’s control prior to one year of paid monthly hosting. Websites Seller expressly reserves the right to retain a copy of any website designs, databases, stores, flash, programs, writings, or any other work created for Client for evidentiary purposes.
Upon transfer of domain and/or website to Client or another service provider, at anytime, Client agrees that Websites Seller has met in full its obligation to Client, and Websites Seller is released of all past and future obligations to the Client. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client. Websites Seller reserves the right to transfer domain name(s) to Client at anytime. Upon receipt of any legal action or intellectual property disputes Websites Seller may transfer domain name to Client at anytime
Domain names are purchased through a third party service on Client’s behalf. Websites Seller cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase Websites Seller will assist the Client in selecting and purchasing an alternate domain name.
If Client ceases to pay monthly hosting or other fees due ownership of any domain names purchased by Websites Seller on Client’s behalf or controlled by Websites Seller are transferred to Websites Seller. Websites Seller may allow domain name to expire, may renew domain name and remain the owner, or Websites Seller may sell the domain name at its sole discretion and for Websites Seller’s sole benefit.
14-Day Satisfaction Guarantee
Websites Seller provides a 14-day satisfaction guarantee. Websites Seller will continue to change and modify the Client’s website to Client’s liking, within 14 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 14 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client’s design time hours available based upon the monthly hosting package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at Websites Seller’s standard hourly rate over and above the initial design fee paid. Websites Seller does not guarantee that the website designed will be exactly what the Client has envisioned. Websites Seller’s best effort will be given for the 14-day satisfaction guarantee but Websites Seller is not obligated to complete multiple redesigns or modifications. While Websites Seller may agree to make requested changes and to bill the Client’s design time or bill the Client directly, Websites Seller is not obligated to complete Client requests or changes outside of the 14-day satisfaction period. If Websites Seller does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.
Termination/Cancellation of Services
Websites Seller, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Websites Seller believes Client has violated the TOS. Websites Seller may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to Websites Seller’s services under any provision of this TOS may be effected without prior notice and that Websites Seller may deactivate or delete Client’s account and all related information files. Client agrees that Websites Seller shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. Websites Seller may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to Websites Seller. Charges for monthly hosting will continue to incur for delinquent accounts until Client’s one year hosting obligation has been met even if account has been suspended or terminated. Websites Seller also reserves the right to discontinue the designing of Client’s website at any time, at Websites Seller’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Websites Seller.
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by Websites Seller.
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify Websites Seller in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from Websites Seller that the request for termination has been received and no further hosting fees will be billed.
Cancellation Effective Date
Client may terminate hosting services with 30 days written notice, after one full year of paid hosting. The effective date of cancellation is to be 30 days from the date of Websites Seller’s receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and Client agrees to pay.
If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes Websites Seller to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.
34. Cancellation Fee and Refund Policy
WEBSITE DESIGN/DEVELOPMENT – Refunds of the fees paid for development of the website may be issued on accounts cancelled within 14 days of the initial sale and prior to the completion of the website according to the following schedule:
A) A minimum of a 50% cancellation fee will be retained by Websites Seller on cancelled accounts even if no work has been started and no content yet submitted by the Client.
B) A minimum of a 75% cancellation fee will be retained by Websites Seller on cancelled accounts if work has been presented to the Client; or Websites Seller has made multiple attempts to work with the Client, and Client has not responded to those attempts.
C) A 100% cancellation fee will be retained by Websites Seller and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Websites Seller. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.
D) 100% cancellation fee will be retained and NO REFUND will be issued by Websites Seller if Client cancels after 14 days from the initial sale.
MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by Websites Seller on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate Websites Seller for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.
ENHANCEMENT SALES – A 100% cancellation fee will be retained by Websites Seller and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Websites Seller on all cancelled enhancement purchases if cancelled within 14 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Websites Seller if Client cancels after 14 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases Websites Seller, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Websites Seller’s its officers, owners, members, agents and employees.
Websites Seller Proprietary Rights
Client acknowledges and agrees that Websites Seller’s services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Websites Seller’s services.
Use of Client Information
Client herby gives permission to Websites Seller to use samples or links to Client’s custom website designed by Websites Seller for marketing and advertising purposes, including but not limited to, use in Websites Seller’s online portfolio.
Contract Service Providers
Websites Seller may contract with Contract Service Providers to complete a portion, or all of the Client’s custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Websites Seller employee directly for services. All payments for services rendered must be made directly to Websites Seller. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s website and do not have access to Client’s personal information including payment information.
Disclaimer of Warranties
CLIENT’S USE OF Websites Seller’S SERVICES IS AT CLIENT’S OWN RISK. Websites Seller’S SERVICES ARE PROVIDED “AS IS”. Websites Seller DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Websites Seller DISCLAIMS ANY WARRANTIES REGARDING Websites Seller’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Websites Seller DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Websites Seller’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. Websites Seller DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. Websites Seller DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH Websites Seller’S SERVICES, OR LINKS PROVIDED BY Websites Seller’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY Websites Seller OR OBTAINED THROUGH LINKS PROVIDED THROUGH HIT’S SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Websites Seller’S SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT Websites Seller, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Websites Seller HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE HIT’S SERVICES, RELIANCE ON HIT’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Websites Seller’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH Websites Seller’S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO Websites Seller’S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO Websites Seller’S SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
Without limiting the foregoing, under no circumstance shall Websites Seller be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Websites Seller’S full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Websites Seller.
Tort Claims and Other Claims
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Websites Seller, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against Websites Seller in Client’s individual capacity and not as a member of a class.
Client agrees to defend, indemnify and hold harmless Websites Seller, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Websites Seller’s services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Websites Seller or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Websites Seller, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Websites Seller. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Websites Seller’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Address: Boteanu’s Street, no. 3B, Bucharest Romania
Phone no.: (+40) 7413-73678
E-mail: [email protected]