The following Terms of Service apply to our SmallBiz Websites: Print This Page
Authorization. The Client is engaging Websites Are Us as an independent contractor for the specific purpose of developing and designing a website as furthermore defined below.
Domain Name Registration. The Client understands that domain name registration requires a separate contract with a third party domain name registrar. The Client is solely responsible to keep his registration current and comply with any associated laws or requirements. The Client agrees to provide login information to his account and authorizes Websites Are Us to make required changes to the domain’s name server settings during the project.
Website Hosting (Third Party Web Host). If the Client opts to host his website with a Third Party web host , he is solely responsible to keep his account current and comply with any associated laws or requirements. The Client agrees to provide login information and authorize Websites Are Us to make the required changes to the settings in order to create the website.
Website Hosting (Websites Are Us). If the Client opts to host his website with Websites Are Us, Websites Are Us shall provide hosting for Client’s website inside Websites Are Us’ reseller account (currently at Hostgator.com) in accordance with these Terms Of Service and the terms set by Hostgator for shared accounts (http://www.hostgator.com/shared). Free hosting shall be included in the web design package for the first 12 months. After one year, the hosting fee shall be equal to the rates of the ‘Hatchling Plan’ and payable to Websites Are Us on a prepay basis. The Client may cancel the account at any time. Fees paid on a prepay basis are non-refundable.
Websites Are Us shall not be responsible for any loss of business or other damages resulting from “down-time” or other technical problems related to the host server, whether caused by the web hosting company or by other issues beyond our control.
If unanticipated circumstances cause Client’s website to exceed the bandwidth or storage limits that were initially determined to run Client’s website, such overages may result in additional charges, or temporary suspension of service. Should this occur, Websites Are Us will first make every effort to contact you to prevent any unexpected charges or service interruptions. If Client violates Websites Are Us’ or Hostgator’s terms of service, a refund will not be issued. Websites Are Us reserves the right to cancel the service at any time. In this event Client will be entitled to a pro rata refund based upon the remaining period of prepayment.
Website Development And Design Services
Scope Of Work/Specifications. Websites Are Us shall develop a website for the Client by using the webdesign template that the Client has selected. The scope of work includes the installation and setup of the website, based on the selected template, including:
Unless agreed upon in a separate agreement between the Client and Websites Are Us, the scope of work does NOT include:
Information And Content. The Client will provide all information that is necessary to create the website and all content to be included. Login information, and the final text, graphics, photos, and/or any other artwork or items to be included shall be submitted in digital format (.jpg, .png, .pdf, .doc, .txt) within 5 business days after project start.
Web Design Process. Websites Are Us agrees to work expeditiously to complete the website on our test server within 10 business days after receiving information and content from Client. After getting Client’s final approval, Websites Are Us will upload the website onto Client’s hosting server, and Client will receive the login to access his website. From this point on, Client’s website will be ‘online’ on the Internet, and Websites Are Us’ obligations shall be fulfilled under this Agreement.
Modifications Of Initial Scope Of Work (Change Order). If the Client desires to modify the initial website specifications at any time during the term of these Terms Of Service, Client shall send the additional services to Websites Are Us in a ‘Change Notice’ by email. After reception of such Change Notice, Websites Are Us shall submit a proposal (“Change Order”) which includes a statement of any additional charges or adjustments to the time schedule resulting from the proposed Change Notice. On Client’s approval of the Change Order, the Change Order will become part of the Agreement.
Delay Due To Client. The Client understands that Websites Are Us and the Client must work together in order to complete the website in a timely manner. If the Client does not provide content or information that is necessary to start or continue the project causing a delay for more than 15 business days, the Client is in breach of this Agreement, the Agreement shall be voided and all payments made are not refundable.
Privacy. Any data Websites Are Us collects from Clients will be held confidentially and securely for the sole purposes of carrying out business with the Client.
Copyright. The Client unconditionally guarantees that the copyright for any elements supplied for inclusion is either owned by the Client, or that he has permission from the rightful owner to use each of these elements. The Client will hold harmless, protect and defend Websites Are Us from any claim or suit arising from the use of such elements.
Assignment. Websites Are Us reserves the right to assign subcontractors to its projects.
Alterations & Data Loss. Websites Are Us does not accept responsibility or liability for any alterations caused by the Client or third parties to the Clients website. Websites Are Us shall NOT be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data outside of our control, including the failure of the web hosting server, or loss or change of login information.
No Liability for Consequential Damages. Websites Are Us shall not be liable to the Client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement of programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use the website. In any case, Websites Are Us’ entire liability under any provision of this agreement is limited to the pro-rated amount actually paid by Client for the website.
Fee For Service And Payments. The agreed upon fee for website development is payable before project begin. If hosting services are ordered, the hosting fee is payable in advance for each month in which the Client wishes to continue hosting services. Any fees for services of Third Parties, such as domain name registration, hosting, stock photos, programming, or other services must be paid by Client directly to the Third Party provider.
Money Back Guarantee/Cancellation Of Agreement by Client. If within 30 days of project start the Client asks for a refund of payments made to Websites Are Us for the design of the website, this agreement shall be voided, the payment shall be returned by Websites Are Us to the Client and the Client shall not have any usage rights for the website template or any other files created by Websites Are Us.
Refusal Of Service/Cancellation Of Agreement by Websites Are Us. Websites Are Us reserves the right to refrain from providing services due to non-payment, non-agreement, ethical or legal issues, or other reasons.
The Agreement between the Client and Websites Are Us is governed by the laws of California. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the State of California and further agrees to commence any litigation which may arise hereunder in the courts located in San Diego County, California.
The parties agree that an Agreement shall not exist between Client and Websites Are Us until both parties acknowledge it.
CHANGE NOTICE: The content of our website and these Terms Of Service may change over time. Accordingly, our website could read differently as of your very next visit. No notice of changed content will be provided either before or after the change takes effect.
The actual agreement between the Client and Websites Are Us shall take precedence over these general Terms of Service.
The Client hereby acknowledges that he has read, understands and agrees to these Terms Of Service.
Last updated: 01-15-2015
Onpoint LLC dba Websites Are Us
1484 Countryview Lane
Vista, CA 92081