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Terms Of Service

Terms of Service (TOS)

1. Acceptance of Terms

This Terms of Service (TOS) agreement is between you (Client) and WEB DESIGN SOLUTIONS PTY LD and its legal successors and assigns.

By accepting this Terms of Service (TOS) electronically or in writing, and/or by using WEB DESIGN SOLUTIONS’s services, including but not limited to, submission of content to WEB DESIGN SOLUTIONS’s design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.

WEB DESIGN SOLUTIONS provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS. Failure to comply with the TOS may result in account termination. By using WEB DESIGN SOLUTIONS’s services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and WEB DESIGN SOLUTIONS is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.

Client’s acceptance of the TOS is binding upon all WEB DESIGN SOLUTIONS services including the purchase of additional services or additional websites or accounts at a later date.

2. Description of Service

WEB DESIGN SOLUTIONS designs and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, easy interface for updating the website, email accounts and additional website-related services. Client understands that WEB DESIGN SOLUTIONS’s services may include certain communications from WEB DESIGN SOLUTIONS such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to WEB DESIGN SOLUTIONS’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access WEB DESIGN SOLUTIONS’s services.

3. Electronic Delivery Policy

WEB DESIGN SOLUTIONS is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from WEB DESIGN SOLUTIONS any notices, agreements, disclosures, or other communications (Notices). Client agrees that WEB DESIGN SOLUTIONS may send electronic Notices in either of the following ways 1) To the email address provided to WEB DESIGN SOLUTIONS at the time of sale or 2) to the new email address account Client set up through WEB DESIGN SOLUTIONS. Client agrees to check the designated email addresses regularly for Notices. Notice from WEB DESIGN SOLUTIONS is effective when sent by WEB DESIGN SOLUTIONS, regardless of whether the Notice is read or received by Client.

4. Privacy Policy

Personal data and certain other information about the Client are subject to WEB DESIGN SOLUTIONS’s Privacy Policy. For more information see the privacy policy at http://www.webdesignsolutionsydney.com.au/policies/. By using WEB DESIGN SOLUTIONS’s services Client also agrees to the most current version of WEB DESIGN SOLUTIONS’s Privacy Policy.

5. Call Monitoring and Recording Privacy Statement

As part of WEB DESIGN SOLUTIONS’s commitment to providing the best possible service WEB DESIGN SOLUTIONS may monitor and record phone calls answered by WEB DESIGN SOLUTIONS and made by WEB DESIGN SOLUTIONS. WEB DESIGN SOLUTIONS may also archive recorded voice mail messages. WEB DESIGN SOLUTIONS records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows WEB DESIGN SOLUTIONS to identify how WEB DESIGN SOLUTIONS can better serve its customers.

6. Unacceptable Practices

As WEB DESIGN SOLUTIONS strives to offer the very best service, there are certain guidelines and policies that must govern WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS’s services. Such decisions are at the sole discretion of WEB DESIGN SOLUTIONS.

As a WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. WEB DESIGN SOLUTIONS retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS 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. (See Termination)

As a WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS may or may not pre-screen content. WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS or not, including any reliance upon accuracy, usefulness or completeness.

Client acknowledges that WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS and the public.

7. Intellectual Property Policy

WEB DESIGN SOLUTIONS respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. WEB DESIGN SOLUTIONS may terminate accounts for copyright or trademark infringement, or for any other reason WEB DESIGN SOLUTIONS deems appropriate as it may relate to Client’s use of another’s intellectual property.s

WEB DESIGN SOLUTIONS will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to WEB DESIGN SOLUTIONS is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website. (See Unacceptable Practices).

Client content that is sent to WEB DESIGN SOLUTIONS will remain the intellectual property of the Client. WEB DESIGN SOLUTIONS does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. WEB DESIGN SOLUTIONS will attempt to honor requests to return original content; however, WEB DESIGN SOLUTIONS has no liability and does not guarantee the return of any content to Client.

Domain names purchased by WEB DESIGN SOLUTIONS and website designs, databases, stores, or programs created by WEB DESIGN SOLUTIONS are the property of WEB DESIGN SOLUTIONS until Client has paid all fees including one full year of monthly hosting. (See Domain Names Purchase/Hosting Agreement)

8. International Use

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 trans-border transfer of personal data.

9. Website Construction Procedure

With help and input from the Client, WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS through WEB DESIGN SOLUTIONS’s online Web Center.

In submitting content, links to sample sites the Client likes are for general information purposes only and assist WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS’s invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.

WEB DESIGN SOLUTIONS 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.

10. Completion Timeframes

Client understands, agrees and acknowledges that WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS personnel, accounting status of Client’s account, etc.

If Client does not respond to WEB DESIGN SOLUTIONS communications and, as a result, WEB DESIGN SOLUTIONS 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.

11. Client Approval

Client is responsible for testing the functionality of the website upon WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS. Additional features, such as custom database programming, flash programming, credit card and bank linking payment processors etc., will be added to the site as they are completed.

The Client understands and agrees that if the Client does not respond within 10 business days to WEB DESIGN SOLUTIONS’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 10 business days to WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS completes all of the work per the original sale and database write ups, WEB DESIGN SOLUTIONS 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.

12. 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.

13. Website Change Requests Before and After Website Goes Live

WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS’s standard hourly rate. WEB DESIGN SOLUTIONS is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If WEB DESIGN SOLUTIONS does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

14. Database/Programming

WEB DESIGN SOLUTIONS does not guarantee a time frame for completion of ANY custom database or custom programming completed by WEB DESIGN SOLUTIONS or an WEB DESIGN SOLUTIONS Partner. If database is completed by WEB DESIGN SOLUTIONS A custom “Database Specifications Summary” may be presented to the Client. WEB DESIGN SOLUTIONS 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 10 business days it will be deemed to be accepted by the Client and WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS’s standard hourly rate. There is no guarantee that changes made by WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS’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.

WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at WEB DESIGN SOLUTIONS’s standard data entry rates.

15. E-commerce/Stores

Client will be provided with instructions to input products into the store. If Client requests WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS’s standard product-entry rates. Client is required to submit store content to WEB DESIGN SOLUTIONS. 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 WEB DESIGN SOLUTIONS’s standard hourly rate for requested changes.

Client is responsible for testing the functionality of the e-commerce store upon WEB DESIGN SOLUTIONS’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. WEB DESIGN SOLUTIONS 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.

16. 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, and WEB DESIGN SOLUTIONS 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.

17. Additional Services

Client may purchase at an additional monthly cost additional services offered by WEB DESIGN SOLUTIONS. Additional monthly services may include, but are not limited to, the Monthly Maintenance, 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. WEB DESIGN SOLUTIONS 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.

18. Technical Support

WEB DESIGN SOLUTIONS’s technical support department should be contacted at http://support.webdesigsolutionsydney.com.au for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. WEB DESIGN SOLUTIONS provides technical support for email and down time issues that are caused by WEB DESIGN SOLUTIONS. 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 WEB DESIGN SOLUTIONS’s hourly rate and that WEB DESIGN SOLUTIONS may charge Client’s account for such technical support fees.

If Client uses WEB DESIGN SOLUTIONS’s technical support services, including but not limited to screen share sessions, Client acknowledges and understands that WEB DESIGN SOLUTIONS does not warranty that technical support services will meet Client’s requirements or be error free.

19. Design Time/Service Contract

Client may wish to make changes or updates to the live website that WEB DESIGN SOLUTIONS is hosting. Most changes can be made using WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS 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.

WEB DESIGN SOLUTIONS is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by WEB DESIGN SOLUTIONS to repair changes made by Client will be billed to Client at WEB DESIGN SOLUTIONS’s standard hourly rate or WEB DESIGN SOLUTIONS 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.

20. Domain Names

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 WEB DESIGN SOLUTIONS for domain names purchased and/or renewed by WEB DESIGN SOLUTIONS on Client’s behalf.

Domain names purchased by WEB DESIGN SOLUTIONS on Client’s behalf and website designs, databases, stores, or programs created by WEB DESIGN SOLUTIONS are the property of WEB DESIGN SOLUTIONS 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. WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS has met in full its obligation to Client, and WEB DESIGN SOLUTIONS 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. WEB DESIGN SOLUTIONS reserves the right to transfer domain name(s) to Client at anytime. Upon receipt of any legal action or intellectual property disputes WEB DESIGN SOLUTIONS may transfer domain name to Client at anytime

Domain names are purchased through a third party service on Client’s behalf. WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS on Client’s behalf or controlled by WEB DESIGN SOLUTIONS are transferred to WEB DESIGN SOLUTIONS. WEB DESIGN SOLUTIONS may allow domain name to expire, may renew domain name and remain the owner, or WEB DESIGN SOLUTIONS may sell the domain name at its sole discretion and for WEB DESIGN SOLUTIONS’s sole benefit.

21. Marketing Representations

WEB DESIGN SOLUTIONS makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to WEB DESIGN SOLUTIONS are due at time of sale of website design and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website. WEB DESIGN SOLUTIONS is not responsible for marketing of Client’s website including search engine rankings. Ultimately the success or failure of the Client’s website is the responsibility of the Client.

22. 90-Day Satisfaction Guarantee

WEB DESIGN SOLUTIONS provides a 90-day satisfaction guarantee. WEB DESIGN SOLUTIONS will continue to change and modify the Client’s website to Client’s liking, within 90 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 90 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 WEB DESIGN SOLUTIONS’s standard hourly rate over and above the initial design fee paid. WEB DESIGN SOLUTIONS does not guarantee that the website designed will be exactly what the Client has envisioned. WEB DESIGN SOLUTIONS’s best effort will be given for the 90-day satisfaction guarantee but WEB DESIGN SOLUTIONS is not obligated to complete multiple redesigns or modifications. While WEB DESIGN SOLUTIONS may agree to make requested changes and to bill the Client’s design time or bill the Client directly, WEB DESIGN SOLUTIONS is not obligated to complete Client requests or changes outside of the 90-day satisfaction period. If WEB DESIGN SOLUTIONS does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.

23. Termination/Cancellation of Services

WEB DESIGN SOLUTIONS, 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 WEB DESIGN SOLUTIONS believes Client has violated the TOS. WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS’s services under any provision of this TOS may be effected without prior notice and that WEB DESIGN SOLUTIONS may deactivate or delete Client’s account and all related information files. Client agrees that WEB DESIGN SOLUTIONS shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS. 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. WEB DESIGN SOLUTIONS also reserves the right to discontinue the designing of Client’s website at any time, at WEB DESIGN SOLUTIONS’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by WEB DESIGN SOLUTIONS.

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 WEB DESIGN SOLUTIONS.

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 WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS that the request for termination has been received and no further hosting fees will be billed.

Requests for cancellation of website hosting services or additional services should be emailed to sales@webdesignsolutionsydney.com.au If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.

24. 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 WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS 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.

25. 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 90 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 WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS on cancelled accounts if work has been presented to the Client; or WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by WEB DESIGN SOLUTIONS. 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 WEB DESIGN SOLUTIONS if Client cancels after 90 days from the initial sale.

MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by WEB DESIGN SOLUTIONS on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS on all cancelled enhancement purchases if cancelled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by WEB DESIGN SOLUTIONS if Client cancels after 90 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.

MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.

Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).

By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases WEB DESIGN SOLUTIONS, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against WEB DESIGN SOLUTIONS’s its officers, owners, members, agents and employees.

26. Account Transfer

Requests for transferring the ownership of a website or hosting account from Client to a new owner must be completed in writing by both the current account owner and the new designated owner. The transfer is not valid until a signed request is received by WEB DESIGN SOLUTIONS in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of WEB DESIGN SOLUTIONS’s TOS by the new owner.

27. WEB DESIGN SOLUTIONS Proprietary Rights

Client acknowledges and agrees that WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS’s services.

28. Use of Client Information

Client hereby agrees that any information or ideas submitted to WEB DESIGN SOLUTIONS by any means may be used by WEB DESIGN SOLUTIONS without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to WEB DESIGN SOLUTIONS’s Privacy Policy.

Client herby gives permission to WEB DESIGN SOLUTIONS to use samples or links to Client’s custom website designed by WEB DESIGN SOLUTIONS for marketing and advertising purposes, including but not limited to, use in WEB DESIGN SOLUTIONS’s online portfolio.

29. Third-Party Services

From time to time third parties may offer services or software to WEB DESIGN SOLUTIONS’s clients, clients may request the use of third-party services or software, or WEB DESIGN SOLUTIONS may suggest the use of third-party services or software to its clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. It is Client’s sole responsibility to ensure that the use of third-party services or software complies with third-party terms of use and licenses, these Terms of Service, and any and all applicable laws. Client assumes full responsibility for, and releases WEB DESIGN SOLUTIONS from, any and all liability associated with the use of third-party services or software. WEB DESIGN SOLUTIONS does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access WEB DESIGN SOLUTIONS’s services. Client also agrees that WEB DESIGN SOLUTIONS is under no obligation to provide Client with any enhancements, updates, or fixes to make WEB DESIGN SOLUTIONS’s services accessible through any third-party applications or services, including third party hosting services. WEB DESIGN SOLUTIONS is under no obligation whatsoever to provide support or service for websites hosted on third party servers or non-WEB DESIGN SOLUTIONS servers.

30. Contract Service Providers

WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS employee directly for services. All payments for services rendered must be made directly to WEB DESIGN SOLUTIONS. 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.

31. Disclaimer of Warranties

CLIENT’S USE OF WEB DESIGN SOLUTIONS’S SERVICES IS AT CLIENT’S OWN RISK. WEB DESIGN SOLUTIONS’S SERVICES ARE PROVIDED “AS IS”. WEB DESIGN SOLUTIONS 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. WEB DESIGN SOLUTIONS DISCLAIMS ANY WARRANTIES REGARDING WEB DESIGN SOLUTIONS’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WEB DESIGN SOLUTIONS DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEB DESIGN SOLUTIONS’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. WEB DESIGN SOLUTIONS DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. WEB DESIGN SOLUTIONS DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH WEB DESIGN SOLUTIONS’S SERVICES, OR LINKS PROVIDED BY WEB DESIGN SOLUTIONS’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY WEB DESIGN SOLUTIONS OR OBTAINED THROUGH LINKS PROVIDED THROUGH WEB DESIGN SOLUTIONS’S SERVICES.

CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WEB DESIGN SOLUTIONS’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 STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.

32. Limitation of Liability

CLIENT UNDERSTANDS AND AGREES THAT WEB DESIGN SOLUTIONS, 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 WEB DESIGN SOLUTIONS 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 WEB DESIGN SOLUTIONS’S SERVICES, RELIANCE ON WEB DESIGN SOLUTIONS’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS’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 WEB DESIGN SOLUTIONS 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.

33. General Information

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 WEB DESIGN SOLUTIONS. 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 WEB DESIGN SOLUTIONS’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.