Upon deposit or payment, client agrees to the following terms and conditions:
Any changes or additions requested that fall outside of this quote will be billed at the hourly rate of $105.00 per hour. Pricing is subject to change.
INDEMNITY: Client shall hold PageOne Website Design harmless in and from all claims, liabilities, damages, and detriments not arising from PageOne Website Design actual negligence or malfeasance.
LIMITATION OF LIABILITY: In no event shall PageOne Website Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, if PageOne Website Design has not previously been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
COPYRIGHTS AND TRADEMARKS: The client represents to PageOne Website Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PageOne Website Design for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend PageOne Website Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
IMAGES: Client is responsible for providing images, stock images can be provided for the client at an additional cost.
MODULES & PLUGINS: Any modules or plugins that are non standard and are requested by the client come at an additional cost. The cost includes the cost of the additional, time for installation and time for configuration.
LAWS AFFECTING ELECTRONIC COMMERCE: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend PageOne Website Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
CANCELLATION: From the time the first deposit is received the client has 2 days where this agreement can be canceled. Once design has been started this agreement is not subject to cancellation until the contracted website is complete after the 2 day window.
LEGAL COSTS: Should any collection methods be required in order to collect any due balances from you, you agree that any legal costs and any other costs associated with collecting the balance due can and will be added to the balance being collected.
HOSTING TERMS AND CONDITIONS: Customer expressly agrees that use of PageOne Website Designs Web Hosting Server is at Customer’s sole risk. Neither PageOne Website Design, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that PageOne Website Design Web Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the PageOne Website Design Web Hosting Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall PageOne Website Design Web Hosting, its offices, agents or any one else involved in creating, producing or distributing PageOne Website Design Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the PageOne Website Design Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to PageOne Website Design Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on PageOne Website Design Web Hosting’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
BACKUPS: PageOne makes backups everyday at midnight, Daily, Weekly, and Monthly backups are kept until they are overwritten by the next backup. These backups are to be used in the case of a catastrophic failure. It is highly recommended that the client log into their control panel and download a backup for their own safe keeping. If you are not sure how to do this, please call our office at 570-794-5089 and we will walk you through the process.