Terms of Service
This policy represents your agreement with Free Website Makeover, hereinafter referred to as the Company, in addition to all emails exchanged between us and yourselves. Please retain your emails for future reference in the unlikely event of any dispute.
From time to time, we may have to revise the policies on our terms and conditions. Any changes or updates to these policies are normally minor and do not affect the overall agreement between both parties. However, please always make sure you do check back on this page regularly for updates.
This policy is presented by Company, a Texas based web services and hosting provider.
When you register as a Client to have any services rendered by Company, including but not limited to web design, web development, marketing, video animation and so on, you are agreeing to these Terms and Conditions as outlined on this page. You should read this agreement carefully as it will form a legally binding contract between us and you. Your acceptance of this agreement and contract begins when you proceed with confirming your account in our project management portal known as the ACP.
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract, you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you may not understand. We do want what’s best for the safety of both parties, now and in the future. In short, you may be a direct Client of ours of hours, in the business of selling our services as your own brand, will be asking Company, to provide web design, development, marketing, and support services. All agreed services and pricing will be provided in a separate document.
What do both parties agree to?
As our Client and, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner, too. Deadlines work two ways and you will also be bound by any dates that we set together. Failure to comply or communicate and provide us with required information or resources resulting in past due completion date will be the responsibility of the client, not the Company. You also agree to stick to the payment schedules set out in the proposal that you will have been sent. We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Again, we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we will also maintain the confidentiality of any personal information that you give us.
Project Cancellation:
Projects can be canceled by our direct Client or Company management. If the project is canceled by our Client during or after the website is transferred, there will be no refunds. No responses by a Client regarding a project for 30 days is considered abandoned. If the project is canceled by Company due to Client not responding after 30 days, there is absolutely no refund. Any amounts owed to Company must be paid immediately. If the Client wishes to re-activate the project, the cost is $500 per project and must be paid before the project is reactivated.
Confidentiality:
The Client and Company may disclose confidential information between themselves regarding any work under this agreement, in order to facilitate and complete the web design project. Such information will be identified during the course of any email, written or verbal communication between both parties, and shall be safely retained and not disclosed to any other third parties by either the Company or the Client.
The company will provide support and all required services rendered for the client. All communication recorded will be kept confidential and safely in the project management portal. Any and all projects completed for the client will be used in a portfolio or shared in any form or fashion at any given time. Company and its staff are not allowed to claim affiliation in performing the work and displaying the completed work in a private or public portfolio.
Payment Schedules:
The payment schedules will be outlined in a separate proposal (again sent by email to the Client or accessible in our project management system). We are confident that you understand that any invoices sent to you should be paid promptly, and our terms of payment are due on the presentation of each invoice you will receive. Invoices are sent out every Friday and payment is expected no later than the following Wednesday. Late or delayed payments may incur a Late Fee Charge of $35 after 7 days of non-payment, and may also compromise the time limits on designing the website. Late and non-payment may also result in the loss of new work already completed or websites being completely nullified. If non-payment surpass 30 days and new work has been removed, client and must pay for the work to be done again. If a website hosting is transferring to another server (that is not hosting with Company), then payment must be made in full before any files will be released or uploaded to your servers. This is non-negotiable.
Liability:
We cannot guarantee that the functions contained within any web page (or part of your website design), will always be error-free, and therefore we will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities 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. We also cannot guarantee that your website will function 100% on another server separate from our demo server where we created your demo site. We will fix all errors we can on your server for up to 3 hours. After that, the rate of resolving remaining issues is $25/hr.
The Copyright:
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows:
- You will own the text files, images, graphics and any visual elements, or sound bytes, that you may have sent to us to use in connection with any project (unless someone else owns them).
- We maintain copies of all the files used in connection with your projects as backup and can provide access to the files online upon request.
- Unless stated otherwise in a separate agreement, Company will NOT own the copyright (or any specific vendors that may have supplied some files in connection with your web design project own the copyright) to the markup, CSS files, other code that may have been used by us for you, or certain images that we may have supplied to or for you.
- In addition, Company will not re-use any Client files and resell to another Client or create new websites, programs, services to compete with the Client or Agency.
We reserve the right as the Designer to put a link showing that the site has been designed by us, or is hosted by us, and this link will be usually small, unobtrusive and will open a new window, thereby not hindering or distracting from your own website.
We also reserve the right (because it is good to tell or show other people what we may have done), to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source.
IMPORTANT: We cannot guarantee or accept any liability whatsoever for downtime associated with the transfer process, nor can we guarantee that your existing website “as it is” will work flawlessly on another web hosting server. You will need to make sure with your new provider that they will be able to ensure that your website files are compatible with their own specific hosting system. There are no refunds or repayment for your website no longer functioning properly on another server.
REFUNDS
The client can request a refund for their project before ANY work has begun, a 100% refund will be issued to you. However, once any of our staff begin work, including but not limited to research, designing, coding, etc, there are no refunds.
If you request a full integration and you decide to stop the project half-way, it is possible that there may be a partial refund. Determining how much of the project is complete and how much can be refunded is at our full discretion.
Once your website files are transferred to a server of your choice, there are no refunds. We cannot guarantee 100% function on another server after your website is completed on our demo server. We cannot be held responsible for lack of resources on your selected server or incompatible server settings. We will do what we can and offer up to 3 hours of troubleshooting, but we will start billing $25/hr once we’ve exhausted our allotted time.
This contract remains in force and need not be renewed. If for any reason, one part of this contract becomes invalid, or unenforceable, the remaining parts of the contract still remain in place. Although we have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.
Failure to enforce these Terms and Conditions and related Policies in every instance does not amount to a waiver of Company rights.
Changes to TOS
Company and their server providers reserve the right to add, delete, or modify any provision of these ‘Standards Of Service’ at any time without notice. Failure to receive notification of a change does not make those changes invalid.