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This Web Site Design Terms and Conditions agreement is between you (Client, Customer) and Web Design LLC (Pocket Savers Web Design, Pocket Savers, we, us, our), a Delaware limited liability company, and its legal successors and assigns.
1. Payments Pocket Savers Web Design requires at least 50% of the total amount due before starting work on a web site design. The remaining balance must be paid upon completion of the project or 90 days after beginning the project, whichever comes first, regardless of project status. Pocket Savers Web Design sends all invoices on email only and all invoices are due on presentation. In case any invoice is overdue for more than 10 days, Pocket Savers Web Design reserves the right to stop work without any further communication, at that time a $100 late fee will be applied in addition to 1.5%/mo interest on outstanding balance. All payments should be made to Pocket Savers Web Design and our pricing is in US dollars.
2. Copyright of Submitted Content
All content for the web site is to be provided by the Client. Pocket Savers Web Design will only use materials and content that are in accordance with copyright laws and the Client will not provide material to Pocket Savers Web Design for use in a web site design that violates such laws. Pocket Savers Web Design shall not be held liable for the accuracy of any information supplied by the Client and contained in Client's website.
3. Web Design Layout
Pocket Savers Web Design will be given final approval of a design by the Client before developing the web site. Changes to the design after approval has been given and development has begun are not included in the initial agreement and are therefore billed at an hourly rate of $50/hour. A page would be defined by maximum of 400 words and prorated there after depending upon the applicable cost per page. There will be a maximum of five pictures in a page & ten outside links per page. Anything extra will be charged at five US Dollars per picture and five US Dollars per link. Internal navigation page links will be limited to the package selected, for instance a five page website will have a maximum of five internal navigational links, Additional navigational links/tabs without content will be charged thirty US Dollars per link. A Web Design by Pocket Savers statement with a link to pocketsavers.com will appear on all pages in the footer of all websites designed or powered by Pocket Savers Web Design. A US dollar one hundred surcharge would be payable if the link is asked to be removed. Removing the link without prior approval of Pocket Savers Web Design would be breach of this contract.
4. Turnaround Time
Pocket Savers Web Design will give an estimate on turnaround times before commencing work on a project. Meeting project deadlines will be dependent on the provision of content/information for the project by the Client. Failure by Client to provide content/information promptly will result in the project deadline being re-scheduled. The turnaround times that are give are based on actual statistics of jobs Pocket Savers have done in the past and are NOT guaranteed. Under no circumstances will a refund be honored for a delay in our estimated turnaround time and this should not constitute a breach of this contract.
Quotations are valid for 14 days from date of issue. The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be additional charges. Delays in communication will also have a direct impact on the cost of the project.
6. Refund Policy
Pocket Savers Web Design guarantee your satisfaction or 100% money back. Our refund policy works as below:
Prior to showing of any design layout, no questions asked.
Before 3rd round of revision request.
Applicable to all plans.
Refund for $199 (starter) plan must be requested prior to 1st round of design revision.
Refund is not allowed once three rounds of revisions are requested.
Refund must be requested within 10 calendar days from date of order.
Refund not applicable on domain registration fees.
Initial pre-sales consultation is free- up to 2 hours.
8. Email & Telephone Support
Telephone support is included in all our packages. Email/Help Desk support is always free.
1-4 page website: maximum of 4 phone incidents (30 minutes max each)
5-9 page website: maximum of 8 phone incidents (30 minutes max each)
10-20 page website: maximum of phone 12 incidents (30 minutes max each)
(Additional telephone support and consultation will be charged at $40/30 minutes).
9. Privacy Statement
Pocket Savers Web Design will not give out Client’s confidential information, including but not limited to names, addresses and trade secrets. Pocket Savers Web Design agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.
A valid cancellation will take place if the same is communicated in writing and is agreed upon by Pocket Savers in writing or full and final payment having been received by Pocket Savers Web Design with respect to project. Pocket savers will never agree to unreasonable cancellation requests outside the refund policy (except in the sole discretion of Pocket Savers).
11. Effective Date
This Agreement is effective as of the Effective Date and shall continue unless terminated; Pocket Savers Web Design may terminate this Agreement without written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Pocket Savers Web Design for all Services provided to Customer by Pocket Savers Web Design prior to termination.
12. Liability and Warranty Disclaimer
Pocket Savers Web Design provides their website and the contents thereof on an "as is" basis and makes no warranties with regard to the site and it's contents, or fitness of services offered for a particular purpose. Pocket Savers Web Design cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
Pocket Savers Web Design endeavors to provide contracted websites within given delivery timescales to the best of it's ability. However, the Client agrees that Pocket Savers Web Design is not liable for any claims, losses, costs incurred or compensation due to any functionality problems or failure to carry out services within a given delivery timescale.
The Client agrees that Pocket Savers Web Design is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Pocket Savers Web Design is not liable for any consequences or financial losses such as ( but not limited to), loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Pocket Savers Web Design to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, Pocket Savers Web Design cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If after handover of files errors are found in the code that Pocket Savers Web Design has created and the main browsers Internet Explorer and Mozilla Firefox, domain name set-up and hosting set-up are the same as when work began, then Pocket Savers Web Design can correct these errors for the Client free of charge.
Should Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Pocket Savers Web Design reserves the right to cancel forthwith any projects and invoice Client for any work completed.
Pocket Savers Web Design shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, 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 web site, even if Pocket Savers Web Design has been advised of the possibility of such damages.
There are laws and taxes which affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Pocket Savers Web Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
Pocket Savers Web Design may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Pocket Savers Web Design reserves the right to quote for any updates as separate work.
The Client agrees that Pocket Savers Web Design is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold Pocket Savers Web Design harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Client agrees to use all Pocket Savers Web Design services and facilities at their own risk and agree to defend, indemnify, save and hold Pocket Savers Web Design harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Pocket Savers Web Design or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to website content, choice of domain name or loss of domain name. Client also agrees to defend, indemnify and hold Pocket Savers Web Design harmless against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organization.
14. MONTHLY FEES
MONTHLY HOSTING MAINTENANCE IS REQUIRED WITH ALL PLANS AND IS RECURRENTLY BILLED EVERY 30 DAYS THEREAFTER. MONTHLY HOSTING IS BILLED FROM THE DATE OF SALE, REGARDLESS OF THE DATE THE WEBSITE GOES LIVE, BECAUSE HOSTING COSTS ARE INCURRED IMMEDIATELY. SERVER SPACE IS SECURED FOR THE DEVELOPING WEBSITE AND/OR FOR EXISTING CLIENT DOMAIN NAMES. IN ADDITION, EMAIL ACCOUNTS AND SUPPORT ARE AVAILABLE FROM THE DATE OF SALE AND ARE PAID FOR WITH MONTHLY HOSTING FEES. UNDER THIS TERM YOU AGREE TO A ONE YEAR HOSTING AGREEMENT WITH POCKET SAVERS WEB DESIGN.
The Terms, and your relationship with Pocket Savers Web Design under the Terms, shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into in NC, Unites States and any dispute will be litigated or arbitrated in NC, United States, You and Pocket Savers Web Design agree to submit to the exclusive jurisdiction of the courts located within Wake County, North Carolina to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Pocket Savers shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
16. This Agreement
Pocket Savers Web Design reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Pocket Savers Web Design may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Pocket Savers Web Designs' posting of any changes or modifications will constitute your acceptance of such changes or modifications.
This legal agreement constitutes the sole agreement between Pocket Savers Web Design and you regarding this Web Design Project.