Terms & Conditions
THE WEB DESIGN Z is a division of THE WEB DESIGN Z. When entering into a business relationship YOU will enter into a contractual relationship with THE WEB DESIGN Z. where YOU will be “The CLIENT”. It will be your full responsibility to read and understand all of the terms and conditions posted in this website. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE REGARDLESS OF YOUR FAILURE TO READ THEM.
YOU as “The CLIENT” will also enter into a written contract with THE WEB DESIGN Z. The contract will contain all of your project’s details and as The CLIENT you will adhere to and be bound to all the legal terms and conditions without limitations, that apply to the leasing, purchasing, and/or usage of any of THE WEB DESIGN Z’s Customized Website Subscription Services, as stated herein but not limited to:
Confidentiality Policy:
THE WEB DESIGN Z. acknowledges that a material of the Agreement with The CLIENT is to keep all confidential information belonging to both parties confidential and to protect its release from the public at any time during or after the term of this agreement. The CLIENT is bound to follow and respect this confidentiality policy in the same manner. In addition, The CLIENT agrees that all information presented by THE WEB DESIGN Zincluding but not limited to pricing, project strategies, project management, design concepts, and other relevant elements in relation to The CLIENT’s project will not be discussed with any third party without prior written approval from THE WEB DESIGN Z.
Services Policy:
1. THE WEB DESIGN Z will create a customized Website (hereinafter referred to as the “Website”) for you (” hereinafter referred to as “The CLIENT”). The services referenced in this Section may be collectively referred to as “Customized Website Subscription Services”. Subject to the terms and conditions of this Agreement (which include this and all other applicable Sections) and during the term of this Agreement, THE WEB DESIGN Z agrees to provide to The CLIENT’S Customized Website Subscription Services described on the THE WEB DESIGN Z package that The CLIENT selected and purchased during the sign-up and contract activation process. The CLIENT understands and agrees that as part of THE WEB DESIGN Z’s Customized Website Subscription Services, The CLIENT will receive a customized website that may contain features, design elements and functions used in other websites also designed and customized by THE WEB DESIGN Z. The only exception applies to content including text, images and logos that are specifically provided by The CLIENT and that already belong to The CLIENT, in this case this information will only be used in The CLIENT’s website project.
2. All material created and or designed by THE WEB DESIGN Zis copyrighted to THE WEB DESIGN Z. only. This material cannot be reproduced, copied or used in ANY other media or layout outside what has been originally designed or contracted for. This applies to all work including preliminary designs, website design, print media and collateral material if applicable. All work will be designed for specific usage and The CLIENT will only be allowed to use it within the scope of the purchased design. Websites will be designed for computer browsers unless otherwise specified in writing. Any copy, reproduction and misusage of THE WEB DESIGN Z’s original work are strictly forbidden. In addition, THE WEB DESIGN Z’s name and logo are copyrighted to THE WEB DESIGN Z. ANY alteration, tampering, misusage or removal is forbidden and subject to penalties. Unless otherwise arranged in writing with THE WEB DESIGN Z. all stock photography is used under the royalty-free license of THE WEB DESIGN Z. As such, The CLIENT has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency. The CLIENT agrees that the design of the project will remain irrevocably copyrighted and/or trademarked to THE WEB DESIGN Z. and THE WEB DESIGN Z will be able to use this work as part of its marketing material, training, portfolio, and other related usage. Ownership interest to the Website, including, but not limited to the HTML coding, scripting, copyrights, and all other intellectual property rights, shall remain exclusively with THE WEB DESIGN Z. and THE WEB DESIGN Z. only grants The CLIENT a non-exclusive, revocable license to use these design elements and related applications provided that The CLIENT is current with any applicable subscription service fees and not otherwise in breach of the Agreement.
3. THE WEB DESIGN Z reserves the right to amend our Customized Website Subscription Services and to add, delete, suspend or modify the terms and conditions of such Website Subscription Services, at any time and/or from time to time, and to determine whether and when any such changes apply to existing and/or future CLIENTS. In the event THE WEB DESIGN Z refers The CLIENT to a third party affiliate and The CLIENT engages with such partner or affiliate to directly provide other services not limited to graphic designs, videos, text development, logo development, social media, marketing and others, The CLIENT understands and agrees that THE WEB DESIGN Z is not and will not be in any manner responsible for the services provided by that third party affiliate, and that the terms and conditions of that partner or third party affiliate will apply to the provision of those services provided by that specific partner or affiliate. THE WEB DESIGN Z. and/or any of its divisions, subsidiaries or branches will not be held liable for the proper functioning nor the copyrighting of any of the work produced for The CLIENT by that partner or by any third party affiliate.
4. The CLIENT hereby grants to THE WEB DESIGN Z, its vendors, providers, subcontractors and all applicable partners and members, all necessary rights and licenses with respect to the CLIENT’s Website information created by THE WEB DESIGN Zin order for THE WEB DESIGN Zto carry out its obligations under this Subscription Service Agreement. CLIENT agrees that THE WEB DESIGN Z will not responsible for archiving documents, graphic work, web pages and other related information and files created for CLIENT, which are mailed, E-mailed or provided to THE WEB DESIGN Z via file exchange programs. Furthermore, THE WEB DESIGN Z will not be responsible for returning any files, documents or information provided to us by CLIENT in any way, including but not limited to via E-mail, mail or via file exchange programs.
5. The CLIENT unconditionally agrees that any and/or all elements of text or graphics furnished to THE WEB DESIGN Z for inclusion in the development of their project do not and will not infringe on any copyright or trademarks that may have been already established by another company or organization. Furthermore, The CLIENT agrees to have legal rights to such content. The CLIENT will hold harmless and protect THE WEB DESIGN Z from any claim or suit arising from the usage of any and/or all elements received as working files from The CLIENT’s part. It is The CLIENT’s sole responsibility to ensure that any names, logos, photos, graphics, slogans, videos and other relevant elements pertaining to their products, companies or services are not already in use, and it is The CLIENT’s exclusive responsibility to secure patent, copyrights, registration or trademarks to protect the rights to any of the above stated elements. THE WEB DESIGN Z., its divisions, branches, subsidiaries, shareholders, members and employees will not be held responsible for any legal action that may result from improper due diligence on the availability as well as the existence of a company’s name, image, product and idea including without limitation to online and offline.
6. As part of the Customized Website Subscription Services that THE WEB DESIGN Z offers, The CLIENT’s project will also be dictated by a formal contract (The Contract) entered between THE WEB DESIGN Z. and The CLIENT. The Contract will state the specific services that THE WEB DESIGN Zwill provide for The CLIENT, including creating a customized website, and the subscription terms and services that The CLIENT will enter into. The Contract will list some of the features, design elements, functions and other specifics, which may contain some features and design elements used in other Websites also designed by THE WEB DESIGN Z. In addition to the terms and conditions set forth in this Agreement and this Section, The CLIENT will also be bound by the terms of the Contract which will be prepared by THE WEB DESIGN Z. and signed by The CLIENT before any work can begin. The contract may also contain, but may not be limited to, a list or description of the services our designers will provide to The CLIENT as part of the Customized Website Subscription Services, a list of technical, graphic or other special features that will be incorporated into The CLIENT’s website, applicable fees and payment schedules, and a description of any applicable cancellation fees or policy. This Contract shall become a part of this Agreement and shall be subject to all terms and conditions of the Agreement without any limitations or exceptions.
CLIENT’S Duties Policy:
Within The CLIENT’s contractual obligations with THE WEB DESIGN Z., The CLIENT shall be responsible for doing and adhering to the following:
1. Providing THE WEB DESIGN Z with all information requested by THE WEB DESIGN Z including text, images, slogans, descriptions, as well as any custom images (including, but not limited to, design, pamphlets, brochures, logos, and other images) that you want THE WEB DESIGN Z to use in connection with and for the development of your Website project. The purchase and completion of any Customized Website Subscription Services requires receipt of written content and images from The CLIENT’s part. If insufficient Content is received THE WEB DESIGN Z will complete The CLIENT’s Customized Website Subscription Services with placeholder content and deliver the Customized Website Subscription Services as is within the guidelines of our time line. At this time The CLIENT will no longer be eligible for a refund of ANY type. Content submitted after the designated time line may be added at an hourly rate to be determined by THE WEB DESIGN Z. In the event that The CLIENT hires THE WEB DESIGN Z for creative writing services to develop The CLIENT’s website script, The CLIENT must provide approval to use this text within 2 weeks of receiving it from THE WEB DESIGN Z for review and approval, otherwise, website completion time frame will be delayed and additional fees may apply to the project. THE WEB DESIGN Z will strive to complete all Customized Website work within 60 days of signing a contract with The CLIENT, provided that The CLIENT makes the information needed to complete the project available within the time frame that THE WEB DESIGN Z specifies. If The CLIENT delays the submission of information he/she understands that THE WEB DESIGN Z’s completion time frame will be consequently affected.
2. Contact THE WEB DESIGN Z promptly to make changes, modifications, and enhancements to your Website.
3. Contact THE WEB DESIGN Z promptly with notice of your decision to cancel or discontinue the Customized Website Subscription Services. Note: cancellation policy and early termination fees will apply, please read our cancellation terms before canceling any services.
4. Obtaining the appropriate Internet connection to access your website, to send and receive E-mail, and/or to access and utilize the Internet in general.
5. If The CLIENT gathers any personal information from the CLIENT’s website visitors, the CLIENT will not share that personal information with any third party without first obtaining the visitors’ written consent.
6. The CLIENT needs to guarantee that the website content he/she provides does not and will not infringe or violate Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties. By using the Customized Website Subscription Services, CLIENT represents and warrants that any name or word submitted to be used as all or part of the URL associated with The CLIENT’s Website does not and will not infringe any trademark or domain name rights of any third party.
7. Ensuring the accuracy of materials provided to THE WEB DESIGN Z including, without limitation, website content, product information, services information, photos, sounds, videos, slogans, descriptive claims, warranties, guarantees, nature of business, and The CLIENT’s contact information.
8. The CLIENT will be responsible for responding promptly to various requests necessary for the project to move forward and/or as scheduled and specified in the Contract he/she signed and entered. During any stage of the design or project development process, a designer, project manager or staff member from THE WEB DESIGN Zwill be working with CLIENT to gather information to start, review, provide feedback or to approve in order to complete The CLIENT’s website. If a response is not received from the CLIENT for more than sixty (60) days, the design project will be considered “abandoned” and payment must be surrendered to THE WEB DESIGN Z. in full. THE WEB DESIGN Z. reserves the right to charge The CLIENT a fee or penalty for repeated missed consultations, for rescheduling of consultations related to any website design work, and/or the reinstatement of The CLIENT’s website design to an active status if no response has been received for 30 days. At this stage THE WEB DESIGN Z reserves the right to reschedule the website completion date depending on THE WEB DESIGN Z’s calendar availability, or terminate the relation without ANY liabilities to The CLIENT.
9. THE WEB DESIGN Z. reserves the right to withdraw from The Contract without ANY liabilities to The CLIENT if The CLIENT fails to comply with ANY of the obligations agreed. In addition, THE WEB DESIGN Z. reserves the right to terminate The Contract if The CLIENT behaves unethically or unprofessionally with THE WEB DESIGN Z. or its divisions including THE WEB DESIGN Z, other branches, subsidiaries, shareholders, members and employees at ANY time during the creation, development, management or the entire course of the project.
10. In the event that this agreement is terminated with cause, THE WEB DESIGN Z. will not refund ANY of the payments received from The CLIENT to the date of Contract termination. In addition if project has not been fully paid to THE WEB DESIGN Z. ANY/ALL work created to this point will remain in THE WEB DESIGN Z’s possession and The CLIENT will have no right to use or access ANY of the work created by THE WEB DESIGN Z.
Business Hours and Communication Policy:
Regular working hours for THE WEB DESIGN Z are Monday through Friday 8:00 am to 5:00pm excluding holidays. All correspondence including but not limited to E-mails or calls will be answered by our staff members in the order they are received within a time frame of 24-48 hours. Please note that due to the nature of our business, some matters may require longer time for troubleshooting and we will make every attempt to respond in a timely manner.
CLIENT’s Website Content Policy:
1. It is The CLIENT’s sole responsibility to ensure and approve that all information provided is accurate before submitting it to the THE WEB DESIGN Zteam. If The CLIENT provides any information that is untrue, plagiarized, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that his/her information is untrue, plagiarized, inaccurate, incomplete or not current, THE WEB DESIGN Z. will immediately suspend or terminate The CLIENT’s account and refuse ANY and ALL current or future use of our Customized Website Subscription Services. Unauthorized website content, website behavior or website Inappropriate use will not be tolerated under ANY circumstances. THE WEB DESIGN Z reserves the exclusive right to deny, terminate or suspend ALL services without notifying The CLIENT, if in THE WEB DESIGN Z’s discretion The CLIENT misuses and violates any codes of conduct. THE WEB DESIGN Z will not publish, host or service ANY website with information that is abusive in any form, or for unethical materials and uses including but not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, and ANY harassing, libelous, defamatory, dangerous, offensive and/or harmful material, or for promoting illegal products, illegal services and adult information of any kind. THE WEB DESIGN Z retains the right and final opinion regarding whether ANY portion of The CLIENT’s website falls within one of these categories and we reserve the right to reject, alter, modify, or remove The CLIENT’s website, website domain name, URL address, or any website content (including, but not limited to, ANY language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which THE WEB DESIGN Z deems are in violation of ANY ethical and professional codes of conduct, or that are outside of ANY of the original contractual agreement with The CLIENT.
2. If THE WEB DESIGN Z suspends, removes, or terminates The CLIENT’s website as a result of but not limited to ANY of the above-described violations, The CLIENT agrees that ANY unused portion of ANY fees that The CLIENT may have paid for ANY services will remain in THE WEB DESIGN Z’s possession as a compensation for time invested in addressing the issues created by The CLIENT’s illegal or obscene website content and/or as a cleanup fee to dispose of all relevant website files. Furthermore, The CLIENT agrees not to seek recovery of those fees, or fees of ANY nature from THE WEB DESIGN Z. or any of its subsidiaries.
3. If The CLIENT’s website is found in violation of ANY ethic or code of conduct THE WEB DESIGN Z will report The CLIENT’s website to law enforcement agencies and/or governmental authorities, and actively assist and cooperate with the appropriate legal entities to collect information about The CLIENT, the website, the illegal or obscene content, and about ANY other person or entity that may have inappropriately accessed, acquired, or used the illegal or obscene content. In addition to The CLIENT’s indemnification obligations set forth elsewhere in this Agreement, The CLIENT agrees to defend, indemnify, and hold harmless THE WEB DESIGN Z. and each of its officers, directors, employees, agents, affiliates, co-branders or other partners, divisions, and employees of any of the foregoing, from, against, and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim in connection with your website (including, but not limited to, website content) or the URL, and (ii) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including reasonable legal fees and expenses (whether incident to the foregoing or to THE WEB DESIGN Z’s enforcement of said rights or defense and indemnity).
Preliminary Design Policies:
All draft concepts or preliminary designs previewed by The CLIENT are for The CLIENT’S review and comment purposes only. THE WEB DESIGN Zreserves the right to freely utilize and/or reproduce ANY ideas, images, logos or illustrations design elements etc. created by THE WEB DESIGN Zthat are not part or the final product for The CLIENT’s project. THE WEB DESIGN Z. retains the rights to concepts, comprehensives and all artwork involved in the design process prior to The CLIENT’S final artwork, and is granted the right to use these files in promotional, informational and marketing materials.
Project Revisions Policies:
1. ANY and all revision requests or project additions and/or alterations must be submitted to THE WEB DESIGN Zin writing. Revisions may be discussed verbally, however work will not commence until The CLIENT submits the revisions in writing to THE WEB DESIGN Z. The CLIENT understands that revision work, along with requests for project additions or design alterations will be billed on an hourly basis. Revision work is not done free of charge unless otherwise arranged in writing.
2. The CLIENT must provide design guidelines to THE WEB DESIGN Z for the development of the agreed project. THE WEB DESIGN Z will work very hard to fulfill The CLIENT’s specifications so extensive revisions are not necessary. The original project estimate includes reasonable revisions (up to 2), but if The CLIENT requests ongoing or larger number of drafts or revisions, or changes the original design guidelines he/she provided to THE WEB DESIGN Z, additional fees will apply to the project.
General Rules:
Third Party Programs/Software Rules:
THE WEB DESIGN Z may utilize certain software components, platforms and/or programs from third parties in the development of The CLIENT’s projects. Such programs will be utilized with the purpose of facilitating and/or improving the development, efficiency, quality and capabilities of projects including but not limited to websites, E-commerce, hosting, E-mail forms, dynamic maps, functions, design elements and others. THE WEB DESIGN Z makes no warranties or endorsements and does not accept any liabilities in respect to ANY third-party software. The CLIENT agrees to hold THE WEB DESIGN Z harmless from ANY and all claims brought for any malfunction or defect arising from any third-party material.
Licensing Rules:
THE WEB DESIGN Z may acquire licenses on behalf of The CLIENT to utilize or run some programs on specific projects. These software or programs will be subject to licensing terms imposed by the owner of the software. The CLIENT agrees to abide to these licensing terms and to not transfer or modify any licenses to any other project(s) than what was originally contracted with THE WEB DESIGN Z.
Client’s Log in Rules:
THE WEB DESIGN Z will provide certain information to The CLIENT for future management of his/her project. This information may include but is not limited to log in for E-mails, website, control panel, content management system etc. The CLIENT will be solely responsible for guarding and maintaining this information confidential at all times. The CLIENT agrees to indemnify and hold THE WEB DESIGN Z. or any of its divisions harmless in the event that this information is mismanaged and/or misplaced and consequently becomes available to the public.
Fees and Payment Rules:
1. THE WEB DESIGN Z does not engage in trial-and-error work. Our portfolio has been made public and accessible, so our potential clients can determine whether the style and quality of our work is a good fit for their organization. Preliminary work or design concepts will not be produced for anyone prior to entering a formal contractual obligation.
2. All of our prices, packages, design elements, design features, advanced elements and others have been made public and accessible, so our potential clients can determine whether our pricing structure is a good fit for their organization. A separate contract will be entered directly with The CLIENT detailing project description, total cost of project, and services time frame.
3. All project quotations are estimates with a validity of 30 days. THE WEB DESIGN Z’s work will not commence unless there is a formal relationship entered with The CLIENT via a Signed Contract and activation or setup payment is submitted upfront with THE WEB DESIGN Z. All work projects are on a pre-paid basis, due and payable at point of sale (amount based on type of project selected by The CLIENT) and then payments will be on a recurring monthly basis in advance of each billing cycle, throughout the Term of the Agreement.
4. THE WEB DESIGN Z does not add any hidden fees to work orders. In the event that The CLIENT requests changes to the original work order, THE WEB DESIGN Z will provide written notification of the additional costs involved and The CLIENT will need to submit an acknowledgment form to THE WEB DESIGN Zwith the respective payment. No work will be done unless The CLIENT has his/her account up to date.
5. ANY payments such as activation, setup payments, monthly payments or other payments will ONLY be accepted via Credit Cards. The CLIENT must provide a valid Credit Card to enter into a formal relationship with THE WEB DESIGN Z., and must authorize an automatic monthly installment payment for services rendered. Due to the customization of our CLIENT’S project, more detailed payment policies may be listed in the written contract THE WEB DESIGN Z. will enter directly with The CLIENT.
6. Our work whether it includes graphic design, marketing, consulting etc., is a professional service, not a returnable item. The CLIENT will be billed for the time and expertise of our graphic designers, art/creative directors, consultants and project managers. THE WEB DESIGN Z. charges for services by the hour and does NOT and will NOT refund ANY amounts under ANY circumstances. Exceptions on billing may apply when a specific amount has been negotiated in writing with The CLIENT or when a package deal has been contracted with The CLIENT and it is specified in a written contract.
Payment Schedule Rules:
1. All payments will be made to the order of THE WEB DESIGN Z.
2. All Customized Website Subscription Services fees are due on the 1st of the month. These fees will be automatically charged to the Credit Card that The CLIENT provided and authorized for monthly billing. THE WEB DESIGN Z. will not be sending monthly invoices; all deductions will be done automatically.
3. For other work including but not limited to set up fees, maintenance, updates, changes, additions of elements, and others, fees will be charged to The CLIENT’s Credit Card on file automatically upon completion of the work. If The CLIENT wishes to charge a different card he/she must provide new Credit Card information with corresponding authorization before work can commence.
4. When adding new pages to The CLIENT’s website, the cost per additional page will be added onto the existing Website Monthly Subscription Service fee.
5. If The CLIENT wishes to remove a page from their existing website, the existing Website Monthly Subscription Service fee will be adjusted to reflect that change. Note The CLIENT’s Website Monthly Subscription Services can’t go below the monthly base fee.
6. The CLIENT is responsible to maintain a valid Credit Card with THE WEB DESIGN Z. at all times. If The CLIENT’s Credit Card is processed and payment is declined, or if card has insufficient funds, THE WEB DESIGN Z. will charge an additional $35.00 service fee. If THE WEB DESIGN Z. has to chase The CLIENT to receive payments, additional fees will be added to The CLIENT’s account.
7. THE WEB DESIGN Z will suspend ALL project related work if The CLIENT fails to submit the scheduled payment after a period of 15 days.
8. No partial payments will be accepted. Partial payments will be considered as Default and equally penalized with late fees until full payment is received.
9. The CLIENT’s account will be considered in Default if payment has not been received within 30 days of its due date. If this occurs, in addition to all applicable fees The CLIENT’s account will be charged 10% APR on all the remaining balance.
10. If account is 30 days past due, The CLIENT’s project will be immediately removed from the Internet and a re-activation fee of $35 will apply.
11. If The CLIENT’s account is 45 days past due, it will be considered Delinquent and THE WEB DESIGN Z will immediately disconnect ALL of The CLIENT’s services without notification. To avoid further action The CLIENT must submit full remaining balance including all applicable fees and interest.
12. After 60 days of default, The CLIENT’s account will be sent to a collection agency, and The CLIENT will be responsible for ANY and ALL the expenses THE WEB DESIGN Z. may incur to collect The CLIENT’s balance, including but not limited to legal expenses, collection expenses and ANY other related or associated fees.
Hosting Rules:
1. THE WEB DESIGN Z will provide managed website hosting services to The CLIENT once a formal hosting contract is entered and payment for the specific hosting package is received by THE WEB DESIGN Z. The CLIENT must pay hosting invoices on time to avoid late fees, penalties or service interruptions among others. If The CLIENT defaults payment on the due date, a $25.00 fee will be automatically added to his or her account. On the 30th day account will be disconnected and The CLIENT will need to pay the past due balance, a re-connection fee of $35.00 and the $25.00 late fee before re-connection can take place. No exceptions.
2. In the event that THE WEB DESIGN Z interrupts hosting services as consequence of CLIENT’s breach of contract due to payment default, The CLIENT agrees to indemnify and hold THE WEB DESIGN Z. harmless for ANY claim resulting from ANY loss of E-mail communication or information that results from the disconnection.
3. The CLIENT is responsible to maintain his/her domain name active with the corresponding domain name server, and provide access to THE WEB DESIGN Z as needed. THE WEB DESIGN Z will not be responsible for keeping domain name active, or for renewing or paying for it unless otherwise specified in written contract.
4. THE WEB DESIGN Z does NOT and will NOT host ANY site, which contains or promotes illegal products, illegal services and adult information of any kind. In addition, The CLIENT agrees not to send any SPAM related to any site from any computer or any E-mail accounts established and hosted by THE WEB DESIGN Z. If The CLIENT ignores this policy he/she will be subject to immediate termination without exception or warning.
5. The CLIENT will agree that all domain names and ANY material submitted for publication on THE WEB DESIGN Z’s servers through The CLIENT’s account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, and violations of privacy, computer viruses, hacking, and ANY harassing, libelous, defamatory, offensive and/or harmful material. THE WEB DESIGN Z retains the right and final opinion regarding whether ANY portion of a site falls within one of these categories. Violations to THE WEB DESIGN Z’s Hosting Terms Of Service will result in immediate account termination and THE WEB DESIGN Z. reserves the right to charge The CLIENT with up to $250.00 as a cleanup fee.
6. THE WEB DESIGN Z does NOT and will NOT engage or share any visions or opinions found on website contents hosted for CLIENTS including but not limited to political, ethnic, religious, sexual and other preferences. Anyone quoting THE WEB DESIGN Z. or any of its divisions, employees, and subsidiaries, or engaging THE WEB DESIGN Z. or any of its divisions, employees, and subsidiaries, in ANY activities without our knowledge and/or our prior written consent will be prosecuted and penalized to the full extent of the law.
7. THE WEB DESIGN Z uses reasonable precautions to keep the information disclosed to us secure. We are not responsible for ANY breach of security or for any actions of any third parties that receive The CLIENT’S information.
8. If The CLIENT discloses personal information online through E-mail, forums, blogs, discussion lists, or unsecured pages, Facebook, twitter and other public sites, he/she is sharing information that can potentially be collected by others despite the security measures in place by the sender and/or recipient of such messages. We are not responsible for such third-party privacy policies or how they treat the information they collect from their users. The CLIENT will be solely responsible for his/her actions when submitting personal information and will hold THE WEB DESIGN Z. and all its divisions, employees, and subsidiaries harmless of ANY claims arising from these actions.
9. We reserve the right to refuse or cancel service at our sole discretion. Failure to comply with ANY of our policies will result in immediate termination of services. No refunds will be issued under these circumstances.
10. THE WEB DESIGN Z will not guarantee performance for websites that are not hosted on THE WEB DESIGN Z’S servers. By hosting with another company, The CLIENT understands and agrees that ANY and all future technical concerns must be filled by The CLIENT’s selected hosting company or by THE WEB DESIGN Z for a fee. In addition, The CLIENT will be fully responsible for checking that the selected hosting provider is compatible with THE WEB DESIGN Z’s website requirements. Furthermore, if The CLIENT selects a different hosting company other than THE WEB DESIGN Z, he/she agrees to hold THE WEB DESIGN Z harmless for malfunction or ANY problems that may arise as consequence of using third party hosting services.
Project Cancellation Rules:
The CLIENT understands and agrees that in the event he/she terminates the Customized Website Subscription Services prior to the completion of his/her Customized Website Services, The CLIENT will be subject to a cancellation penalty or cancellation fee.
Cancellations will be treated as follows:
1. The Client understands that he/she can cancel services within the first 15 days of entering the contract ONLY before project is completed and delivered. At this cancellation stage set up fee will not be returned and The CLIENT agrees not to seek recovery of those fees, or fees of ANY nature from THE WEB DESIGN Z. or any of its subsidiaries, divisions including but not limited to THE WEB DESIGN Z.
2. If The Client cancels services after 15 days of entering the contract, a cancellation fee will be applied that is equivalent or totaling 1 year of service fee as stated in the original contract.
3. If The Client cancels services within the second year of entering the contract, a cancellation fee will be applied that is equivalent or totaling 6 months of service fee as stated in the original contract.
4. If The CLIENT purchased any Customized Website Services and THE WEB DESIGN Z. waived the initial set up fee, or advanced elements programming fee, or advanced features programming fees, or offered The CLIENT a discounted set up for advanced elements and/or design features, THE WEB DESIGN Z. shall have the right to charge The CLIENT, and The CLIENT agrees to allow THE WEB DESIGN Z. to charge the provided credit card an additional Two Hundred and Fifty Dollars ($250.00), should The CLIENT choose to cancel the Customized Website Subscription Services after the Website Services have started and before the completion of the term as stated in the original contract.
5. Fees for the Customized Website Subscription Services on suspended or terminated accounts will continue to accrue and The CLIENT will continue to remain responsible for all pending payments of any fees that accrued during the period of suspension.
6. The Client understands and agrees that after contracted time expires Subscription Services will automatically renew for a yearly basis without notification to The Client, unless a written cancellation is received 30 days prior to the expiration of the Subscription.
7. The Client understands and agrees that when Website Subscription Services are terminated all related services including but not limited to website, hosting, E-mails, will cease to exist and they will not be transferrable to any other provider.
THE WEB DESIGN Z Website Content:
1. Unless otherwise specified in writing, all images, artwork, text and graphics, herein, are copyrighted to THE WEB DESIGN Z. All rights reserved. All other websites or work pieces contained or listed within THE WEB DESIGN Z’s website are copyrighted and/or trademarked to their respective owners.
2. The information presented on the THE WEB DESIGN Z’s website is copyrighted to THE WEB DESIGN Z. and for informational purposes only, with the exception of some stock photos, graphics and layouts provided by third parties. The content on this website may be updated regularly and THE WEB DESIGN ZGROUP’s CLIENTS’ will be responsible to keep up to date with the information made available to them. No Exceptions.
3. ANY third-party use of THE WEB DESIGN Z’s website content, work, whether it is graphic or written material is strictly forbidden without the written approval of THE WEB DESIGN Z. All artwork, text, photos, graphics, animation, designs, and material are copyrighted to THE WEB DESIGN Z. and may not be downloaded, reproduced, copied, resold or distributed without the written consent of THE WEB DESIGN Z.
4. Our legal representatives will pursue and prosecute those who attempt to copy ANY of our website content, including but not limited to our work, or the work we have developed for ANY of our CLIENTS. In addition, we will prosecute those who falsely claim, promote, or list our company, our work and ANY of our CLIENTS’ projects as part of their portfolio pieces.
Legal Provision:
1. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in ANY way. English is the language of these Terms and Conditions and shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions.
2. The CLIENT hereby agrees to defend, indemnify and hold harmless THE WEB DESIGN Z. and its subsidiaries, divisions, branches, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of The CLIENT’s violation of ANY of these Terms and Conditions. Furthermore, in the event of a dispute The CLIENT shall pay all court associated costs, THE WEB DESIGN ZGROUP’s legal expenses and ANY expenses, including, without limitation, reasonable attorneys’ fees, incurred in connection therewith.
3. If THE WEB DESIGN Z. and The CLIENT have need for legal recourse to settle ANY dispute, the case will be handled and have exclusive venue by a court of law having jurisdiction in the State of TEXAS where THE WEB DESIGN Z. Offices are Headquartered within the United States of America Judicial System.
Consent to this Agreement:
By using the THE WEB DESIGN ZGROUP’S website you consent to the above listed terms. THE WEB DESIGN Z. reserves the right to modify our policy regularly and as needed and The CLIENT will be responsible for keeping up to date and adhering to ANY and all modifications.
Contact Us
If you have any questions or concerns about this Privacy Policy, or if you would like to exercise your privacy rights, please contact us at info@thewebdesignz.com
THE WEB DESIGN Z
