1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and WebsitesMakeover.com.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using WebsitesMakeover.com’s services, including but not limited to, submission of content to WebsitesMakeover.com’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.
WebsitesMakeover.com 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 WebsitesMakeover.com’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 WEBSITESMAKEOVER.COM 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 WEBSITESMAKEOVER.COM services including the purchase of additional services or additional websites or accounts at a later date.
2. Description of Service
WEBSITESMAKEOVER.COM develop 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 WEBSITESMAKEOVER.COM’s services may include certain communications from WEBSITESMAKEOVER.COM such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to WEBSITESMAKEOVER.COM’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 WEBSITESMAKEOVER.COM’s services.
3. Electronic Delivery Policy
WEBSITESMAKEOVER.COM is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from WEBSITESMAKEOVER.COM any notices, agreements, disclosures, or other communications (Notices). Client agrees that WEBSITESMAKEOVER.COM may send electronic Notices in either of the following ways 1) To the email address provided to WEBSITESMAKEOVER.COM at the time of sale or 2) to the new email address account Client set up through WEBSITESMAKEOVER.COM. Client agrees to check the designated email addresses regularly for Notices. Notice from WEBSITESMAKEOVER.COM is effective when sent by WEBSITESMAKEOVER.COM, regardless of whether the Notice is read or received by Client.
5. Unacceptable Practices
As WEBSITESMAKEOVER.COM strives to offer the very best service; there are certain guidelines and policies that must govern WEBSITESMAKEOVER.COM’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 WEBSITESMAKEOVER.COM’s services. Such decisions are at the sole discretion of WEBSITESMAKEOVER.COM. Unacceptable practices include, but are not limited to adult or pornographic material.
6. Intellectual Property Policy
WEBSITESMAKEOVER.COM respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. WEBSITESMAKEOVER.COM may terminate accounts for copyright or trademark infringement, or for any other reason WEBSITESMAKEOVER.COM deems appropriate as it may relate to Client’s use of another’s intellectual property.
WEBSITESMAKEOVER.COM will not use copyrighted or trademarked materials. It is Client’s responsibility to ensure that all content submitted to WEBSITESMAKEOVER.COM 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.
Client content that is sent to WEBSITESMAKEOVER.COM will remain the intellectual property of the Client. WEBSITESMAKEOVER.COM 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. WEBSITESMAKEOVER.COM will attempt to honor requests to return original content; however, WEBSITESMAKEOVER.COM has no liability and does not guarantee the return of any content to Client.
Domain names and Hosting Service are sold separately and are provided by a 3rd party company that WebsitesMakeover.com has no association with.
7. Website Construction Procedure
With help and input from the Client, WEBSITESMAKEOVER.COM 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 WEBSITESMAKEOVER.COM through WEBSITESMAKEOVER.COM’s online Web Center.
In submitting content, links to sample sites the Client likes are for general information purposes only and assist WEBSITESMAKEOVER.COM 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 WEBSITESMAKEOVER.COM’s invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
WEBSITESMAKEOVER.COM 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.
8. Client Approval
Client is responsible for testing the functionality of the website upon WEBSITESMAKEOVER.COM’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 WEBSITESMAKEOVER.COM. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website may be posted live within 30 days from purchase if WEBSITESMAKEOVER.COM is required to complete content and design without complete Client input or content from Client.
9. 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.
10. Website Change Requests Before and After Website Goes Live
WEBSITESMAKEOVER.COM 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 WEBSITESMAKEOVER.COM’s standard hourly rate. WEBSITESMAKEOVER.COM is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If WEBSITESMAKEOVER.COM does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Client will be provided with instructions to input products into the store. If Client requests WEBSITESMAKEOVER.COM 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 WEBSITESMAKEOVER.COM’s standard product-entry rates. Client is required to submit store content to WEBSITESMAKEOVER.COM via WEBSITESMAKEOVER.COM’s content spreadsheet. 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 WEBSITESMAKEOVER.COM’s standard hourly rate for requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon WEBSITESMAKEOVER.COM’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. WEBSITESMAKEOVER.COM 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.
12. 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 WEBSITESMAKEOVER.COM 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.
13. Email Accounts
Based on the hosting support package purchased, email accounts are also provided. Email accounts may be set up and used immediately upon Client’s purchase of website. Client does not need to wait until custom website is live to use email accounts.
14. Technical Support
WEBSITESMAKEOVER.COM’s technical support department should be contacted at email@example.com for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. WEBSITESMAKEOVER.COM provides technical support for email and down time issues that are caused by WEBSITESMAKEOVER.COM. 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 WEBSITESMAKEOVER.COM’s hourly rate and that WEBSITESMAKEOVER.COM may charge Client’s account for such technical support fees.
If Client uses WEBSITESMAKEOVER.COM’s technical support services, including but not limited to screen share sessions, Client acknowledges and understands that WEBSITESMAKEOVER.COM does not warranty that technical support services will meet Client’s requirements or be error free.
15. Use and Storage
Client acknowledges that WEBSITESMAKEOVER.COM may establish general guidelines and limits concerning use of WEBSITESMAKEOVER.COM’s services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on WEBSITESMAKEOVER.COM’s servers on Client’s behalf. , Client acknowledges that WEBSITESMAKEOVER.COM is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by WEBSITESMAKEOVER.COM may be lost if data loss occurs after a scheduled backup by WEBSITESMAKEOVER.COM.