259 Web Design. (the “Company”, “we” or “us”) agrees to provide website design, graphic design and hosting services to you, subject to the following terms and conditions of service.
Use of our services constitutes acceptance of and agreement to the terms and conditions.
This Agreement shall be construed in all respects in accordance with the Common Laws of Canada.
Nature of Service: We will provide website design and/or website hosting services to you, 259 Web Design own all rights to graphic design and web design and transfer may be arranged with 30 days notice and fee equal to that of 5 years billings.
259 Web Design Credit must remain in footer as long as the design, theme and licensed plugins are in use. Credit can be removed for $300 one time fee.
259 Web Design own all rights to graphic design and web design and in the event of non payment, late payment design and website maybe taken down and even resold to recoup lost time and non payment of any and all invoices.
259 Web Design is not able to support every server and hosting package should your host not be up to standards. Hosting Companies need to be current and compliant with latest software and for this reason we only support with our Hosting and HostGator. In the event your host is a problem we will provide you with working website, its ftp and database.
If hosting is required or is not with 259 Web Design the development site will only remain on development server for 10 days. If you need extended time on development server please request time extension in email and only consider it agreed upon with email confirmation.
Service Rates: You acknowledge and agree that we have communicated to you the nature of the service provided, the initial rates and charges. You are aware that we may change the specified rates and charges from time to time. We will provide at least 30 days notice, by e-mail, to you prior to any rate increases. Any such e-mail communication will be deemed to have been received by you on the following business day from the date the e-mail was sent by us to you.
Failure to Pay: We may temporarily deny service or terminate and cancel this Agreement upon the failure of you to pay charges when due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees and may result in the resale of site and design content to recover loss.
Account Cancellation: Either party can cancel this Agreement for any reason with 30 days written notice.
Your Obligations Upon Cancellation: You agree to pay all outstanding fees, including those accrued during the cancellation notice period. If you have paid in advance for any services, such fees will be refunded for services not utilized to the end of the cancellation notice period.
Our Obligations Upon Cancellation: We will arrange transfer to you of any domain names that may have been registered on your behalf. We will provide you with a digital copy of all databases, software and images that were present under your domain name as of the date of cancellation. We make no representation as to whether such software will operate on any server other than the server upon which it was operating as of the day of cancellation. Further, we shall bear no responsibility for insuring that such software will operate on any other server. We will have no obligation, except at the Company’s sole discretion and at rates agreed upon in advance, to assist you in installing or maintaining the software on any other server after the date of cancellation. Clients 30 day notice must also accompany cancellation fee.
To the extent that such software provided to you includes proprietary software of the Company (including, but not limited to, Registration and Membership System as described in Company’s website, software to create and send interactive forms, image gallery software, and Content Management software), then we will provide you with a non-exclusive, perpetual, unsupported license to use such proprietary software for your own use. Such software cannot be used for any other purpose, sold, copied or distributed in any manner by you without the prior written consent of the Company and you will be liable for damages to us for any such use, sale, copy or distribution without the Company’s consent.
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that we shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. You further acknowledge that the Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the Company be liable for any business interruption, special or consequential damages, loss or injury.
Miscellaneous Provisions: You must provide us with, and keep current and complete, contact information including e-mail, postal mail, and telephone contacts.
A waiver by the Company of any breach of any provision of this Agreement by you shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
You shall not transfer or assign this Agreement without the prior written consent of the Company. We may assign this Agreement at anytime without consent from or notice to you.
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