The following Services Agreement ("the Agreement") contains the terms and conditions which govern client services provided by Website Solutions, LLC., DBA All City Solutions. The Terms of service apply unless an alternate agreement has been outlined within your signed proposal or contract.
Proposals and Contracts
Contracts or Proposals provided to prospects will be honored for 30 days from Proposal Date. A new Contract or Proposal may be provided upon request. The clients approval shall be obtained for any increase in fees or expenses that exceed the original estimate by 10% or more unless otherwise agreed upon in writing. Modifications of the proposal or contract must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were verbally authorized in order to progress promptly with the work. The signature of both parties shall evidence acceptance of these terms.
Payment of Development Fees
Projects will be divided into payments outlined in the proposal agreement. Deposits are non-refundable. All remaining balances will be due upon acceptance of the completed project before it is released to the client or published to the internet.
All payments will be made in U.S. Dollars and are payable to Website Solutions, LLC or All City Solutions.
Invoices are due and payable upon receipt. A 1 1/2% monthly service charge is payable on all overdue balances older than fourteen (14) days from invoice date. The client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Fees, Hourly Rates and Hosting
If the client has not activated a monthly service package or has requested services outside the parameters of a service agreement, Website Solutions, LLC current rates will apply. There is a 30 Minute minimum on all hourly billed work.
Copyrights and Trademarks
Infringement of any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The client represents to Website Solutions, LLC and/or its agents and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other items furnished to Website Solutions, LLC, are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Website Solutions, LLC and its subsidiaries from any claim or suit arising from the use of such elements.
Domain Name Services
A. Webmaster Managed Domains: If client chooses to register a domain name with Website Solutions, LLC the domain name service is $14.99/year*. If the clients’ desired domain name is available, at the request of the client, a Website Solutions Representative will register domain name and park domain name as part of this service.
If the client has already registered a domain name or chooses to register a domain name elsewhere, and would like Website Solutions, LLC to manage the domain, a $25* fee per domain name will apply for transfer, which includes one additional year of service.
Website Solutions, LLC automatically renews domain names at the end of each domain term unless notified in writing prior to the domain expiration by the client to cancel the domain service. If a client fails to pay for domain renewal within 30 days of invoice, the domain will become the property of and ownership will be transferred to Website Solutions, LLC.
B. Client Managed Domains: If the client does not choose to register a domain name with Website Solutions, LLC, the client is solely responsible for registering and maintaining domain service. The client will also be responsible for renewing their domain name and any fees in conjunction with that registration.
Website Solutions, LLC will make the best efforts to provide quality and uninterrupted services however, Website Solutions, LLC does not warrant that the domain, hosting or any of the services provided by Website Solutions, LLC will be uninterrupted or error free. In no event will Website Solutions, LLC or its agents be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate client’s domain service, hosting space, or website even if Website Solutions, LLC has been advised of the possibility of such damages.
Web Signature & Promotion
Website Solutions, LLC reserves the right to add a link(s) to All City Solutions web site from the published pages of the clients’ web site. The client is in agreement that Website Solutions, LLC may use the clients’ website, name, company name, logo, and/or testimonial to promote the services and products offered by Website Solutions, LLC.
Right to Refuse and Cancellation of Services
Website Solutions, LLC reserves the right to refuse service for any reason or terminate this or any project or agreement for services at anytime with or without notice. All City may also cancel without refund, a project if a client is threatening, hostile or assaults an All City employee or representative physically or verbally.
No service fees will be refunded. In the event of cancellation, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client. Ownership rights of all graphics created by All City Solutions remain copyrighted to All City Solutions.
Client may cancel services using the designated cancellation of services form or with advance notice in writing only to the billing department by mail. There are no refunds on development project deposits, hosting, SSL certificates, administrative fees, install fees for custom software, or domain name purchases. Client understands that there will be no reimbursement and no pro-rate if he/she decides to terminate the services before the end of a package term, regardless of the reason for the termination. Website Solutions, LLC can terminate the agreement immediately without any compensation if the client does not comply with the Terms of Service.
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Client shall indemnify, defend by counsel reasonably accepted by Website Solutions, LLC, protect and hold harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by Website Solutions, LLC to the client.
By using any Website Solutions, LLC services, you agree to binding arbitration. If any disputes or claims arise against Website Solutions, LLC or its subsidiaries, an arbitrator of Website Solutions, LLC choice, will handle such disputes. All decisions rendered by that arbitrator will be binding and final. The client is also responsible for any and all costs related to such arbitration.
Website Solutions, LLC makes no warranties of any kind, expressed or implied for services we provide and disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Website Solutions, LLC and its employees. Website Solutions, LLC shall not be responsible for any damages your business may suffer.
Please note that by submitting your down payment for services you are agreeing to all of our terms of service as written here. All City Solutions reserves the right to change or update these terms at any time without prior notice.