
Terms of Service (TOS)
The Agreement
The following Services Agreement ("the Agreement") contains
the terms and conditions which govern client services provided
by Website Solutions, LLC.
Proposals and Contracts
Quotes provided to prospects will be honored for 30 days. A
new quote will then be provided upon request. Contracts that
have been written, but not signed by the client will only be
accepted within 30 days of the delivery date. A new contract
may be drawn up upon request. The fees and expenses shown in a
proposal are minimum estimates only. Final fees and expenses
shall be shown when invoice is rendered. The clients approval
shall be obtained for any increase in fees or expenses that
exceed the original estimate by 10% or more. 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 orally 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 two payments. An initial 50%
deposit will be due at signing of the website
proposal/agreement. The remaining 50% balance will be due upon
acceptance of the completed project before it is released to
the client or published to the internet.
Payment Schedule:
50% Deposit paid prior to project commencement
50% Due upon completion of project
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
Use of our services to infringe upon 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.
Warranty
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 agreement at anytime with or
without notice.
No monthly 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 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.
Non-Communication
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.
Indemnification
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.
Arbitration
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.
Disclaimer
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.
Acceptance
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.
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