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Congratulations
on choosing Heritage Internet Technologies!
1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you
(Client) and Heritage™ Web Design, LLC (Heritage, HWS or
HIT), a Utah limited liability company, and its legal
successors and assigns. Heritage may do business under
the names Heritage™ Web Solutions, or Heritage™ Internet
Technologies (HIT), among others.
By accepting this Terms of Service (TOS) electronically
or in writing, and/or by using HWS’ services, including but
not limited to, submission of content to HWS’ 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.
HWS 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 at
http://www.heritagewebdesign.com/tos.html.
Failure to comply with the TOS may result in account
termination. By using HWS’ 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 HWS 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 HWS
services including the purchase of additional services or
additional websites or accounts at a later date.
2. Description of Service
HWS designs and hosts 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 HWS’
services may include certain communications from HWS such as
advertisements, notices, service announcements and
newsletters. Client is responsible for obtaining access to
HWS’ 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 HWS’ services.
3. Electronic Delivery Policy
HWS is a website-related business and communicates with its
Clients electronically. When Client accepts this TOS
Client consents to receive electronically from HWS any
notices, agreements, disclosures, or other communications
(Notices). Client agrees that HWS may send electronic
Notices in either of the following ways 1) To the email
address provided to HWS at the time of sale or 2) to the new
email address account Client set up through HWS. Client
agrees to check the designated email addresses regularly for
Notices. Notice from HWS is effective when sent by HWS,
regardless of whether the Notice is read or received by
Client.
4. Privacy Policy
Personal data and certain other information about the Client
are subject to HWS’ Privacy Policy. For more
information see the privacy policy at
http://www.heritagewebdesign.com/privacy.html. By
using HWS’ services Client also agrees to the most current
version of HWS’ Privacy Policy.
5. Call Monitoring and Recording Privacy Statement
As part of HWS’ commitment to providing the best possible
service HWS may monitor and record phone calls answered by
HWS and made by HWS. HWS may also archive recorded
voice mail messages. HWS records calls for training
purposes, to improve customer service, and to ensure an
accurate record of Client calls, which may be needed to
support transactions that take place over the phone.
This allows HWS to identify how HWS can better serve its
customers.
6. Unacceptable Practices
As HWS strives to offer the very best service, there are
certain guidelines and policies that must govern HWS’
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 HWS’ services. Such decisions are at the
sole discretion of HWS. Unacceptable practices
include, but are not limited to:
- Adult or pornographic material including, but not limited
to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort
services), or other sexually oriented material
Nudity, including airbrushing (exceptions granted on a
case-by-case basis if for medical or artistic purposes)
- Lingerie websites
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or
destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable
organization (exceptions granted on a case-by-case basis at
HWS’ discretion)
- Gambling, gaming, lotteries, and like activities
- Harmful, threatening, violent, abusive, harassing, tortuous,
vulgar, obscene, libelous, invasive of another’s privacy,
racial, chauvinistic, ethnically offensive, complaint
websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.\
- Illegal activities such as ponzi schemes, pyramid schemes,
fraudulent charging of credit cards, copyright violations,
plagiarism,
- piracy, and all unauthorized use of
materials or content that infringes on third parties’
intellectual properties
- MLM without a legitimate product or service, with a front
product or service, or where the primary intent is to
recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Prescription drugs and related content
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable
local, state, national or international law.
- Reselling of email accounts or hosting accounts to third
parties.
- Reselling of any HWS services including, but not limited to,
design services, updates, and WTD to third parties without a
written re-seller agreement.
- Spamming and all other forms of unsolicited messages
including, but not limited to, spam, chain letters, and junk
email
- Links to other sites that are in violation of Heritage Web
Solutions’ policies and guidelines
- Other activities, whether lawful or unlawful, that HWS deems
to be in poor taste or that reflect adversely on HWS or HWS’
other clients
- HWS reserves the right to refuse to design or host an
account at its sole discretion at anytime.
As an HWS Client, you agree to conduct your business in a
legal and professional manner. Client understands that
all information, data, text, software, music, sound,
photographs, video, messages and other material (Content) on
Client’s website is the sole responsibility of the Client.
Client is fully responsible for all website content and
agrees to hold HWS harmless in the event of third parties’
legal issues brought against Client for Client’s business
practices. HWS retains the right to terminate any accounts
that are in violation with the letter or spirit of this TOS.
HWS may also at its sole discretion and at any time,
discontinue providing services, or any part thereof, with or
without notice. If an account is terminated by HWS for a
TOS violation the Client is not eligible for a full refund
and any refund is subject to the Cancellation Fee and Refund
Policy. (See Termination)
As an HWS Client you may have access to editing tools for
your website. Client may edit, add or delete content
to the website at anytime. With this understanding HWS
may or may not pre-screen content. HWS shall have the
right (but not the obligation) to pre-screen and refuse or
remove any content at its sole discretion. Client
agrees that Client bears all risks associated with the use
of all content, whether edited or written by HWS or not,
including any reliance upon accuracy, usefulness or
completeness.
Client acknowledges that HWS may access, preserve, and
disclose Client’s account information and content if
required to do so by law or in a good-faith belief that such
access, preservation, or disclosure is reasonably necessary
to comply with legal processes, enforce the TOS, provide
customer service or protect the rights, property, or safety
of HWS and the public.
7. Intellectual Property Policy
HWS respects intellectual property laws, including those
applicable to copyright and trademark, and the intellectual
property of others. HWS may terminate accounts for
copyright or trademark infringement, or for any other reason
HWS deems appropriate as it may relate to Client’s use of
another’s intellectual property. If you believe your
work has been copied and is accessible on an HWS’ website
please see HWS’ Intellectual Property Policy at
http://www.heritagewebdesign.com/ipp.html.
HWS will not use copyrighted or trademarked materials on any
Client’s website without the express written consent of the
copyright or trademark owner. It is Client’s
responsibility to ensure that all content submitted to HWS
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. (See Unacceptable Practices).
Client content that is sent to HWS will remain the
intellectual property of the Client. HWS 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. HWS will attempt to honor requests to
return original content; however, HWS has no liability and
does not guarantee the return of any content to Client.
Domain names purchased by HWS and website designs,
databases, stores, or programs created by HWS are the
property of HWS until Client has paid all fees including one
full year of monthly hosting. (See Domain Names
Purchase/Hosting Agreement)
8. International Use
Recognizing the global nature of the internet, Client agrees
to comply with all local rules regarding online conduct and
acceptable content. Specifically, Client agrees to
comply with a) all laws and regulations regarding the
transmission of technical data exported from the United
States, or the country in which Client resides and/or
transacts business, and b) all laws and regulations
regarding the collection and processing of personal data,
including those relating to the transborder transfer of
personal data.
9. Interstate Communications
Client acknowledges that by using HWS’ services Client will
be causing communications to be sent through HWS’ computer
networks, which may be located throughout the United States.
Due to the nature of electronic communications, even
communications that seem to be intrastate can result in the
transmission of interstate communications. Client
acknowledges that use of HWS’ services results in interstate
data transmissions and may result in transborder transfer of
personal data. Client hereby consents to the
collection, processing and transborder transfer of such
personal information as Client may provide or make available
to HWS.
10. Website Construction Procedure
With help and input from the Client, HWS will prepare the
appropriate custom design and work with the content provided
by the Client for development of the site. Client must
submit content to the design department before site
construction begins on the custom website. Client must
submit content through the Online Design Packet (ODP).
Client must electronically accept the TOS before access is
granted to the ODP. After content is submitted by the
Client the website is developed. Prior to the website
being taken live the client will receive a missing
information notification if content is incomplete.
Client will then have two weeks to submit complete content.
If complete content is not received the website will then be
taken live “as-is”. If the website is taken live
without all of the pages completed due to incomplete content
those pages may be banked and developed in the future using
Client’s design time.
In submitting content through the ODP, links to sample sites
the Client likes are for general information purposes only
and assist HWS 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 HWS’
invoice and do not infringe upon the intellectual property
rights of others.
The design and content layout are completed by the designer
and presented to the Client for approval.
After the Client approves the website, the website will go
live. The HWS QC team may review the text before site goes
live to correct any possible errors. HWS 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
that the website is now live.
Client understands, agrees and acknowledges that HWS does
not guarantee a time frame for completion of ANY custom
website. A custom website cannot be completed without
submission of complete content, design approvals and
participation from the Client. If Client continues
submitting additional content throughout the design process,
the design time frame is increased. If Client does not
submit complete content and HWS is not able to start or
complete the custom website design, Client is still
responsible for all fees incurred including, but not limited
to, set-up, enhancement and monthly hosting charges that
begin accruing from date of sale. If Client’s website
requires custom programming, functionality, flash,
e-commerce or the use of a database, the overall development
time will be extended.
Client is provided with a space holder immediately after
sale. Upon request, Client is also provided with an
optional welcome website shortly after the initial sale.
The welcome website is a temporary website Client can modify
and send customers to while the custom website is being
built. Client may choose not to have a welcome website if
so desired
11. Client Approval
Client is responsible for testing the functionality of the
website upon HWS’ 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. 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.
The Client understands and agrees that if the Client does
not respond within 5 business days to HWS’ request for
approval and notification that the website has been
completed, the website along with the functionality of the
website and services rendered, will be deemed to be approved
by the Client, and the website will be taken live “as-is”.
The Client understands and agrees that if the Client does
not respond to requests for missing information a final
notification will be sent to the Client. If the Client
does not respond within 5 business days to HWS’ notification
or requests for missing information, the website, along with
the functionality of the website and the services rendered,
will be deemed to be approved by the Client, and the website
will be taken live with the missing information “as-is” or
“under construction”.
In the event that HWS completes all of the work per the
original sale and database write ups, HWS reserves the right
to move the site live and deem the work to be completed
without Client’s permission if Client will not give approval
of the work.
12. Website Change Requests Before and After Website Goes
Live
HWS 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 HWS’ standard hourly rate. HWS is not
obligated to complete Client requests or changes outside of
the scope of work on the original invoice. If HWS does
not agree to Client requests or changes, Client is still
obligated to pay all fees incurred and due.
13. Database/Programming
HWS does not guarantee a time frame for completion of ANY
custom database or custom programming. A custom
“Database Specifications Summary” may be presented to the
Client. HWS agrees to complete the database design
according to the specifications outlined. If the Client
does not object or respond to the Database Specifications
Summary in writing within 5 business days it will be deemed
to be accepted by the Client and HWS may proceed with
development of the custom database as outlined. A
Database Specifications Summary may not be presented to the
Client for purchase of pre-built database modules and
e-commerce store modules.
If Client requests changes to a pre-packaged database,
pre-built database module, or e-commerce store module,
changes are to be billed to Client at HWS’ standard hourly
rate. There is no guarantee that changes made by HWS
to a pre-packaged database, pre-built database module, or
e-commerce store module will work. Client agrees
charges are valid and agrees to pay for all fees incurred
for Client’s requested changes to pre-packaged databases,
pre-built databases modules, or e-commerce store modules.
Once work has begun on a database or custom programming
there is No Refund if cancelled.
Client is responsible for testing the functionality of the
website upon HWS’ request for approval and notification that
the website has been completed. This includes, but is
not limited to, testing the functionality of the custom
database or programming. 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.
HWS will instruct Client as to the use of the custom
database and the inputting of data related to such database.
However, data entry is the sole responsibility of the
Client. If the Client requests HWS to enter data into
the database, the Client will be charged, and agrees to pay,
for such data entry at HWS’ standard data entry rates.
14. E-commerce/Stores
Client is required to submit store content via HWS’ content
spreadsheet. HWS will input up to 20 products free of
charge. The Client will be provided with instructions
to input any additional products into the store. If
the Client requests HWS to enter additional products
exceeding the original 20, the Client will be charged, and
agrees to pay, for each product added to the store at HWS’
standard product-entry rates. 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 HWS’
standard hourly rate for requested changes. (See
Database/Programming)
Client is responsible for testing the functionality of the
e-commerce store upon HWS’ request for approval and
notification that the website has been completed. This
includes but is not limited to testing the payment
functionality. HWS 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.
15. 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 HWS 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.
16. Expedited Services
While HWS does not guarantee a time frame for the completion
of any custom website, it may offer an optional expedited
service to Client for a fee. Expedited service is not
available for all accounts and all requests for expedited
service must be approved by HWS at its sole discretion.
Client understands and agrees that Client’s use of expedited
service does not guarantee that Client’s website including
its corresponding design, enhancements, databases,
e-commerce stores, flash, etc, will be completed more
quickly than they would be without the use of the expedited
service. The expedited service fee only ensures that
HWS will make reasonable efforts to more quickly assign
designers and programmers to the account in an effort to
facilitate development than would be the case under the
ordinary developmental process.
The successful use of expedited service is contingent upon
Client’s timely acceptance of the Terms of Service, payment
of any and all fees due, completion of the Online Design
Packet (ODP), acceptance of any project specification
documents prepared by HWS and Client’s timely cooperation
with HWS in any solicitation for information related to the
website’s development.
If expedited service is offered to Client by HWS, Client may
be presented with an estimated date of completion.
Client understands and agrees that such estimated dates of
completion are estimates only and may apply only to one
particular element of the website, i.e. database, flash,
e-commerce, design, and not necessarily to multiple elements
of the website or to the website collectively. Under
no circumstances will HWS guarantee the respective portion
or portions of the website subject to the estimated date of
completion to be completed sooner than the estimated date of
completion. Should circumstances arise that make it
impossible to complete the portion or portions of the
website that are subject to the estimated date of completion
by the estimated date of completion, including but not
limited to Client failure to provide HWS with requested
information in a timely manner, HWS reserves the right to
change the estimated date of completion accordingly or to
cancel the expedited services and refund a portion of the
expedited service fee to Client. In no case shall the
portion of the expedited service fee to be refunded be
greater than fifty percent (50%) of the expedited service
fee. Regardless of whether work is completed by the
estimated date of completion, Client remains liable to HWS
for any and all other charges related to the website’s
development.
17. Additional Services
Client may purchase at an additional monthly cost additional
services offered by HWS. Additional monthly services
may include, but are not limited to, the Web Traffic
Director program (WTD), spam filters, and back-up software.
Additional monthly services include a monthly fee that is
incurred and billed every month beginning from the date of
purchase of the additional service. HWS will Not
Refund any fees incurred for additional services or paid by
the Client prior to the cancellation effective date for the
additional service. Any fees invoiced and incurred are
valid and Client agrees to pay. Additional services
purchased may be cancelled with 30 days written notice.
18. 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. To begin using email accounts
Client should contact Technical Support at
support@hwsinet.com.
19. Technical Support
HWS’ technical support department should be contacted at
support@hwsinet.com
for any concerns with Client email accounts or any problems
with hosting or functionality of the website after the
website is live.
If Client uses HWS’ technical support services, including
but not limited to screen share sessions, Client
acknowledges and understands that HWS does not warranty that
technical support services will meet Client’s requirements
or be error free. (See Disclaimer of Warranties and
Limitation of Liabilities.)
20. Customer Service
Heritage Web Solutions strives to offer the best service
available. Customer service complaints or concerns
should be emailed to
service@hwsinet.com
21. Use and Storage
Client acknowledges that HWS may establish general
guidelines and limits concerning use of HWS’ 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 HWS’ servers on Client’s behalf. HWS
periodically backs up the websites it hosts. However,
Client acknowledges that HWS 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 HWS may be lost if data loss
occurs after a scheduled backup by HWS.
22. Server Security Practices
HWS utilizes security practices that comply with standards
set by the Payment Card Industry (PCI) in maintaining its
servers. HWS will not modify its shared-hosting server
settings and configurations to Client’s individual
preferences. HWS routinely scans its servers to ensure
compliance with good security practices. Unauthorized
security scanning and penetration testing of shared-hosting
servers by the Client is strictly prohibited.
HWS at its sole discretion may allow or perform server
administration and or customization to client accounts that
are hosted on a virtual private server (VPS) or a private
server. Such server customization and administration
is subject to HWS standard hourly rates and Client agrees to
pay for any and all such customizations requested.
If Client uses its website to collect, store, display,
process or otherwise use sensitive or confidential
information including but not limited to credit card
information, social security numbers, credit or financial
information, medical or health care related records,
insurance records, sales records, personal information, etc,
then HWS at its sole discretion may require Client to
utilize certain services to improve the security of Client’s
website. Such services may include security
certificates, hosting Client’s site on a Virtual Private
Server (VPS) or on a private server, and using programming
that encrypts the sensitive or confidential information used
by Client’s website. Client understands and
acknowledges that there may be costs associated with these
services and agrees to pay for said services if use by
Client. HWS reserves the right to terminate Client
accounts that refuse to meet HWS’ security requirements for
Client’s website.
23. Updates to Live Website/Design Time
Based on Client’s hosting package, HWS may provide 4 to 12
hours annually of free updates and changes or “design hours”
that are available to Client to use after the website is
live. After the website is live, Client may wish to
make changes or updates to the website from time to time.
Most changes can be made using HWS’ online editors. The
online editors may not be available for all websites, or all
pages of a website. Availability of the online editors is
dependent upon the functionality and specifications required
for the Client’s website. For changes that cannot be
made with the editors, Client may use available HWS design
hours. These changes must be requested by logging into
Client’s account in the Web Center and selecting “Request
Update”. Design hours can be used for modifying the
design or layout of the website. Design hours cannot
be used toward the completion or modification of databases,
custom programming, e-commerce or flash or other
enhancements that must be purchased. Changes or
updates that exceed the Client’s available “design hours”
will be billed to the Client at the standard hourly rate.
Client updates are responded to in the order that they are
received. Update requests are generally assigned to a
programmer within 24 business hours of their receipt.
HWS makes no representations or guarantees with respect to a
time frame for the completion of Client update requests.
The nature, size and complexity of the update request as
well as the total number of update requests being processed
at any given time will affect the time required to complete
an update request.
HWS is not responsible for any changes Client makes to
website, or if Client breaks the website. Time
required by HWS to repair changes made by Client will be
billed to Client at HWS’ standard hourly rate if it exceeds
available “design hours”.
24. Domain Names Purchased/Hosting Agreement
Monthly hosting is billed 60 days from the date of sale and
is recurrently billed every 30 days thereafter.
Monthly hosting is billed from the date of sale, regardless
of the date the website goes live, because hosting costs are
incurred immediately. Server space is secured for the
developing website and/or for existing Client domain names.
In addition, email accounts and support are available from
the date of sale and are paid for with monthly hosting fees.
Client agrees to a one year hosting commitment with HWS.
Domain names purchased by HWS and website designs,
databases, stores, or programs created by HWS are the
property of HWS until Client has paid all fees including one
full year of monthly hosting. At that time ownership
of the site and its functionality, and domain name may be
transferred to the Client’s control upon receipt of the
Client’s written request. Sham purchases of sites may
not be transacted with the intent and/or result of having a
site built, then transferring the site to another hosting
provider. Clients may buy-out their hosting by paying
12 months of hosting in advance if they wish to transfer the
domain name and content to Client’s control prior to one
year of paid monthly hosting. HWS expressly reserves
the right to retain one copy of any website designs,
databases, stores, flash, programs, writings, or any other
work created for Client for evidentiary purposes.
Upon transfer of domain and/or website to Client or another
service provider, at anytime, Client agrees that HWS has met
in full its obligation to Client, and HWS is released of all
past and future obligations to the client. Additional
work and/or hosting done for Client must be agreed to in
writing and paid for by Client.
Domain names are purchased through a third party service.
HWS cannot guarantee the availability of domain names and
has no liability for a domain name not being available for
purchase after the initial sale. If a domain name is
not available for purchase HWS will assist the Client in
selecting and purchasing an alternate domain name.
Domain names already owned by the Client remain the property
of the Client and renewal of the domain name is the Client’s
responsibility. The renewal of any domain names
transferred to the Client is the responsibility of the
Client. Upon cancellation or termination of Client’s
account, HWS will no longer renew any domain names
associated with the account and Client assumes sole
responsibility for their renewal thereafter.
25. Marketing Representations
HWS makes no representations as to the marketing of Client’s
products, services or sales. Client’s obligation to
pay fees due to HWS are due at time of sale of website
design and hosting services and are not contingent upon
Client’s marketing of said website. Client is
responsible for all marketing of Client’s website. HWS
is not responsible for marketing of Client’s website
including search engine rankings.
26. 90-Day Satisfaction Guarantee
Heritage Web Solutions provides a 90-day satisfaction
guarantee. HWS will continue to change and modify the
Client’s website to Client’s liking, within 90 days from the
date of sale or until the website is taken live, whichever
comes first, at no additional cost, provided that said
revisions are part of the original sale and are not
enhancements to the original sale. Changes to the
website made after 90 days from the date of the initial
sale, or after the website is taken live, will first be
billed to the Client’s design time hours available based
upon the monthly hosting package purchased by the Client.
Changes to the website that exceed the design time hours
will be billed to the Client at HWS’ standard hourly rate
over and above the initial design fee paid. HWS does
not guarantee that the website designed will be exactly what
the client has envisioned. HWS’ best effort will be
given for the 90-day satisfaction guarantee but HWS is not
obligated to complete multiple redesigns or modifications.
While HWS may agree to make requested changes and to bill
the Client’s design time or bill the Client directly, HWS is
not obligated to complete Client requests or changes outside
of the 90-day satisfaction period. If HWS does not
agree to Client requests or changes, Client agrees and is
still obligated to pay all fees incurred and due.
27. Billing Policy
The initial design set-up fee is due and billed in full at
the time of the original sale. (Installment payments
may be accepted for the set-up fee only if agreed to in
writing per the original invoice.) Monthly hosting is
billed and due every month beginning 60 days from the date
of the original sale. The Client hereby requests that
HWS renew and bill monthly hosting fees every 30 days
thereafter, unless the Client cancels in writing after 12
months of monthly hosting fees have been paid.
Monthly hosting and additional services fees may be billed
on the 1st or 15th of each month to coincide with HWS’
billing cycles. The amount of the initial design
set-up fee and monthly hosting fees are detailed on the
original invoice confirming amounts of sale. Monthly
hosting amounts may vary depending upon the hosting package
selected by Client.
HWS reserves the right to change prices at any time
including monthly hosting amounts and hourly design fees.
HWS accepts payment via wire transfer, check, credit card
and EFT debit from Client’s bank account. Upon
Client’s authorization of payment to HWS via credit card, or
EFT debit payment, Client thereby authorizes all recurring
monthly hosting and/or additional services fees to be
charged to the same method of payment, credit card or EFT
account for future charges until such authorization is
withdrawn by Client in writing.
The Client may change payment methods including credit card
and EFT debit payments with 30 days notice. To change
payment methods Client should contact HWS’ billing
department. Client should not email new billing
information for security purposes.
HWS reserves the right to hold Client, its principals and
authorized representative(s) jointly and severally liable
for any and all amounts owed.
28. Billing Disputes
HWS charges up to a $25.00 fee for returned checks and a
$200.00 fee to handle unauthorized credit card disputes.
If HWS does not receive payment in full when due, HWS may,
to the extent permitted by the law of the state of the
billing address on file for Client at the time, charge a
late fee of up to 1.5% per month (18% per annum), or a flat
fee of $5 per month, whichever is greater, on any unpaid
balance. HWS may, to the extent permitted by the law
of the state of the billing address on file for Client at
the time account is sent to a collection agency, also charge
Client for any collection agency fees and/or attorney’s fees
billed to HWS for collecting from Client. HWS does not
agree to, and will not honor, any limiting notations made by
a Client on a check.
If Client wishes to dispute a charge Client must first
contact HWS’ billing department and must allow 10 business
days for a response. To avoid any dispute about
Client’s attempt to contact HWS, Client must send the
request in writing to:
Attn: Billing Department, Heritage Web Solutions, 1460
Moonriver Dr, Provo UT 84604.
Requests may be emailed to
billing@hwsinet.com.
If Client chooses to send request by email, a copy of the
request must also be sent by mail as confirmation.
If Client initiates a credit card dispute the decision of
the credit card company is made through an arbitration
process and the decision of the credit card company shall be
binding upon Client.
29. Termination/Cancellation of Services
HWS, at its sole discretion, may terminate its service and
remove and discard any content, for any reason, including
and without limitation, for lack of use, or if HWS believes
Client has violated the TOS. HWS may also at its sole
discretion and at any time, discontinue providing services,
or any part thereof, with or without notice. Client
agrees that any termination of access to HWS’ services under
any provision of this TOS may be effected without prior
notice and that HWS may deactivate or delete Client’s
account and all related information files. Client
agrees that HWS shall not be liable to Client or any
third-party for any termination of services. Paid
accounts that are terminated will not be refunded. HWS
may suspend or terminate accounts, and shut down website for
accounts, that become delinquent for more than 30 days, in
which case Client remains responsible for any unpaid balance
owed to HWS. Charges for monthly hosting will continue to
incur for delinquent accounts until Client’s one year
hosting obligation has been met even if account has been
suspended or terminated. HWS also reserves the right to
discontinue the designing of Client’s website at any time,
at HWS’ sole discretion, with an appropriate refund to the
Client. Under no circumstances is the refunded amount
to exceed the amount collected by HWS.
If the Client cancels an account before the work is
completed or site is live, a cancellation fee is retained
per the Cancellation Fee and Refund Policy.
Client agrees that all fees incurred and billed prior to
cancellation effective date are valid and Client agrees to
pay. Upon request for termination of services the
website will be removed. A back-up copy of the website
is not maintained by HWS.
Client agrees to pay all hosting fees and additional
services fees owed from the time of sale until the
cancellation effective date, and at a minimum for hosting
fees for one year. Transferring a domain name to
another provider or non-use of Client’s hosting account does
not constitute termination of the account. Client must
notify HWS in writing or via email to terminate the account
services and avoid further monthly hosting charges. It
is Client’s responsibility to secure confirmation from HWS
that the request for termination has been received and no
further hosting fees will be billed.
Requests for cancellation of website hosting services or
additional services should be sent to the following address:
Attn: Billing Department, Heritage Web Solutions, 1460
Moonriver Dr, Provo Ut 84604
Requests may be emailed to
cancel@hwsinet.com.
If Client chooses to send request by email, a copy of the
request must also be sent by mail as confirmation.
30. Cancellation Effective Date
Client may terminate hosting services with 30 days written
notice, after one full year of paid hosting. The
effective date of cancellation is to be 30 days from the
date of HWS’ receipt of written notice to cancel. Any
monthly fees scheduled to bill after receipt of written
notice to cancel but before the effective date of
cancellation are valid and client agrees to pay.
If Client has not paid all design, enhancement, hosting and
additional services fees due, such fees are due in full at
the time of cancellation and Client authorizes HWS to
collect any outstanding fees due, subject to the
Cancellation Fee and Refund Policy. Client understands
any pending billing for design fee installments previously
agreed to will not be cancelled.
31. Cancellation Fee and Refund Policy
WEBSITE DESIGN/DEVELOPMENT - Refunds of the fees paid for
development of the website may be issued on accounts
cancelled within 90 days of the initial sale and prior to
the completion of the website according to the following
schedule:
A) A minimum of a 50% cancellation fee
will be retained by HWS on cancelled accounts even if no
work has been started and no content yet submitted by the
Client.
B) A minimum of a 75% cancellation
fee will be retained by HWS on cancelled accounts if work
has been presented to the Client; or HWS has made multiple
attempts to work with the Client, and Client has not
responded to those attempts.
C) A 100% cancellation fee will be
retained by HWS and NO REFUND issued if any changes and/or
modifications requested by the Client have been completed by
HWS. No Refund will be issued on any website cancelled
after services have been rendered, including but not limited
to, the design work having been completed and/or the website
taken live.
D) 100% cancellation fee will be retained
and NO REFUND will be issued by HWS if Client cancels after
90 days from the initial sale.
MINIMUM CANCELLATION FEE – Client agrees that a minimum
cancellation fee of 50% will be retained by HWS on all
cancelled accounts even if no work has been started.
The cancellation fee is charged to compensate HWS for
up-front expenses and services rendered, including but not
limited to, costs incurred for the purchase of domain
name(s) for developing the website, securing server space,
creating the temporary website or space saver, employee
expenses, marketing, and overhead costs.
ENHANCEMENT SALES - A 100% cancellation fee will be retained
by HWS and NO REFUND will be issued once work has begun on
any enhancements purchased, including, but not limited to,
databases, programming, logos, flash, galleries, rollovers,
e-commerce stores, security certificates, design time,
domain names, etc. A minimum cancellation fee of 50%
will be retained on cancelled expedited services.
Client agrees that a minimum cancellation fee of 50% will be
retained by HWS on all cancelled enhancement purchases if
cancelled within 90 days of the enhancement sale and if work
has not yet begun. NO REFUND will be issued by HWS if
client cancels after 90 days from the enhancement sale.
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.
MONTHLY HOSTING – Client agrees that there is NO REFUND of
monthly hosting fees or monthly additional services fees
incurred or paid by the Client prior to cancellation date.
Client agrees that all fees incurred and billed prior to
cancellation date are valid and Client agrees to pay.
(See Termination).
By accepting a refund in full or refund less cancellation
fee, Client agrees that the matter is settled in full and
releases HWS, its officers, owners, members, agents and
employees of any and all contractual obligations and waives
all claims of any nature, including legal action, against
HWS’ its officers, owners, members, agents and employees.
32. Account Transfer
Requests for transferring the ownership of a website or
hosting account from Client to a new owner must be completed
in writing by both the current account owner and the new
designated owner. The transfer is not valid until a
signed request is received by HWS in writing which is to
include payment authorization and new billing account
information from the new owner, documentation of the
ownership transfer (purchase agreement etc), documentation
of copyright transfer, and acceptance of HWS’ TOS by the new
owner.
33. Heritage Web Solutions Proprietary Rights
Client acknowledges and agrees that HWS’ services may
contain proprietary and confidential information that is
protected by intellectual- and proprietary-rights laws.
Client agrees to not reproduce, duplicate, copy, sell,
resell or exploit any portion of HWS’ services.
34. Use of Client Information
Client hereby agrees that any information or ideas submitted
to HWS by any means may be used by HWS without compensation
or liability to Client for any purpose whatsoever, including
but not limited to, developing websites, databases,
e-commerce and developing, manufacturing and marketing other
products. This provision does not apply to Client
content or to personal information that is subject to HWS’
Privacy Policy.
Client herby gives permission to HWS to use samples or links
to Client’s custom website designed by HWS for marketing and
advertising purposes, including but not limited to, use in
HWS’ online portfolio.
35. Third-Party Services
From time to time third parties may offer services or
software to HWS’ clients, clients may request the use of
third-party services or software, or HWS may suggest the use
of third-party services or software to its clients.
Use of such third-party services will be at Client’s own
risk and subject to the terms and conditions of those third
parties. It is Client’s sole responsibility to ensure
that the use of third-party services or software complies
with third-party terms of use and licenses, these Terms of
Service, and any and all applicable laws. Client
assumes full responsibility for, and releases HWS from, any
and all liability associated with the use of third-party
services or software. HWS does not represent nor
warrant that use or access to any third-party services will
be compatible, uninterrupted, error free, without defects or
that Client will be able to access HWS’ services.
Client also agrees that HWS is under no obligation to
provide Client with any enhancements, updates, or fixes to
make HWS’ services accessible through any third-party
applications or services, including third party hosting
services. HWS is under no obligation whatsoever to
provide support or service for websites hosted on third
party servers or non-HWS servers.
36. Contract Service Providers
HWS may contract with Contract Service Providers to complete
a portion, or all of the Client’s custom website. The
Client agrees not to do business directly with the Contract
Service Provider, nor to remit payment to the Contract
Service Provider or any HWS employee directly for services.
All payments for services rendered must be made directly to
HWS. Contract Service Providers are independent contractors
and are required to follow company policies and procedures.
Contract Service providers are provided with only the
information needed to complete the design or development
portion of the Client’s website and do not have access to
Client’s personal information including payment information.
37. Disclaimer of Warranties
CLIENT’S USE OF HWS’ SERVICES IS AT CLIENT’S OWN RISK.
HWS’ SERVICES ARE PROVIDED “AS IS”. HWS DISCLAIMS TO
THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS. HWS DISCLAIMS ANY WARRANTIES REGARDING HWS’
SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S
REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE. HWS DISCLAIMS ANY WARRANTIES
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
HWS’ SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC.
HWS DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF
CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. HWS
DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED,
ADVERTISED OR OBTAINED THROUGH HWS’ SERVICES, OR LINKS
PROVIDED BY HWS’ SERVICES, AS WELL AS FOR ANY INFORMATION OR
ADVICE PROVIDED BY HWS OR OBTAINED THROUGH LINKS PROVIDED
THROUGH HWS’ SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF HWS’ SERVICES ARE
DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR
LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO
CLIENT.
38. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT HWS, ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF HWS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR
INABILITY TO USE HWS’ SERVICES, RELIANCE ON HWS’ SERVICES,
OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF HWS’
SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH HWS’
SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF
CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT
OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO HWS’
SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR
ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED
IN ANY WAY TO HWS’ SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
Without limiting the foregoing, under no circumstance shall
HWS be liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces
or causes beyond its reasonable control, including without
limitation, internet failures, computer equipment failures,
telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, storms,
explosions, or other casualties, illness, accidents, acts of
God, war, governmental actions, orders of domestic or
foreign courts or tribunals, non performance of third
parties, or loss of or fluctuations in heat, light or air
conditioning. HWS’ full and complete liability, for any
reason whatsoever, shall be limited to the full refund of
all monies paid to HWS.
39. Tort Claims and Other Claims
Client waives all tort claims, strict liability claims and
any and all other legal and equitable claims to the extent
permitted by law against HWS, its subsidiaries, affiliates,
officers, employees and agents. The relationship
between the parties is contractual in nature only.
Client waives any tort claims that arise by act, or
omission. Client further agrees that it may only bring
claims against HWS in Client’s individual capacity and not
as a member of a class.
40. Indemnification
Client agrees to defend, indemnify and hold harmless HWS,
its directors, officers, employees and agents from and
against all claims and expenses, including attorneys’ fees
that may arise or result from any content Client submits,
posts, transmits or makes available through HWS’ services,
from any product sold by Client, its agents or employees or
assigns, from any service provided or performed or agreed to
be performed by HWS or from Client’s breach or violation of
the TOS, including any obligation, representation, or
warranty made herein, or Client’s violation of any rights of
another. Client further agrees to defend, indemnify
and hold harmless HWS, its directors, officers, employees
and agents from and against all claims and expenses,
including attorneys’ fees, arising from or related to
contracts, representations, agreements, promises, etc, made
between Client and third parties, or arising from or related
to Client’s negligence toward third parties.
41. Notice
Unless otherwise specifically provided, all notices required
or permitted by this Agreement shall be in writing and in
English and may be delivered personally, or may be sent by
email, facsimile or certified mail, return receipt
requested, to the address set forth below. If
Client chooses to send request by email or facsimile, a copy
of the request must also be sent by mail (to the address
below) as confirmation of the request.
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Heritage Web Solutions
1460 Moonriver Dr
Provo Ut 84604
Attn: President |
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42. Contact Heritage Web Solutions
Client may contact HWS at 801-655-1600 M-F from 8:30 –5:00
MST. Client may visit our website at
www.heritagewebdesign.com at any time. Client may
also email HWS at the following department email addresses:
43. Negative Comments/Slander
Client specifically agrees not to engage in negative
comments or slander regarding HWS, including but not limited
to publishing, or causing to be published, complaints or
derogatory comments regarding HWS in any format, including
but not limited to, print, newspaper, television, radio or
on internet complaint sites, blogs or other public internet
forums. Should there be a breach of this condition HWS
will be entitled to liquidated damages in the amount of
$2,500.00 for each publishing or posting. If said
breach occurs on an internet complaint site each hit to that
website will be considered an individual breach of this
condition, and subject to additional liquidated damages of
$100 per occurrence. Further, HWS shall be entitled to
litigate this matter, and obtain the money damages together
with injunctive relief. The prevailing party to that
litigation shall be entitled to an award of attorney’s fees.
44. Severability; Waiver
In the event that any provision hereof is found invalid or
unenforceable pursuant to judicial decree or decision the
remainder of this Agreement shall remain valid and
enforceable according to its terms. The failure by HWS
to avail itself of any right or enforce any obligation of
this agreement shall not be deemed to be an ongoing waiver
of such right or obligation or of any other right or
obligation.
45. Jurisdiction
This agreement shall be governed exclusively by the laws of
the State of Utah, USA, without regard to any conflicts of
law provisions thereof, as a contract entered into and
performed entirely within the State of Utah. The
parties herby expressly disclaim the application of the
United Nations Convention on the International Sale of
Goods. Any disputes between the parties relating to the
subject of this agreement shall be submitted exclusively to
the jurisdiction of the state or federal courts located in
the State of Utah, Counties of Utah or Salt Lake, and the
parties expressly consent to personal jurisdiction and venue
therein and waive any objection based on forum non
conveniens or otherwise.
46. Arbitration
Notwithstanding the foregoing, in lieu of litigation,
arbitration may be used as a means of resolving disputes.
Arbitration would be through a neutral third-party
arbitrator to be approved by both Client and HWS. If
any court sitting outside the United States determines that
the litigation forum or arbitration provisions of this
agreement are invalid, then and only then, the parties agree
to settle any dispute through binding arbitration by three
arbitrators, in the English language, under the commercial
arbitration rules of the International Chamber of Commerce,
with the location of the arbitration to be in a neutral
jurisdiction (not the country of residence of the Client or
of HWS) as selected by HWS.
47. Governance
HWS may investigate any reported violations of this
agreement, its policies or any other complaints and take any
action it deems appropriate to protect its systems,
facilities, Clients, and/or third parties.
48. Electronic Signatures
Selecting and submitting “accept” on the electronic copy of
the TOS, submitting content through the ODP, making payment,
or submitting information or documents to HWS so that HWS
may perform services for the client, the same shall
constitute an electronic signature as defined by Utah’s
Uniform Electronic Transactions Act, Utah Code Ann. 46-4-101
et seq.
49. Affiliated Companies or Name Change
HWS reserves the right to subcontract services or assign the
ongoing servicing of your account or this entire Agreement
to another party at its sole discretion. This
agreement shall not be affected by any change in the name of
Heritage Web Design, LLC, it’s DBAs or any other affiliated
companies, or any condition, merger or acquisition of
Heritage Web Design, LLC and shall be automatically assigned
to any successor entity of Heritage Web Design, LLC and
shall continue in effect thereafter in accordance with its
terms.
50. General Information
This Agreement constitutes the entire understanding and
contract between the parties and supersedes any and all
prior oral or written agreements (including, but not limited
to, any prior versions of the TOS). Any modifications to
this agreement must be in writing and signed by an
authorized officer of HWS. All representations not in
writing are null and void. Written agreements may
include, but are not limited to, emails and electronic
acceptance of this Terms of Service. Client agrees that
regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to the use of
Heritage Web Solutions’ services or the Terms of Service
must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal
or contractual effect.
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