SitesToGo, Inc. agrees to furnish services to the "Client," subject to the following Web Design Terms of Service (WDTOS).
Use of SitesToGo, Inc. Services constitutes acceptance and agreement to both SitesToGo, Inc.'s Web Design Terms of Service (WDTOS) and SitesToGo, Inc.'s AUP (Acceptable Use Policy). The WDTOS and AUP may be changed from time to time at the discretion of SitesToGo, Inc.. Client understands that changes to the WDTOS and / or the AUP by SitesToGo, Inc. shall not be grounds for early contract termination or non-payment by the Client.
Adherence to Acceptable Use Policy (AUP):
- Client agrees not to allow SitesToGo, Inc. equipment and services to be used for activities specifically prohibited by the SitesToGo, Inc. Acceptable Use Policy (AUP). It is the Client's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Client's responsibility to regularly check for updates. Clients must not allow SitesToGo, Inc. resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
- Client agrees to compensate SitesToGo, Inc. for any expenses SitesToGo, Inc. may incur resulting from Client's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 per hour during normal business hours. Emergency investigations are charged double-time at $198 / hour with a one hour minimum.
- Client is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. SitesToGo, Inc. will endeavor to assist Client but SitesToGo, Inc. is not responsible for protecting Clients from hackers and their actions and use of Client's server.
- SitesToGo, Inc. does not monitor Client content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
- SitesToGo, Inc. does not issue refunds for terminating service due to suspected AUP violations.
The named client is engaging SitesToGo, Inc., as an independent contractor for the specific web design project of developing and/or improving a website, hereinafter referred to as "web design project" to be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes SitesToGo, Inc. to access this account, and authorizes the Hosting Service to provide SitesToGo, Inc. with "full access" to the client's account, and any other programs needed for this web design project that are included as part of the client's service agreement/level. The client also authorizes SitesToGo, Inc. to submit the completed web design project to major Web Search Engines if that service is purchased.
Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. SitesToGo, Inc. guarantee that the website we design for you will work in the following specific browsers and later versions available during development (no beta versions are supported) :
While SitesToGo, Inc. will make every effort, always, to design a fully functional website, our guarantee does not cover AOL, text-based browsers, or any requested special effect that we have advised you against.
- Microsoft Internet Explorer 7.x, 8.x
- Firefox (Mac and Windows) 3.x, 4.x
- Safari 3.x, 4.x
Accessibility for People with Disabilities
SitesToGo, Inc. standard is to meet as many as possible of the currently recommended guidelines for website development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our websites are available to all visitors.
Assignment of web design project:
SitesToGo, Inc. reserves the right to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.
Copyright and Trademarks:
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SitesToGo, Inc. for inclusion in the web design project 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 SitesToGo, Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
This agreement allows for minor website maintenance to pages over a 1-month period, up to an average of one half hour per regular website, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 months begins on the date the clients web design site has been published to client's hosting service. If the client's web design package includes database access using programming languages, then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates.
SitesToGo, Inc. and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than the verbal amount of days or as specified in your Project Proposal after the client has submitted all necessary materials. If a schedule must be extended beyond the original agreement, the party requesting the extension will inform the other party within 5 days. If the client has not submitted all the required contents within 60 days of project start or if extensions are greater than 45 days without agreement by SitesToGo, Inc., a continuation fee of 15% of the total agreed price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.
The website design project will be published to the client's hosting service upon receipt of the final payment. The client understands that SitesToGo, Inc. provides hosting services in connection with this web design project. The client agrees to select a hosting service. If the client chooses a SitesToGo, Inc. Hosting Service, the client agrees to the SitesToGo, Inc. hosting terms of service. The Hosting service needs to allows SitesToGo, Inc. full access to the client's account via FTP. The client will be solely responsible for all hosting service charges.
Electronic Commerce Laws:
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend SitesToGo, Inc. and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
Web Design Project Copyright:
SitesToGo, Inc. owns copyright to the finished web design site produced by SitesToGo, Inc. The client will be assigned rights to use the web design project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of their respective owners. SitesToGo, Inc. and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a copyright/legal page with a link to SitesToGo, Inc. website.
Copyright to source code and computer programs which are specifically not transferred to the client remain the property of their respective owners. SitesToGo, Inc. and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a copyright/legal page with a link to SitesToGo, Inc. website.
Payments must be made promptly based on the schedule below. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. Bounced checks are subject to a service charge of $75.00 for each bounced check. SitesToGo, Inc. reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective upon starting any webdesign/development projects. Any dispute will be litigated or arbitrated in Santa Cruz County, US. Please pay on time. All payments will be made in US funds.
Each Web design may come with a project proposal since each website designed by SitesToGo, Inc. is unique. Each Project Proposal may contain a Purpose, Description of Services (whether it is a re-design, template design, or custom design, programming etc.), Delivery Date, Estimated Time of Completion, Conclusion, and Cost of the Web Design Project. your project proposal may be delevered to you by electronic mail, or by regular mail. If Project Proposal is presented, it must be signed and returned to SitesToGo, Inc.. Please speak with your SitesToGo, Inc. Representative for delivery instructions of your Project Proposal if presented with one.
Limitation of Liability, Indemnification:
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all SitesToGo, Inc. services and facilities at your own risk. SitesToGo, Inc. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall SitesToGo, Inc. be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold SitesToGo, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SitesToGo, Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SitesToGo, Inc. against liabilities arising out of;
- Upon the discovery of facts which reasonably indicate that SitesToGo, Inc. has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Client shall promptly notify SitesToGo, Inc. of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Client must commence any legal action against SitesToGo, Inc. with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to SitesToGo, Inc. as requested by Client anytime during the twelve (12) month period following such notification, SitesToGo, Inc. shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Client for all incidents, problems, and/or failures up to a maximum of all sums paid to SitesToGo, Inc. for service fees. Payment will be made via company check from SitesToGo, Inc.. The remedies set forth in this paragraph are Client's sole and exclusive remedies should SitesToGo, Inc. breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
- The parties acknowledge and agree that SitesToGo, Inc. shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Client, Client's Client or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
- SitesToGo, Inc. is not responsible for data or content maintained and distributed by SitesToGo, Inc. facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. SitesToGo, Inc. DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SitesToGo, Inc. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
SitesToGo, Inc. shall be the sole judge of what violates this Policy.
- any injury to person or property caused by any products sold or otherwise distributed in connection with SitesToGo, Inc.'s server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from SitesToGo, Inc.'s server.
SitesToGo, Inc. is only responsible to the present owner of the subscribed service. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information.
The foregoing indemnification obligation shall survive any termination of SitesToGo, Inc. provided to the Client.