Terms of Service
Terms of Service
Website Hosting and Support
The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to your use of our website and all services, features and/or content provided by WJD Designs (“WJD Designs,” “us,”, “our” ). WJD Designs is the trade name of WJD Designs LLC., with registered address: 70829 N Driftwood Dr, Edwardsburg, 49112 MI. By purchasing one or more Services from WJD Designs, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the WJD Designs website. It is essential that you read this TOS prior to purchasing any Service(s) from WJD Designs.
- APPLICATION OF TERMS
1.2. The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and WJD Designs. Sending an Order to WJD Designs constitutes acceptance by you of these TOS.
1.3. In addition to these TOS, all registrations of domain names are subject to the terms and conditions set out in our Domain Name Agreement, an integral part of these TOS. The Domain Name Agreement incorporates by reference the terms and conditions of the respective Registrar, its rules and regulations.
- ORDER. ACCEPTANCE OF ORDER BY WJD DESIGNS
2.1. In these TOS the method you use to choose which Service(s) to purchase or renew is referred to as an “Order.” First-time customers must purchase our Service(s) through our website. Existing customers may purchase or renew Services through the WJD Designs User Area, or by contacting our customer support team via chat, phone or ticket. You acknowledge and agree that all conversations with our customer support team shall be recorded and records of such conversations shall be treated as an Order for purchase or renewal of the respective Service(s).
2.2. Your Order will be deemed to be an offer by you to purchase the for Service(s) from us subject to these TOS No Order shall be deemed to be accepted by WJD Designs until we send you an email notification of our acceptance of the Order.
2.3. The date on which WJD Designs will provide notice of acceptance of the Order, shall be considered as the Effective Date of this Agreement. The Term of the Service(s) will commence as of the Effective Date. Upon expiry of the Term it can be renewed as described in our Renewal Policy.
2.4. You must be at least eighteen (18) years of age at the time you place your Order. By submission of an Order you declare that you are eighteen (18) years old or older and have the legal capacity to enter into an agreement with WJD Designs.
2.5. If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS, in which case the terms “you” or “your” shall refer to such legal entity. In the event that WJD Designs establishes that you do not have the legal authority to bind such legal entity, you will be personally liable for the obligations under these TOS.
2.6. By placing an Order to purchase our Services you declare that there is no other restriction to enter into an agreement with WJD Designs and you are not subject to trade sanctions, embargoes, and other restrictions.
2.7. You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). If your Order is flagged for review by any of these checks, it may require our manual review and approval. For such reason, we might ask you for additional information before we can approve and accept your Order. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays.
2.9. Orders that fail our Fraud Screen will not be approved and Service(s) will not be provided. In case an Order fails to pass the Fraud Screen, you will receive formal notice that your Order has been cancelled. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. In case your Order is cancelled and Service(s) are not activated, WJD Designs will reimburse you for all pre-paid fees within seven (7) working days as of the date of WJD Designs’s formal notice to you that your Order was cancelled. We have no liability for payment of any indemnification, compensation for damage or claims related to the Orders not approved because they have failed our Fraud Screen. No interest or other charges will accrue on the advance paid amounts.
- PERSONAL DATA. DATA PROCESSING AGREEMENT
4.1. For the purposes of these TOS “Service” or “Services” means any and all services provided by WJD Designs under these TOS including, without limitation, any of our subscription plans for hosting services, additional features, website migration services, domain name registration services, support services, third-party products and services, any other services which may be provided from time to time as set out on the portion of our website describing the individual Service (Service Pages).
4.2. The Services will be provided to you as configured for our standard customer. We might modify, update or upgrade the Services and/or add, remove or modify any software, functionality or configuration installed on or used by the Services at any time with or without prior notice. You will bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software as well as any other items you deem necessary to use the Services shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use.
4.3. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Services will be provided on “as-is basis”. The hardware configurations may vary. WJD Designs may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server, including to servers in another datacenter or geographic location, or modify certain software configurations when deemed necessary by WJD Designs in order to ensure the quality and security of the Services.
4.4. The proprietary and third-party software we offer as part of the Service(s) will be provided as-is and will be subject to availability and all warranty disclaimers and limitations of liability set out herein. Such software may have terms and conditions that are in addition to those set out in these TOS. You must agree to those terms to use the software. If you fail to do so, you will not be able to use the Service(s). Terms and conditions concerning the above mentioned third party software are incorporated by reference and links to any such terms and conditions are available in an appendix to these TOS.
4.5. We may assign an Internet Protocol (“IP”) address for your use. You shall have no right to use that IP address except as permitted by WJD Designs in our sole discretion in connection with the use of our Service(s). We shall retain ownership of all IP addresses assigned to you by WJD Designs. We reserve the right to change or remove any and all such IP addresses in our sole discretion. You acknowledge and agree that shared IP addresses assigned to you by WJD Designs shall be used by other customers as well.
- SERVICE LEVEL AGREEMENT (SLA)
5.1. WJD Designs’s Service Level Agreement sets out the performance you can expect from us. To the maximum extent applicable under national law and without affecting your rights as a Consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.
5.2. We guarantee network uptime 99.9% on an annual base. If we fall below the guaranteed network uptime, we will compensate you as follows:
- 99.9% – 90.00% uptime: 1 month free hosting
- An additional month of free hosting for every 10% of uptime lost below 90.00%.
5.3. You may check the status of your hosting server uptime from your User Area. You may contact our customer service team if you believe an SLA event has occurred. Compensation is limited to the length of your current Term, but cannot exceed twelve months.
5.4. The following events do not count towards our calculation of uptime:
- Scheduled maintenance;
- Emergency maintenance, hardware and software failure remedied under 1 hour;
- Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;
- Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
- Downtime caused by you, your own configuration, or third-party applications you use;
- Downtime caused when you reach the maximum resources allocation for your plan;
- Downtime caused by your violation of these TOS or any other policy announced on our website;
- Downtime during upgrade/downgrade of your Cloud or Dedicated Server resources;
- Downtime during processing of your technical support request(s); or
- Force majeure or any event beyond our control.
5.5. Our calculation of network availability is based on our internal records. We will not accept third-party reports as evidence that you are entitled to a compensation under this SLA.
- FEES AND PAYMENT
6.1. You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term or renewal term set out on the Order.
6.2. The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for use of the Service(s) exists between WJD Designs and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. WJD Designs reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.
6.3. All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Services.
6.4. In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. WJD Designs has no control over such fees.
6.5. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to WJD Designs. Domain name registration fees must be paid in full before your domain name registration will be processed.
6.6. In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize WJD Designs to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to WJD Designs, we will not be liable for non-provisioning the Service(s).
6.7. In case of payment via PayPal or a similar online payment provider, immediately after submitting your Order you will be directed to the web page of the payment provider, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.
6.8. You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any WJD Designs Service(s) you purchase or renew.
6.9. Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.
6.10. You are responsible for keeping at least one active payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the WJD Designs User Area.
6.11. You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorized by the owner of the card to use it for the purchase.
6.12. In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by WJD Designs, including without limitation, any court and legal fees and WJD Designs’s reasonable attorneys’ fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).
6.13. You acknowledge and agree that if your card issuer supports Recurring Billing Programs or Account Updater Services, we may participate in such programs or services. As part of these programs, your card issuer will send our payment processors updated information for your payment method(s) on file and we may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees. It is your responsibility to pay all fees due.
6.14. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Hosting Accounts or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.
6.15. Invoices are due immediately upon receipt. WJD Designs reserves the right to suspend and/ or terminate the Services until payment is made.
6.16. By accepting these TOS, you hereby authorize WJD Designs to send you invoices electronically at the email address specified in your User Area
6.17. Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement.
6.18. If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a “chargeback” based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.
6.19. Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. WJD Designs is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
- RENEWAL POLICY
7.1. All our Services are by default set to renew automatically, with the exception of Reseller Shared Hosting accounts and upgrades. You can adjust the renewal settings and/or renew Services manually from the WJD Designs User Area at any time before a Service is terminated.
7.2. All available Renewal Terms and the respective Renewal Fees are set out in your User Area. From time-to-time special promotions may be available only for manual renewal of your Services.
7.3. We will attempt to renew Services for which automatic renewal is enabled and charge the then current Renewal fee(s):
- fifteen days prior to the expiration of the current Term for all Services.
7.4. If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your User Area. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.
7.5. You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed.
7.6. You acknowledge and agree the Service(s) shall be terminated upon expiry of the term, unless you activate the automatic renewal option or manually renew the term of the Service(s). You agree that WJD Designs shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party, if we are unable to charge your payment method on file or you fail to renew the Services manually.
- MONEY BACK POLICY
8.1. If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it at any time. We recommend that cancellation requests are posted through your User Area.
8.2. Our Money Back Policy covers initial and renewal Orders for Shared Hosting and Cloud Services and most additional features we offer. For the initial period after an account is activated we will issue a full refund for Hosting Accounts and Services cancelled within 14 days of activation. For renewal fees we will issue a full refund, if cancellation is requested within 30 days from the date on which we receive payment for renewal and the renewal Term has not started. If the renewal Term has already started, we will refund the renewal fees less the fees due for the first month of the renewal Term. Refunds are processed within ten (10) business days after a Service is cancelled.
8.3. Services that are tailor-made to you, are not covered by our Money Back Policy. These include Domain name registrations, Dedicated Server Services, SSL certificates, Paid support services, including Backup Creation and Backup Restore, and third-party Services. In any case, domain name fees are not refundable and may be due upon cancellation even if waived initially as part of a special promotion.
8.4. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.
- CUSTOMER ACCOUNT
10.1. If you are a new customer, upon purchase of our Services we will create a Customer Account for you. Your Customer Account contains your personal details and grants you access to our User Area where you can access, review, update and manage your Services, payments and contact information.
10.2. If you purchase Services on behalf of another person or entity, you warrant that you will administer their Customer Account in good faith and in their best interest, and will indemnify us against all losses and liabilities sustained by us should you administer the Account in ways that are adverse to the End User and result in any claim against us.
10.3. Login to the User Area requires the use of username and password. You agree not to use the account, profile, username, or password of another user at any time. You will be solely responsible for the security of your login credentials. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them. For security purposes, WJD Designs highly recommends that you keep different passwords for different Customer Accounts and service providers, refrain from using any functionality that saves or stores your login credentials and regularly update your password.
10.4. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party, and for keeping your Account password secure. You shall notify WJD Designs immediately of any breach of security or unauthorized use of your Account to the following email address: firstname.lastname@example.org.
10.5. You are responsible for providing and maintaining true, current, complete and accurate information. If you fail to do so, we accept no liability in the event that we grant access to the account to another person.
10.6. For avoidance of doubt, the individual or entity whose personal data was used to sign up for services is considered by us to be the owner of the account (Account Owner). Domain names are owned as set out in applicable ICANN rules. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending.
10.7. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
- USE OF SERVICES. CUSTOMER RESPONSIBILITY
11.1. You acknowledge and agree that your use of the Service(s) and any Content uploaded, stored, published and displayed on or through the Service(s) are in compliance with these TOS and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, hosted, stored, accessed or used. You shall implement any restrictions necessary in order to prohibit use of the Services by any third party or in any jurisdiction, as required to comply with such laws.
11.2. You must ensure that each of your End users complies with these TOS, and to any policies and agreements that are incorporated by reference.
11.3. You may not upload, store, publish and display on or through our Service(s) any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent’s consent in the case of a minor). If you use the Services to upload, store, publish, display or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.
11.4. You shall not use our Service(s) for hosting websites for high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc. Please refer to our Acceptable Use Policy for detailed information on the rules and guidelines for using our Services.
11.5. You are responsible to provide accurate and complete information about you and your organization (if you purchase on behalf of a organization) and promptly update all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.
11.6. You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Customer Account and the Services.
11.7. You declare that (i) you have technical knowledge necessary to ensure the proper use, administration, management of our Service(s); (ii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them.
11.8. When using the Services, you will ensure that neither you nor any of your End Users make use of the Server resources to WJD Designs’ detriment or that of other WJD Designs customers.
11.10. You shall indemnify, defend and hold harmless WJD Designs, and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from your or your End Users’ acts or omissions.
11.11. You must obtain all equipment necessary to access and use our Service(s). It is your responsibility to use equipment, software or applications which are compatible with our Service(s). When accessing or using our Services you may not use equipment and/or software which are faulty or with malfunctions that may cause security issues with our servers, damage the integrity of the network and/or vulnerability of the Service(s).
11.12. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or any content, materials which are used by you on, or transmitted through the Services.
11.13. If you use any third-party software on the Services, you warrant to WJD Designs that you are duly licensed to use the software, and that the license grants sufficient rights to WJD Designs to provide the Services. You agree to provide us with such license(s) upon request. If you fail to provide reasonable evidence of licensing, WJD Designs, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.
11.14. You acknowledge and agree that WJD Designs may periodically run a series of scripts (audit) on your Service(s) to determine what third-party software is installed on the Service(s) and how many Users have access to each piece of software. You authorize us to disclose the results of such audits to third parties. You shall indemnify WJD Designs against any costs, claims, losses, damages, liabilities, demands and/or expenses including reasonable legal costs incurred and/or suffered as a result of any failure by you to be properly licensed in respect of use of third-party software.
11.15. You shall provide to WJD Designs, at your cost, any information, resources or facilities reasonably requested by WJD Designs for the delivery of the Service(s) and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with WJD Designs to such aim.
11.16. Any instructions supplied by you to WJD Designs must be complete and accurate and clearly legible. We shall not be liable for any errors caused by any failure from your side to provide complete and accurate information. It’s your obligation to follow our instructions and to cooperate with us for the proper provision of our Services.
11.17. You acknowledge and agree not to make any modification or alteration of any part of our Service(s) or related technologies.
11.18. You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, or services contained on our Site, except where explicitly authorized by us.
11.19. You acknowledge and agree that any information, articles, tutorials, guidelines or technical support advice may be provided by us only for your convenience and do not constitute official statements.
11.20. You are responsible to make backup copies of all your content uploaded, stored, published and displayed on or through our Service(s) in a location independent of ours, and will not use our Backup Services as your sole backup.
- HIPAA DISCLAIMER
The Services provided by WJD Designs will not comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”), hence WJD Designs is not HIPAA compliant. You acknowledge and agree that our Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material breach of thеsе TOS, and grounds for immediate termination of the Agreement. WJD Designs will not sign “Business Associate Agreements” and you acknowledge and agree that we are not a Business Associate or subcontractor of yours pursuant to HIPAA.
- USER CONTENT. MONITORING OF USER CONTENT
13.1. You may upload, store, publish, display and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software and other content on or through the Services (“User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or disclosing User Content on or through the Services, you represent and warrant to WJD Designs that (i) you have all necessary rights to display and disclose such content, and (ii) your posting or disclosure of User Content does not violate the rights of WJD Designs or any third party.
13.2. Solely for purposes of providing our Services, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license to: (i) use, modify, publicly perform, publicly display, reproduce, excerpt (in whole or in part), publish, distribute User Content, including to make back-up copies of User Content and User Websites without any payment. Except for the rights expressly granted herein, WJD Designs does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
13.3. WJD Designs shall not exercise control over and accepts no responsibility for User Content or any other information passing through our Services. WJD Designs may monitor User Content, but is under no obligation to do so. If you or your End Users post or publish any material in violation of these TOS, or otherwise violate these TOS, in order to resolve the issue WJD Designs reserves the right to review your Content and immediately take any corrective action, including without limitation removal of part or all of the User Content or User Websites, suspension or termination of any and all Services with no refund. You hereby agree that WJD Designs shall have no liability due to or arising out of any corrective action that WJD Designs may undertake.
- TECHNICAL SUPPORT
14.1. Technical support services:
14.1.1. We provide technical support for issues related to functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.
14.1.2. We aim to deliver support in a fast and efficient manner; however, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site.
14.1.3. You may request technical support through our Help Desk. Technical support will be provided via phone, chat and/or ticket. Depending on the issue, we may not be able to provide assistance over all communication channels but will recommend one or two where support can be delivered.
14.1.4. If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational, and the Services are configured to your needs once we complete work on your request.
14.1.5. If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.
14.1.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (i) you violate these TOS; (ii) you are abusive towards our employees or subcontractors; (iii) the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of WJD Designs’ control, or your failure or refusal to implement changes recommended by WJD Designs. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.
14.2. Scope of free technical support
14.2.1. We provide free technical support for issues related to our hosting platforms and features:
Issues related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services;
Issues related to the proper functionality of WJD Designs User Area, including tools and features provided by WJD Designs, such as auto-update services, caching, staging, integration for currently supported SSL certificates, daily backup, control panels, CDN and other;
Assistance related to settings and proper usage of the tools and features provided by us;
Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from WJD Designs to another hosting provider or registrar, our support is limited to make sure the domain is transferable per the requirements for the respective domain extension.
14.3. Issues outside the scope of free technical support
14.3.1. Certain issues are outside the scope of our free technical support:
Issues related to the installation of third-party scripts/applications not provided by WJD Designs;
Website related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server, changing the current setup of your servers, etc.;
Issues related to web design, web development and/or customization;
Inquiries related to the functioning of scripts, optimizations, SEO services, themes or extensions;
Website security audits and malicious code clean-up issues.
14.3.2. If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.
- BACKUP SERVICES
15.1. You acknowledge and agree that it is your responsibility to regularly backup all your Content in order to prevent potential data loss. We will use good faith efforts to backup data stored on your Hosting account. We will not backup data on Dedicated Server accounts unless you order a Daily Backup Service. We will not backup files holding temporary or transient data which cannot be restored in a useful state.
15.2. You agree that you will keep independent backup copies of your Content in addition to those we maintain. If you purchase Backup Services from us, you acknowledge and agree that due to technical reasons a backup copy may not be available for restore upon your request. Examples of technical reasons include but are not limited to excessive number of files in the backup, backup software failure, storage failure or corrupted backup files.
15.3. You can order Daily Backup or Backup Restore Service(s) from your User Area. We keep a limited number of backup copies of your account as set out on the respective Product Page. If you upgrade/downgrade the Services, we may delete old backup copies created on your previous plan and start new Daily Backups of your data.
15.4. If you order Daily Backup services for your Dedicated Server account, you subscribe for a certain backup space size. In the event that your backup space exceeds that size, we will continue to make full backup of your account and will charge you for the extra usage on your next billing date.
15.5. You agree to notify us through your User Area in case the Backup Service malfunctions and allow us reasonable time to resolve the issue. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup. If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase Backup Services from us, our only obligation is to restore your data from a backup copy.
15.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, our Backup Services are provided “as-is” and are subject to all limitations of liability set out in these TOS.
- WJD DESIGNS CONTENT. INTELLECTUAL PROPERTY RIGHTS
16.1. WJD Designs retains ownership of all intellectual property rights related to the provisioning of the Service(s). WJD Designs grants to you a non-exclusive, non-transferable limited license to access and use the Service(s) during the Term or any Renewal Term. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans (“WJD Designs’s content”) used by WJD Designs are owned by or licensed to WJD Designs. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store WJD Designs’s content for purposes other than using our Services, without our express prior written consent.
Unless otherwise set out in these TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us concerning your idea and suggestions related to the Services, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.
16.2. You are welcome to provide us with a written or verbal testimonial of our Services in connection with your use of the Services. You acknowledge and agree that we may, at our discretion, use the testimonial to promote our Services online and in social media. Further to our use of your testimonial, you hereby agree and give your consent to WJD Designs to publish your name, voice or likeness, profession, website, video and/or contact information in connection with the publication of the testimonial. If you would like to withdraw your consent, please send your request to email@example.com.
- THIRD PARTY LINKS
17.1. Our site and Services may contain link(s) to other websites operated by or with content provided by third parties. You understand and agree that WJD Designs has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. WJD Designs shall not bear any responsibility for any legal documents (agreements, terms and conditions, policies and etc), content and practice of any third-party websites. The existence of any third-party links does not constitute endorsement of such websites, their content, or their operators. WJD Designs includes these links only for your convenience.
17.2. You acknowledge and agree that third-party links on our website may contain affiliate tracking and WJD Designs may collect a share of sales or other compensation from such links.
To the maximum extent allowed by applicable law and without affecting your rights as a Consumer, you acknowledge and agree that the Services are provided by WJD Designs as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services, and that WJD Designs makes no representation or warranty with respect thereto. WJD Designs hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the services for a particular purpose. In addition, WJD Designs expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require WJD Designs to provide Services in such a manner to allow the Customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the Customer. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure. No WJD Designs employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties WJD Designs shall not be bound by them.
- LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold WJD Designs, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including WJD Designs’ licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s). You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.
You acknowledge and agree to indemnify, defend and hold harmless WJD Designs defend, fully compensate us, our affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of these TOS, our policies or documents which are incorporated herein, or any law; (iii) any breach of any of your representations, warranties or covenants contained in these TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS. For the purpose of this clause only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services. The terms of this Article shall survive the termination of the Agreement.
- TERM AND TERMINATION
21.1. The Term for each Service you purchase shall be set out on the Order. The Term may be extended as described in our Renewal Policy or may be terminated as described below. For avoidance of doubt, “Term” shall include the initial Term and any Renewal Term.
21.2. You may terminate a Service at any time through the User Area (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you fail to complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will continue to be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable, as set out in our Money Back Policy.
21.3. If you are a Consumer, you have the right to withdraw from this Agreement, informing us of your decision to withdraw through the User Area (Cancellation Request) or by means of a clear declaration (e.g. a letter sent via post, fax or email). You can also use the model withdrawal form enclosed below, which – however – is not mandatory.
21.4. You acknowledge and agree that any domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any applicable rules or policies, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar (including WJD Designs) or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.
21.5. Without prejudice to the provisions laid down in other clauses of thеsе TOS, WJD Designs shall be allowed to terminate this Agreement with or without notice with immediate effect if (i) you fail to pay any fees due; (ii) you breach these TOS, our Acceptable Use Policy or any other policy incorporated herein by reference, or any law and fail to cure that breach within 48 hours after receipt of written notice; (iii) you repeatedly infringe any policy incorporated herein or announced on our website; (iv) in case of any action and/or omission, failure and/or malfunction caused by you or your End User(s) which damage WJD Designs servers and facilities or the servers and facilities of other network hosts or Internet users; (iv) you disclose false or misleading allegations that may negatively impact our reputation and (v) transfer all or part of your obligations and/or rights under this Agreement to third parties, without our prior written consent.
21.6. WJD Designs may also terminate this Agreement by fifteen (15) days written notice as of the date of its receipt if (i) according to WJD Designs’s reasonable opinion, you do not have basic technical knowledge to use the Service(s) without excessive ongoing technical support; (ii) WJD Designs determines in good faith that continued provision of the Service has become unfeasible for technical, legal, regulatory, economic or any other material reason.
21.7. WJD Designs may discontinue provisioning of certain Service(s) or terminate this Agreement, if a third-party cease to make components of the Service available to us.
21.8. It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide hosting (Hosting Account) may result in immediate termination of multiple aspects of the Services. Upon termination any information, data, content and files stored by you on our server shall be deleted. We may keep backup data for terminated Services for up to sixty (60) days after termination and provide you with access to that data upon request and subject to availability. IP addresses and server space are recycled. It is your obligation to ensure that you arrange to migrate your website(s) or content off our servers and relinquish use of the IP address assigned to you in connection with the use of our Service(s) prior to termination. We have no obligation to provide any Service(s) to you including forward of email(s) following termination.
22.1. If for any reason you are not satisfied with our Services, you may send your complaint to us via: (1) email at firstname.lastname@example.org, or (2) opening a support ticket, chat through the HelpDesk in your User Area, or (3) registered mail to the following address:
WJD Designs LLC.
70829 N Driftwood Dr
Edwardsburg, 49112 MI
22.2. You may have the option to escalate a chat or support ticket to a Supervisor/Manager. You should include any tracking numbers or other references from your previous correspondence with us in order to be able to recover the full history of your complaint.
22.3. We will take care to review, investigate and respond to any complaint(s) fairly and thoroughly. All complaints must be in writing and clearly indicate the name and contact details of the complainant. If you have relevant documentary evidence to support your complaint, it should be enclosed to the complaint. Evidence submitted should be as concise as possible and relevant to the complaint.
22.4. Complaints made over the phone shall be recorded, but wherever possible, should be confirmed in writing. Anonymous complaints will not be reviewed.
22.6. WJD Designs will review the complaint and will provide a written answer within 10 (ten) business days from receipt of the complaint. If the complaint requires more detailed investigation, you will receive an interim response describing what is being done to deal with the matter, and when you can expect a final reply.
- DISPUTE RESOLUTION. JURISDICTION. CHOICE OF LAW
23.1. In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and WJD Designs shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
23.2. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You acknowledge and agree that, by entering into this Agreement, you and WJD Designs are waiving the right to a trial by jury. If you initiate litigation or any other proceeding against WJD Designs in violation of agreed arbitration procedure, you agree to pay us reasonable costs and attorneys’ fees incurred in connection with our enforcement of the articles regulating the arbitration proceeding.
23.3. This Article 23.2. will not apply to domain name and intellectual property infringement disputes.
23.4. Despite the provisions of Article 23.2., nothing in thеsе TOS will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in the small claims court of your state or municipality if the action with within that court’s jurisdiction and is pending only in that court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
23.5. Any arbitration between the Parties will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting WJD Designs. If there is a discrepancy between AAA Rules and the rules set forth in these TOS, the rules specified in the TOS shall apply. You are entitled, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state or local law, as limited by Limitation of Liability agreed in Article 19 of these TOS. All disputes subject to arbitration shall be resolved by one neutral 1 arbitrator, and the Parties shall have opportunity to participate in the selection of the arbitrator. The arbitrator shall be bound by these TOS. The place of the arbitration at the AAA location shall be chosen by WJD Designs but if claim is for less than $10,000, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing in City of Edwardsburg, Michigan. English language shall be used as the written and spoken language for all matters connected with all references to arbitration. During the arbitration, the amount of any settlement offer made by each of the Parties will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The decision of the arbitrator shall be made in writing containing the essential findings and conclusion on which an award, if any is based. The decision of the arbitrator shall be final and binding on the Parties, save in the event of fraud, manifest mistake or failure by the arbitrator to disclose any conflict of interest. The decision of the arbitrator may be enforced by any court of competent jurisdiction and may be executed against the person and assets of the losing party in any jurisdiction. For the avoidance of doubt, such court includes any court that is authorized to make such an order by virtue of any treaty or legislation relating to the reciprocal enforcement of foreign arbitral awards or judgments.
23.6. A party who intends to initiate an arbitration procedure to settle the dispute must first notify the other Party by sending a written notice to email@example.com or sending the notice by U.S Postal Service certified mail to WJD Designs LLC. 70829 N Driftwood Dr, Edwardsburg, 49112 MI. The notice must contain full contact details: name, address and e-mail, the nature and basis of the dispute/claim and the relief requested. In the event of a dispute between the Parties arising out of or in connection with these TOS the Parties hereto shall use their best efforts to resolve the dispute in an amicable manner. If the Parties may not reach an agreement to resolve the dispute within 60 days following the receipt of the dispute notice, each Party may initiate an arbitration procedure under the Article 23.2 of these TOS. You may find a copy of a Demand for Arbitration at www.adr.org: Consumer Arbitration Rules. Any claim or dispute to which arbitration procedure apply must be filed within one year of the date you could first file the claim, unless your local law requires a longer time to file claims. If the claim or dispute is not filed within that time, then it’s permanently barred.
23.7. Both Parties agree that each of them may bring claims against the other Party only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
23.8. The AAA rules will govern payment of filing fees and the AAA/s and arbitrator’s fees and expenses, unless the Parties agree on them.
23.9. If you do not wish to be bound by the arbitration clauses set forth in these TOS, you may send us an opt-out notice within thirty (30) days following the date you accept these TOS, unless a longer period is required by the applicable law. You may send your opt-out notice to us at firstname.lastname@example.org or sending the notice by U.S Postal Service certified mail to WJD Designs LLC. 70829 N Driftwood Dr, Edwardsburg, 49112 MI. In the event you opt-out from the arbitration procedure, all other terms contained herein shall continue to apply, including those related to the applicable law and the court in which claims may be filled.
23.10. State law issues concerning construction, interpretation and performance of these TOS shall be governed by the substantive law of the Commonwealth of Michigan, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.
23.11. Your local consumer laws may require some local laws to govern or give you the right to resolve disputes in another forum despite these TOS. If so, the provision regulating the choice of law and dispute resolution apply as much as your local consumer laws allow.
Each Party will comply with all applicable federal, state and local laws and regulations.
24.1. We may send you notices by email, a ticket in our HelpDesk or a notice posted in your User Area. We have no responsibility for notices not delivered due to outdated or inaccurate contact information.
24.3. Any notice related to copyright/trademark infringement shall be address to our Designated Agent:
WJD Designs LLC.
70829 N Driftwood Dr,
Edwardsburg, 49112 MI.
24.4. You may send us notices, requests, claims, consents, waivers, demands or any other communication related to this Agreement by (i) opening a ticket through the HelpDesk in your User Area; (ii) email; (iii) first-class mail; or (iv) internationally recognized courier.
24.4. Notice shall be considered duly given and effective: (i) if sent by ticket, on the date the ticket is recorded in the HelpDesk; (ii) if sent by email, on the day when received in the designated email account; (iii) if sent by first-class mail, on the date of delivery by the appropriate postal service; (iv) if sent by internationally recognized courier, on the date of delivery by such courier.
- GENERAL PROVISIONS
25.1. Export Laws. You must comply with all domestic and international export and import control laws and regulations that apply to the software and/or Services, and, in particular you will not use the Service to export or re-export data or software without all required United States and foreign government licenses. You assume full legal responsibility for any access and use of the Services from outside the United States, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license. Should such a license be required, it shall be your responsibility to obtain the same, and in case of any breach of this duty resulting in legal claims against WJD Designs, you shall defend, indemnify and hold WJD Designs harmless from all claims and damages arising therefrom.
25.2. Waiver. If at any time during the term of this Agreement we fail to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated by you in writing.
25.3. Assignment. Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without our prior explicit written consent. Any assignments in violation of the foregoing shall be null and void and of no force or effect. You acknowledge and agree that WJD Designs may assign its rights and obligations under this Agreement and may engage subcontractors in performing its duties and exercising its rights hereunder, without your further explicit consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees.
25.4. Independent Contractors. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
25.5. Severability. If any one or more of the provisions contained herein or of the applicable policies of WJD Designs shall, for any reason, be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such provision(s) will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this Agreement and the policies announced on our site shall not be affected.
25.6. Force Majeure. With the exception of Customer’s payment obligations, neither Party will be responsible for any interruption, delay or other failure to fulfill any obligation under this Agreement resulting from acts of God, storms, flood, riots, fire, acts of civil or military authority, war, terrorism, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions or other acts or causes reasonably beyond the control of that Party.
In the event of an occurrence of a Force Majeure, the Party whose performance is affected thereby shall give to the other Party notice of suspension as soon as reasonably practicable, stating the date and extent of such suspension and the cause thereof, and such Party shall resume the performance of such obligations as soon as reasonably practicable upon the cessation of such Force Majeure and its effects.
During a Force Majeure event, you shall be entitled to seek an alternative hosting provider at your own cost with respect to the affected Services. If a Force Majeure event continues to exist for more than twenty (20) consecutive days, each Party shall be entitled to terminate the Agreement for affected Services.
- CHANGE OF TOS
WJD Designs may modify these TOS at any time with immediate effect. We will inform you about modifications to the TOS by email and via notices in your User Area. WJD Designs shall not be liable for your failure to receive an email notification due to an inaccurate email address.
If you do not agree to the changes in the TOS, you must suspend use of the Services and terminate this Agreement within ten (10) business days of receiving notification from us.
To the extent permitted by applicable law, continued use of the Services after you have received a notice for changes to the TOS will be considered as acceptance of such changes and in force in the agreement between the user and WJD Designs, unless you have sent us a termination notice.
Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.
Articles 5, 11.10., 15.6., 18, 19, 20, 23, 24, 25.5 and 27 shall survive the termination of this Agreement.
Terms and Conditions of WJD Designs, LLC
Last Updated: Tuesday, March 17th, 2020
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by WJD Designs, LLC ® for its clients.
2. OUR FEES AND DEPOSITS
A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless the Estimate or Order specifies a different amount or payment plan. The outstanding balance on your website is due after WJD Designs has fulfilled project scope obligations as stated in the Estimate or Order, or if project timeframe has been exceeded due to delays in project tasks or responsibilities given to Client. Additional details may be found in this agreement under “Project Delays and client Liability.” This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that WJD Designs gets paid for performing their duty under the Estimate or Order, despite tardy content from the client. In the event that design, and navigation changes are requested after the allotted revision time has been utilized as specified in the Estimate or Order these changes will be billable at our current regular hourly rate.
A. Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable and non-transferable. WJD Designs my elect at its sole discretion to offer a partial refund depending upon the circumstances.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design Estimates to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $85.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the remaining balance of the project price will become due.
7. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the remaining balance of the project.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of WJD Designs, LLC ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our Estimate including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
Sites not hosted by WJD Designs are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any Estimate will be construed according to and is governed by the laws of Indiana. You and WJD Designs, LLC ® submit to the non-exclusive jurisdiction of the courts in and of Indiana in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify WJD Designs, LLC ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.