The following terms of service shall be in effect between the business owner, referred to as 'client' and Mark Ginn DBA Abletodeliver.com referred to as 'web designer'.
Unless other written arrangements are made, client shall provide all material to the web designer to be displayed on the web site. Client accepts all responsibility for accuracy of any text, images, artwork, photos, or the like. Client shall insure all material provided does not violate any copyright laws.
An implied agreement for web design services occurs when the client communicates basic style and layout for the web site and when initial set of material is received by the web designer from the client. Client is responsible for paying for all work done by the web designer. Should any mis-understanding occur between the client and the web designer as far as style, colors, design, etc, the client shall provide more details to the web designer and allow a reasonable amount of time for modifications to be made to the web site. Client is responsible for communicating clearly the exact details desired to be included on the web site. This includes style, design examples from other web sites, colors, fonts, etc to insure a clear understanding between the client and web designer.
Web Design Pricing: Pricing for web design is listed on the pricing page of this web site. Fees are charged based on the number of pages and time it takes to build / create what the client has requested. Web designer will take care to work efficiently so as to produce the desired results at the minimum cost to the client. All prices are subject to change without notice.
Deposits for Web Design: An initial deposit is collected up front to get the web site started. A 2nd or 3rd deposit may be requested during the build phase of the site, depending upon the amount of work involved.
Payment Types: Payment for web design services may be made by any of the following methods: cash (U.S. dollars), check, or credit card. Please discuss payment options at the time web design services is being initiated.
Balance Due When Web Site or Updates are Completed: Payment for any balance owed is due and payable upon notification by Abletodeliver.com. This is when the initial web site has been completed or when updates have been made to the existing web site.
Late Fees: A 10% late fee will be added to any remaining balance if payment has not been received by the due date posted on the invoice. Late fees may be set specific to customer's payment history. Additional late fees of 10% of the balance owed may be added to any remaining balance every 30 days if account is past due.
Past Due Balances Paid by Credit Card
If client's payment is past due and client elects to pay using a credit card, this is allowable but will be assessed an additional 3% fee to cover credit card processing fees. Contact Abletodeliver.com to be given exact amount to pay if choosing this payment option.)
Default of Payment: If full payment is not received for any balance owed after 30 days of being notified, Abletodeliver.com may remove any or all web site files from the server making the web site unavailable for viewers to access until the balance has been paid in full.
Fees for Default or Non-Payment:
- A $25 fee will be applied to any balance due if Abletodeliver.com must take action to remove access to any or all web site files on the server. This fee must be paid (along with any balance due) before web site files are restored to the server.
- Client is responsible for any payment of an fees incurred by Abletodeliver.com should have to turn any amount due over to a colletion agency for collecting any remaining balance.
Financing: Abletodeliver.com does not offer payment plans. However, if financing is desired, payment terms must be agreed upon prior to the start of building the web site or at the time additional changes are being requested by the client if the web site is already in place.
Limits of Liability:
Mark Ginn, owner of Abletodeliver.com provides attractive and economical web design services for personal and business customers. In addition to the statments above, any client who chooses to have Abletodeliver.com build and/or maintain a client's web site, the client is agreeing to accept the limits of liability statements below.
- Client may register for a domain name and/or hosting account from any of the many providers across the nation. Should client desire for Abletodeliver.com to recommend or even set up domain registrar or hosting provider for the client, the client will not hold Abletodeliver.com liable for any shortcomings from any domain or hosting provider chosen in the client's behalf.
- Once the client has their domain name registered and has their web site files uploaded to the hosting company's server, know that issues or outages can occur at times which can cause the client's web site to be unavailable for an undetermined amount of time. History has shown that these issues or outages are normally resolved quickly as most providers maintain an approximate 95+% success rate of 'up-time'.
- Abletodeliver.com provides web design services (labor) and depends entirely on the domain registrar and hosting company's services for actually displaying the client's web site files when viewed on most popular browsers.
- Abletodeliver.com is not liable for any damages or financial business loss due to the client's domain name expiring.
- The client is responsible for paying for their domain name by the due date as communicated by the domain registrar. Notification will be made to the client by email according to the lead time specified by the domain registrar. Failure to pay the domain registrar by the due date can cause the client to lose their domain name. Abletodeliver.com is not responsible for reminding the client to make any payment due to retain their domain name. The client is responsible for making arrangement for payment according to the payment terms specified by the domain registrar. Terms of service are available by visiting the domain registration company's web site.
- Abletodeliver.com is not liable for the loss of the client'sweb site files should the client default or not pay to keep their hosting account current.
- The client is responsible for paying for their hosting account by the due date as communicated by the hosting company. Notification will be made to the client by email according to the lead time specified by the hosting company. The client is responsible for making arrangement for payment according to the payment terms specified by the hosting company. Terms of service are available by visiting the hosting account's web site.
- Upon request, web designer may set up an online email account if this feature comes with the domain or hosting package.Web desinger may charge a fee for providing this service to the client based on the time it takes to complete the setup process. Web designer is not responsible for any online email or online email feature associated to the online email account. Client can expect to receive unwanted spam with any email account. Client holds the web designer harmless if any offensive email is received associated to the online email account. Web designer is not responsible for nor will configure a client's local email account designed to download email from the online email account.
- Customer Information: Abletodeliver.com will not share any personal or account information provided by the client unless the client provides written permission to do so.
- 3rd Party Payment Providers (such as PayPal, merchant and bank accounts, etc) - If client requests to provide a way for customers to pay client by PayPal or credit card, Abletodeliver.com assumes no responsibility for any action taken by the 3rd party payment companies regarding client's account with them. Client is responsible for understanding and staying within the terms of service of the 3rd party service provider. Any question regarding payments to you, charges to your customer, chargebacks, fees, disputes, or any other item must be taken up with the 3rd party company by the client. Client assumes full responsibility of the accuracy of the client's online account with the 3rd party company. Client agrees to hold Abletodeliver.com harmless of any liability of loss should the clientcharge your customer much or too little for any service the client provides. Client assumes full responsibilty of verifying the accuracy of any 'buy now' type button displayed on client's web site. Client assumes full responsibility of verifying that the buttons charge the proper amount for the specified service. Client will not hold Abletodeliver.com harmess if client provides Abletodeliver.com customer numbers, login id's, passwords, or any other information needed to log into client's 3rd party account. Client is not required to provide Abletodeliver.com access to any 3rd party service provider account. If client does provide Abletodeliver.com access to client's 3rd party payment provider account, client agrees to hold Abletodeliver.com harmless for any judgement calls made as to payment options in which client does not specify. If desired, client may reserve the right to supply web designer access to 3rd party payment providers and do all of the setup and make any/all of the decisions regarding how the online payment system operates including providing Abletodeliver.com the needed html code to paste into client's web site to activate payment buttons.
- Web Designer does all web design work on client's web site. If the client (or anyone other than the web designer) makes any change, addition or modification to the web site without pre-authorization from the web designer, web designer will not be held responsible for any issues resulting in the web site not functioning or operating properly or in accordance to the client's expectations. If client fails to inform web designer that any update has been made to any web page residing on the client's hosting server, the client assumes the risk of the web designer over-writing the client's web page with code other than what was there which may result in a loss of data. Web designer will not be held responsible for not being able to restore a web page altered by anyone other than the web designer to its state prior to any update by web designer.
|