Our Terms and Conditions Page
Authorization
The client is engaging Design Solutions 4 You, Co. as an independent contractor for the specific project of developing and/or improving a website to be installed on the client's web space on an Internet Service Provider's computer. The client hereby authorizes Design Solutions 4 You, Co. to access this account, and authorizes Design Solutions 4 You, Co. to access this account, and authorizes the Internet Service Provider to allow Design Solutions 4 You, Co. with "write permission" for the client's web page directory, cgi-bin directories or programs which need to be accessed for this project. The client also authorizes Design Solutions 4 You, Co. to submit their completed website to Web search engines.
Web Hosting
The client understands that any web hosting services require a separate contract with the web hosting service. The client agrees to select a web hosting service which allows Design Solutions 4 You, Co. full access to the website via FTP
Changes to Submitted Text
Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be additional, billed at a per instance basis unless you have signed up for the website maintenance package.
Copyrights and Trademarks
The client represents to Design Solutions 4 You, Co. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Design Solutions 4 You, Co. for inclusion in Web pages 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 Design Solutions 4 You, Co. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyright to Web Pages
While your site is in development Design Solutions 4 You, Co. owns the Copyright to all pages. Once your site is completed and you have paid the balance of your invoice the copyrights are then transferred to you. The only clause is that Design Solutions 4 You, Co. does not permit you to resell our work without consulting us first.
Assignment of Project
Design Solutions 4 You, Co. reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Post Placement Alterations
Design Solutions 4 You, Co. cannot accept responsibility for any alterations made by third parties to the client's pages once placed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Refusal to Service
Design Solutions 4 You, Co. reserves the right to refuse service for any material that Design Solutions 4 You, Co. feels is not legal, moral, or in the best interest of Design Solutions 4 You, Co., but Design Solutions 4 You, Co. is not responsible for the content of any materials.
Errors and Omissions
Design Solutions 4 You, Co. will use good faith to ensure pages authored by Design Solutions 4 You, Co. are free of errors however, Design Solutions 4 You, Co. may not be held responsible for any errors that may arise in the course of authoring any pages. Design Solutions 4 You, Co. does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client's responsibility to proof their own pages for errors and inform Design Solutions 4 You, Co. of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. Design Solutions 4 You, Co. will correct minor text changes at no charge for 30 days from the date the site is posted to the web hosts' server. After 30 days, changes will be charged on a per instance basis.
Payment of Fees
Payment to Design Solutions 4 You, Co. is due and payable on the following schedule. One half upon agreement; the balance when the web pages have been constructed according to the client's original written specifications. Advertising the pages to web search engines occur only after the final payment is made. All payments will be made in US funds. Payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received by 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. Design Solutions 4 You, Co. reserves the right to remove web pages 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 (including all attorneys' fees and court costs). This agreement becomes effective only when signed by Design Solutions 4 You, Co. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Middlesex County, Massachusetts, and any dispute will be litigated or arbitrated in Middlesex County, Massachusetts.
Cancellation
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client's needs.
Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither Design Solutions 4 You, Co. nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will Design Solutions 4 You, Co. be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if Design Solutions 4 You, Co. has been advised of the possibility of such damages.
Links
Design Solutions 4 You, Co. reserves the right to append a small hyperlink to Design Solutions 4 You, Co. home page at the bottom of each page unless the client specifically requests in writing, signed & dated by both parties.
Sole Agreement
This agreement listed above constitutes the sole agreement between Design Solutions 4 You, Co. and the client regarding the client's website or contracted services. Any additional work not specified in our contract must be authorized by a written change order, agreed to and signed by both parties. All prices specified by Design Solutions 4 You, Co. in our contract will be honored for six (6) months after both parties sign the contract. Continued service after that time will require a new agreement.
Completion Date
Design Solutions 4 You, Co. and the client must work together to complete the website in a timely manner. If the client does not supply Design Solutions 4 You, Co. complete text and graphics content on all web pages contracted for within four weeks of the date the contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within one month after signing our contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.
Initial Payment, Cancellation and Refund Policy
If the client halts work after an agreement is signed by the client and Design Solutions 4 You, Co., the initial payment will be returned let the amount due based on the current hourly rate for the work completed, or $99.00, the greater of the two. Cancellation must be in writing and is effective upon receipt at Design Solutions 4 You, Co.. Notice must be mailed, e-mailed, or faxed to Design Solutions 4 You, Co.. Work completed shall be billed the current hourly rate. If at the time of the cancellation work has been completed the client shall be liable to pay the entire contract.
The client agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Disclosure to Law Enforcement
If we (Design Solutions 4 You, Co.) are required by law to disclose certain information to local, state federal; national or international government or law enforcement authorities, we will do so. If we receive a subpoena requesting a Client's information, we will immediately notify the Client of the subpoena in a timely manner to afford the Client the opportunity to take legal action to oppose the subpoena should the Client wish to do so.
Payment of Fees
ALL PAYMENTS TO DESIGN SOLUTIONS 4 YOU, CO. ARE NON-REFUNDABLE AFTER 30 DAYS & THERE WILL BE NO CHARGE BACKS
For website maintenance of hosting services between Design Solutions 4 You, Co. and its' client, payment is due on a monthly basis for monthly subscribers and on a yearly basis for yearly subscribers. Payment not made within 60 days of due date Design Solutions 4 You, Co. reserves the right to replace your website with a site down message due to non payment.
Refund and Disputes
All payments after the initial 30 days of service to Design Solutions 4 You, Co. are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
Liability
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed the amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Support Boundaries
Design Solutions 4 You, Co. provides technical support to our clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Design Solutions 4 You, Co. provides support related to your server or functioning. Design Solutions 4 You, Co. does not offer tech support for application specific issues such as CGI, JavaScript, PHP, or ASP programming. Any request of technical support warrants the possibility of being charged a system administration fee if the request is related to Operating System functionality, software application functionality, customer installed software/scripts, or Control Panel functionality. If a staff member of Design Solutions 4 You, Co. is required to login to your server to provide support, system administration fees can be applied to your account. Charges are applied at an hourly rate and applied to the next billing cycle.
SPAM and Unsolicited Commercial Email (UCE)
Design Solutions 4 You, Co. takes a zero tolerance approach to the sending of Unsolicited Commercial Email UCE or SPAM over our network. Very simply this means that clients of Design Solutions 4 You, Co. may not use or permit others to use our network to transact in UCE. Clients of Design Solutions 4 You, Co. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of services and/or fines.
Violation of Design Solutions 4 You, Co. SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Design Solutions 4 You, Co. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Design Solutions 4 You, Co. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Design Solutions 4 You, Co. may, at its sole discretion restrict, suspend or terminate customer's account. Further, Design Solutions 4 You, Co. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Design Solutions 4 You, Co. will notify law enforcement officials if the violation is believed to be a criminal offense.
Availability
Client acknowledges that the service provided is of such nature that service can be interrupted for many reasons other then the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Closing
Design Solutions 4 You, Co. reserves the right to amend its policies at any time. Client and resellers must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation of services. Client will be held responsible for the actions of your company in the matter described on these Terms and Conditions. Therefore, it is in your best interest to implement a similar terms and conditions for your business or organization on your site.