You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Web & Graphic Designs reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Web & Graphic Design site (the "Site"). Your continued use of Services following Web & Graphic Designs' posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Web Design
Quotes are valid for 30 days from the date of the Quote. All prices quoted
may be subject to change without notice after this period.
Payment for the services must (unless otherwise agreed with Web & Graphic Designs) be made as follows: 40% in advance, next 30% after approval and final 30% after completion of the project but before uploading. design modifications will be a charged extra.
Payment arrangements other than stated above will incur a one and one-half per cent (1.5%) per month shall also become payable by you to
Web & Graphic Designs Hosting . Payment shall be made in USD to Web
& Graphic Designs. Payments are due on presentation of invoice. If due to
bank charges, transfer fees, or the like, Web & Graphic Designs should
receive less than its invoice amount, Web & Graphic Designs will re-invoice
customer for the shortfall. In the event that any amount remains unpaid fourteen
days after invoice date, Web & Graphic Designs reserves the right to
discontinue, withhold, or suspend services to the customer to whom such unpaid
Once Web & Graphic Designs has undertaken a commission for services, a cancellation fee of 75% will apply if the contract is terminated through no fault of Web & Graphic Designs. An interim invoice will also be levied for 75% of the total quotation value if website content is not received within 30 days of commission.
The final invoice will be issued when work has been completed on the customer's website design. Website will not be released to the customer until payment is received in full. Any further modifications to the website will be chargeable under separate terms.
The content of any Internet traffic flow initiated by the Customer, whether flowing to or from a Customer site, must not contravene to local and state laws, insofar as they are clear on what is legal or illegal for internet traffic. Even where local and state law themselves do not explicitly prohibit activity or Internet content,
Web & Graphic Designs Hosting does not permit its network or services to used for sites or activities which include:
i. Adult oriented, Pornographic or any sexual content sites, links or banner exchanges.
ii. Pirated software, DVD's, MP3's or Warez sites, links or banner exchanges.
iii. Hacker programs or Archive sites, links or banner exchanges.
iv. Virus labs or Archive sites, links or banner exchanges.
v. Racial/ Ethic group sites, links, or banner exchanges.
vi. IRC, IRC-Bots, BNC's or Eggdrops
We have a "no tolerance" rule and any hosted site client found with any of the above content will result in an immediate account termination without warning and refund.
All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize Web & Graphic Designs Hosting to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Web & Graphic Designs Hosting of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Web & Graphic Designs Hosting from charging your account.
Web & Graphic Designs Hosting may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to Web & Graphic Designs Hosting the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to Web & Graphic Designs Hosting . In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and Web & Graphic Designs Hosting may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, Web & Graphic Designs may, delete any and all content from the Web & Graphic Designs Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest and a $50 reactivation fee. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
All payment shall be paid in United States Dollar (USD). If any payment obligation is not paid in a timely manner, the customer agrees and promises to pay all costs of collections, including reasonable attorney fee, whether or not a lawsuit commerce as part of the collection process.
If determined by Web & Graphic Designs Hosting that the account should be suspended for any reason, including but not limited to non-payment of account, the customer agrees to pay a reinstatement fee of a
fifty USD dollars (USD$50.00) to reactivate the account.
Customers who are on recurring monthly plans are due for automatic billing from their credit card one month after their sign up date, and every month thereafter, on or about the same day of the month.
If your credit card information has changed, then you must notify us immediately so we may change this information. If on your bill date, your credit card is declined, or payment is not made, you will get a notice that your account will be suspended in 5 days. If after this notice and 5 days has passed your account may be interrupted temporarily and an email will be sent to the address on file to notify you of this problem. If payment is not arranged within 14 days, we will close your account, and any files will be lost. All prices are in US Dollars (USD). Any other payments, such as check or bank transfer must be received to be posted by the due date for your account.
Credit Card Payments
We are happy to accept Visa, Mastercard via ProPay.com or all credit cards via PayPal for payment. We use various fraud prevention methods to protect us, our merchant account, our bank and the customer who owns the credit card being used. This includes tracking the IP number and ISP of the person who is using the credit card, verifying the card matches the Zip Code and Address of the cardholder. If anyone attempts to obtain service using a fraudulent or unauthorized credit card, your hosting account will be terminated without warning, we will have the right to place an 'account suspended' page on your IP, and we will cooperate with authorities to report the incident and the information used to obtain the account including your domain name. We will also bill you for all charges to us, including but not limited to bank fees, amounts charged back, plus 5%. We take credit card fraud very seriously. If you have received a credit card statement with our name on it, and did not order our services, please email us immediately. Your credit card statement will be billed as email@example.com.
If for any reason you are not satisfied with our services, please let us know. We build our services around making hosting simple for the customer and want you to be happy. If for some reason we cannot meet your needs, you may notify us in writing via email and we will discontinue billing your account at the end of your current bill cycle. No refunds are issued for hosting services already paid for, except during the first 30 days of service.
All cancellations must be received by the Web & Graphic Designs a minimum of five (5) days prior to the next billing date of the domain being canceled.
If the Customer notifies Web & Graphic Designs less than five (5) days before the next billing date of the domain being canceled, the charges incurred as a result of that renewal will not be refunded.
Cancellations requested within the 10 day Guarantee Period are eligible for a full refund, less setup fees, domain registration fees and add-on-service fees which are non-refundable. Cancellations requested outside the 10 Day Guarantee Period are not eligible for a refund in part or in full.
Cancellation requests will only be accepted via email or phone call originating from the contact details of that account holder listed in Web & Graphic Designs' customer database. Any other form of cancellation request is not acceptable.
Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, InterNIC delays, account termination for violation of policies outlined in this document as a whole.
3. New Domains/ Transfer of Domains
Any new account (s) involving new Domain registration will be registered immediately upon authorization through Web & Graphic Designs. New Domain will be entered into our DNS servers within two (2) business days. Please note that it normally takes two (2) to five (5) days for DNS to resolve to the Internet.
Any new account (s) involving Domain Transfer from another provider to Web & Graphic Designs will require a minimum of five (10) days to be transferred and entered into our DNS servers. Due to the unpredictable nature of the transfer process, Web & Graphic Designs makes no guarantees regarding the amount of time a specific transfer process may take. Web & Graphic Designs will make every effort to try and expedite the transfer process on behalf of the Customer where possible.
Web & Graphic Designs cannot provide support on third party softwares like Mailman, XMB, PHPBB, Microsoft Frontpage™ or any other third party systems that we provide or you install on you own. We will try in most cases to help with general issues to get you running, but we are not responsible for any breakage that may occur as a result of supporting these systems.