This website design and website hosting service agreement governs your purchase and use of the services provided by WEBSITECREATION.BIZ, and YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
At SOLE discretion, WEBSITECREATION.BIZ, reserves the right to change or modify these Terms Of Service contained within this Agreement at any time, and to determine whether and when any such changes apply to both existing and/or future customers. WEBSITECREATION.BIZ may make changes or modifications to policies without notice to you. Your continued use of the services following the posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. PROVISION OF WEBSITE DESIGN AND HOSTING SERVICES
WEBSITECREATION.BIZ will provide Customer with the services ordered that are described for each Website Creation Package on site. Customer understands and agrees that WEBSITECREATION.BIZ will create and host the website solely in accordance with the information provided by Customer.
Customer agrees that all website creation and hosting services provided by WEBSITECREATION.BIZ will only be purchased and used for lawful purposes in accordance with the laws of the UNITED KINGDOM.
2. WEBSITE AND CONTENT RIGHTS
With the exception of any Third-Party Materials, the Customer owns the Content provided by the Customer to WEBSITECREATION.BIZ this includes without limitation – any text, music, sound, photographs, video, graphics, data or software, in any medium. Third-Party Materials, means any content, software, or other computer programming material that is owned by an entity other than WEBSITECREATION.BIZ or generally available to the public, including Customer, under published licensing terms, and that WEBSITECREATION.BIZ will use to display or run a Website. WEBSITECREATION.BIZ owns the rights to the design of the website.
3. LIMITED LICENSE – CONTENT
Customer hereby grants WEBSITECREATION.BIZ the limited, non-exclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify and otherwise use and exploit Website, any Customer Content, or any Customer marks provided to WEBSITECREATION.BIZ, solely for the purpose of rendering WEBSITECREATION.BIZ services under this agreement. Such limited rights and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
4. CONTENT STANDARDS
Customer agrees not to provide Content Material for website that
4.a. Infringes on any third-parties intellectual property, publicity or privacy rights.
4.b. Violates any applicable law or regulation that is defamatory, violent, clearly harmful, obscene, or pornographic, including child pornography, or infringes on citizens rights.
Examples of UNACCEPTABLE material
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites •IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden
• Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Push button mail scripts
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Tell A Friend Scripts
4.c. Contains any viruses, Trojan horses, worms, cancel bots, time bombs
or other computer programming routines that are intented to damage
or interfere with any system, data, or personal information.
International Customers agree to comply with all applicable local and national laws. WEBSITECREATION.BIZ reserves the right to refuse any other subject matter it deems inappropriate.
5. LIMITED LICENSE – BACKGROUND TECHNOLOGY
Background technology, means computer programming / formatting code or operating instructions developed by or for WEBSITECREATION.BIZ and used to host or operate the Website or a Web server in connection with a Website. Backend Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third-party without the prior written consent of WEBSITECREATION.BIZ. All rights to the Background Technology not expressly granted to Customer are retained by WEBSITECREATION.BIZ. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
Website Creation Service
Customer is required to make an initial deposit payment via bank transfer upon WEBSITECREATION.BIZ acceptance of project and agreed scheduled start date. The initial deposit payment is required to reserve the scheduled start date, and therefore the Customer is required to make the deposit payment within 48 hours of agreeing to the scheduled start date. If the initial deposit payment is not received, the scheduled start date will not be reserved.
The remaining balance of total payment required becomes due when the website is ready to go live. The website will not be made live until the remaining balance of total payment is received.
6.a. Website Hosting
The Standard Hosting plan will be provided free of charge for the first 1 year term which begins on the scheduled start date. Following the free 1 year term, the Customer will be charged the Standard Hosting plan fee as stated on site on an annual basis.
6.b. Online Shop Website Package – SSL Certificate
An SSL Certificate will be provided free of charge for a 1 year term only. The 1 year terms starts at the time of purchase of the SSL certificate. The Customer agrees that the annual renewal fee will be payable by the Customer towards the end of the free 1 year term and each year thereafter. The Customer furthermore, accepts that the renewal fee for an SSL Certificate is variable, and that a specific price cannot be quoted until the time of renewal.
7. LICENSE – WORDPRESS, RAVEN CMS AND ZEN CART
The systems that are used for each website runs under the GNU License for usage. The copyright of this software can only be removed if a customer purchases a license to remove the copyright notices.
8. TERMINATION OF HOSTING ACCOUNT
A hosting account will be terminated if a customer fails to pay the monthly or yearly hosting fees after the free 1 year term period, the Customer is not entitled to use the website for any purposes whatsoever, and if the monthly or yearly fee is not forthcoming within 30 days following the expiration of the free 1 year term, the hosting account will be terminated, and the WEBSITE, including without limitations – all Customer content, such as text, music, sound, photographs, video, graphics, data or software will be lost. WEBSITECREATION.BIZ shall not be held responsible or liable for the loss of website and content that occurs upon termination of a Customers hosting account. Furthermore, a hosting account will be terminated if Customer breaches this Agreement.
9. TERMINATION OF HOSTING ACCOUNT
A hosting account will be terminated if a customer fails to pay the monthly hosting fees after the free 1 year term period, the Customer is not entitled to use the website for any purposes whatsoever, and if the monthly fee is not forthcoming within 30 days following the expiration of the free 1 year term, the hosting account will be terminated, and the WEBSITE, including without limitations – all Customer content, such as text, music, sound, photographs, video, graphics, data or software will be lost. WEBSITECREATION.BIZ shall not be held responsible or liable for the loss of website and content that occurs upon termination of a Customers hosting account. Furthermore, a hosting account will be terminated if Customer breaches this Agreement.
Customer has the right to cancel an Website Package order, within 7 days after paying the initial deposit payment, however, under these circumstances, if any third-party purchases have been made by WEBSITECREATION.BIZ on behalf of the Customer, the purchase amount (if applicable) will become payable by the Customer and will be deducted from the initial deposit payment paid by Customer for the website creation package. Furthermore, if work has been started on the website design, a charge of £14 per hour will also be made and deducted from the initial total price paid by Customer for the website creation package.
WEBSITECREATION.BIZ agrees to provide reasonable technical support by email to Customer during WEBSITECREATION.BIZ normal working hours: 10am – 6pm (GMT). WEBSITECREATION.BIZ does not provide customer support by telephone.
12. CONTACT INFORMATION
4 Finland Way
13. TERMS & TERMINATION OF CONTRACT
This Agreement is effective as of the Effective date and shall continue unless terminated.
If Customer breaches this Agreement, WEBSITECREATION.BIZ will provide the Customer with a written notice, if the customer fails to respond to the notice within 10 days from the time of written notice, WEBSITECREATION.BIZ reserves the right to terminate this Agreement and all services provided with immediate effect.
14. WARRANTY DISCLAIMER
Except as expressly provided in this Agreement, the Services are provided on an "as is" basis and WEBSITECREATION.BIZ disclaims all warranties and conditions or any kind, express, implied, or statutory, including without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
15. INTERRUPTION OF SERVICE
Customer hereby acknowledges and agree that WEBSITECREATION.BIZ will not be liable for any temporary delays, outages, or interruptions of services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified or in a statement, all website creation and hosting services provided by WEBSITECREATION.BIZ to a Customer will be deemed accepted when delivered.
Customer agrees that it shall defend, indemnify, save and hold WEBSITECREATION.BIZ harmless from any and all demands, liabilities, losses, costs and claims, against WEBSITECREATION.BIZ, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer. Customer agrees to defend, indemnify and hold harmless WEBSITECREATION.BIZ against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WEBSITECREATION.BIZ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; and (3) copyright infringement.
17. LEGAL JURISDICTION
These Terms and Conditions shall be construed in accordance with the laws of England and any legal action in connection with these Terms and Conditions shall be subject to the jurisdiction of the courts of England.
WEBSITECREATION.BIZ shall not be responsible for any damages that a Customers business may suffer. WEBSITECREATION.BIZ makes no warranties of any kind, expressed or implied for services provided. WEBSITECREATION.BIZ disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, natural causes, and interruption of service.
19. LIMITATION OF LIABILITY
WEBSITECREATION.BIZ’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO WEBSITECREATION.BIZ. DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. WEBSITECREATION.BIZ SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATE, OR INTERRUPTION OF BUSINESS OR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, AND CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WEBSITECREATION.BIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND IF SUCH LIMITATIONS WERE ABSENT, WEBSITECREATION.BIZ. WOULD NOT ENTER INTO THIS AGREEMENT.
22 SEPTEMBER 2015