Website Design & Hosting Terms & Conditions

Parties

Client (hereinafter referred to as “You” or “Credit Card Holder” or “Client”). Seller, exStreamability L.L.C. a low-profit Michigan Limited Liability Company (hereinafter referred to as “Our”, “Us” or “We”).

Electronic Consent

In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please email one of our sales representatives at: info@exstreamability.com and we will send you a paper copy via email.

Terms and Conditions

STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for Website Design, Development & Hosting, and apply to all contracts and all work is undertaken by exStreamability L.L.C. for its clients. These terms and conditions may change at any moment for any reason with or without your prior knowledge or consent. By continuing to use this service you agree to the standard terms and conditions.

OUR FEES AND DEPOSITS: Full payment under our proposal is due immediately upon you instructing us to proceed with the website design and development work. We reserve the right not to commence any work until the payment has been paid in full. All prices listed are in U.S Dollars.

For the avoidance of doubt our pricing structure; which is subject to change at any time without notice, goes as follows.

Web Design and hosting packages (all packages include 1 month of free hosting.)

Basic – $500.00 Web Design with up to 3 pages. Hosting an additional $24.95/month.

Small Business – $750.00 Web Design with up to 3 pages,  Hosting $19.99/month.

Corporate – $1000.00 Web Design with up to 5 pages,  Hosting $19.99/month.

Basic visual and text updates and revisions – $20.00/hour

 Technical, theme updates, and revisions – $ 40.00/ hour

Additional Pages – $40.00/hour

All other additional services will be billed on a case-by-case basis. All requested additional services are to be paid for prior to the commencement of work.

REFUND POLICY: We work to satisfy you. If you are still not pleased with our work, our refund policy works as below:

  • Refund not applicable to domain registration fees.
  • Refund not applicable for express service clients.
  • Refund not applicable for any delays out of our control.
  • Refund not applicable once the website is completed.
  • Refund not applicable to web hosting fees.
  • Refund not applicable once work has been agreed upon.
  • Refund not applicable once work has commenced.

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 reserve the sole right to extend any previously agreed deadlines and fees by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.

VARIATIONS: 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 proposals 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 $45 per hour.

PROJECT DELAYS AND CLIENT LIABILITY: Any time frames or estimates that we give are contingent upon your full co-operation along with complete and final content 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. We will not be responsible if the web design project remains largely unfinished or is delayed, due to your own inaction, or by not approving design mockups / requesting web design changes on time. After the initial 45 calendar days, if the project is still unfinished, $45/hour would be billed for any work done on your website.

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, shall be deemed approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed completed and any balance of the project price will become due.

REJECTED WORK: If you reject any of our work within the 7-day review period and 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, can elect to treat this contract as complete and take measures to recover payment for the contracted work.

PAYMENT: Upon completion of the 7-day review period and before the launch of the website on our servers, we will never automatically charge your card. We reserve the right to remove any Web Design Project from viewing on the Internet until final payment is made. You unconditionally and personally guarantee the payments. In case of collection proves necessary, you agree to pay all fees (including all attorney’s fees and court costs) incurred by that process. All setup fees, monthly, semi-annual, and yearly fees are non-refundable. Third-party application fees are also refundable.

COPYRIGHTS & TRADEMARKS: 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.

LICENSING: Once you have paid us in full for our work, we grant to you a license to use the website and contents for the life of the website.

SEARCH ENGINES: All websites designed by us are search engine friendly. However, we do not guarantee any specific position in search engine results for your website. We perform search engine optimization according to current best practices at an additional cost.

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.

DISCLAIMER: Notwithstanding anything to the contrary contained in this agreement, neither exStreamability L.L.C. nor any of its employees or agents, or affiliates warrant that the functions contained in the web design project will be uninterrupted or error-free. In no event will exStreamability L.L.C. or its owners or employees will be liable to you 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 the website, 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 exStreamability L.L.C. has been advised of the possibility of such damages.

ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

NON-DISCLOSURE: We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

ADDITIONAL EXPENSES: You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages, purchase of third-party software, stock photographs, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately upon your request.

BACKUPS: You 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. We can backup and store your files at an additional cost to be paid upon request.

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING: We will manage your domain name(s) on our servers. You shall receive all information pertaining to your domain name upon request or terminating your service. The Client agrees that exStreamability L.L.C. Has the right to delete all data, files, or other information that is stored on their servers on the Client’s behalf if either the Client or exStreamability cancels the account, for any reason. For the avoidance of doubt, exStreamability shall own and hold all rights into their servers, plugins, designs, themes, and software or any intellectual property used to design, publish and/or host your website(s).

BACKEND ACCESS You may request backend access to your website at your own risk. If you are granted access and it is determined that you have tampered with and/or destroyed, deleted or altered any files, coding, or any part of the website designed by exStreamability and request that we repair your error, we will charge you the original cost of building your website plus any additional labor needed to restore your files.

RIGHT OF REFUSAL: exStreamability L.L.C. reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment, and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.

GOVERNING LAW: Regardless of the acceptance of this agreement, you agree that for purposes of venue, this agreement was entered into in the State of Michigan, United States. Any dispute will be litigated or arbitrated in the State of Michigan, and you hereby consent to the personal jurisdiction of the Bay County, Michigan Courts.

CUSTOMER SERVICE AGREEMENT: This agreement between you and exStreamability L.L.C. regarding your use of our web design, hosting and management service. This Agreement governs the terms and conditions under which exStreamability L.L.C. makes our services available to individual consumers through a personal computer or similar access or to individual consumers or small businesses in connection with the” exStreamability L.L.C.’s” web hosting or similar services.

TERMS OF HOSTING: exStreamability L.L.C. will host an account for you, the Client (hereafter referred to as the Client), for the Client’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term unless terminated. We require notification of non-renewal with at least 30 days’ notice but not more than 60 days prior to the renewal date. If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a la carte services, dedicated servers, or server collocation or shared hosting accounts.

UNLIMITED UPDATES: Shall mean no more than 30 basic revisions, 10 technical revision, 5 theme revisions per month. Any additional updates shall be charged at the basic rate of service provided. Any updates NOT used during a monthly billing cycle shall NOT roll over to the next month.

LIFETIME SERVICES: Shall 5 years or no more than 60 months. Afterwhich your lifetime service shall automatically renew your original purchase price.

NO GUARANTEES: services are provided on an as-is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. exStreamability L.L.C. expressly disclaims any representation or warranty that our services will be error-free, secure, or uninterrupted. No oral advice or written information given by exStreamability L.L.C., its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

FORCE MAJEURE The Client hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall exStreamability L.L.C. be liable to the Account Holder for any damages resulting from or related to any failure or delay of exStreamability L.L.C. in providing access to the Internet under this Agreement. In no event shall exStreamability L.L.C. be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The terms of this Section will survive any termination of this Agreement.

USE OF SERVICE exStreamability L.L.C. reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use: exStreamability L.L.C. servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Examples of non-acceptable content or links: “Pirated software”, “Hackers programs or archives”

exStreamability L.L.C. further reserves the right to suspend or terminate service to any websites affiliated with known or suspected terrorist organizations at our discretion.

exStreamability L.L.C. reserves the right to delete any page it deems unacceptable for any reason without prior notice. We will be the sole arbiters as to what constitutes a violation of this provision. Under no circumstances is exStreamability L.L.C. or its employees responsible for domain name renewal or expiration of your domain name if your domain name expires with another company or was registered with another company.

The Customer shall be held liable for any and all costs incurred by exStreamability L.L. C.. as a result of the customer’s violation of these terms and conditions. This is including but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $250 and the customer’s account will be reviewed for possible immediate termination. Each subsequent violation thereafter will result in a Cleanup Fee of $500 and immediate termination of the customer’s account.

Lifetime Products: Any lifetime package purchase shall be renewed every 5 years at the original price quoted at the original time of purchase. For the avoidance of doubt, lifetime shall mean for a term of no more than 60 months or until your service has been terminated.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.

 

 

 

 

 

 

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