Terms and Conditions Service Agreement
Easy Website Solutions Terms and Conditions Service Agreement
The following Terms and Conditions Service Agreement are intended to be fair to all parties concerned and to aid in the supply of services. This agreement represents the complete agreement and understanding between Easy Websites Solutions and the account holder/client.TM.
1. Guarantee Web Site Design.
Easy Websites Solutions agrees to complete this project within the estimated budget, unless client requires additional work or services not agreed upon, or if client requires multiple design drafts or repeated changes which would significantly increase work required of Easy Websites Solutions. Easy Websites Solutions will not charge any fees in addition to those specified in the Agreement without first consulting the client and reaching an agreement regarding this.
Easy Websites Solutions will be guiding the client to conquer the website desired upon client's requirements.
Easy Websites Solutions agrees to design, build, install, and/or maintain a website for client according to agree upon specifications on the Agreement, including, custom graphics, header or logo as specified, all pages and links necessary to display products and/or services of client. If CMS (Content Management System) open source software like: WordPress, Joomla, Mambo, etc. are used to build the website, Easy Websites Solutions is not responsible for updates, upgrades, maintenance, malware, virus removal or other work, after the website is complete without the clients consent and it is the clients responsibility.
Easy Websites Solutions acknowledges that the any services rendered under a Service Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture.
Easy Websites Solutions recognizes and acknowledges that this Terms and Conditions Service Agreement creates a confidential relationship between Easy Websites Solutions and Client and that information concerning Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as "Confidential Information."
Easy Websites Solutions Associates agrees that, except as directed by Client, it will not at any time during or after the term of a Service Agreement to disclose any Confidential Information to any person whatsoever and that upon the termination of the Service Agreement, it will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client.
2. Pricing information.
All orders must be paid in full before the start of your project.
We accept Visa, MasterCard, Amex, Discover & PayPal. The total project fee amount does not include merchant account, payment gateway, ADA compliance, shopping cart, plugins, code or any other products or services and items that are not on the *specifications agreed upon" letter of agreement . Clients require and is client responsibility to advise Easy Websites Solutions to add extra product or services mentioned above. Any monies collected are non-refundable.
3. Time Frame of completion.
Easy Websites Solutions and the client must work together in a timely manner, to avoid missed deadlines. The client must supply Easy Websites Solutions with any specific text, graphics, or other specific items for inclusion in a timely manner, unless agreed otherwise. In the case that there are multiple changes including but not limited to the website’s layout, colors, pictures, fonts, the website project process will be delayed.
Client is solely responsible for supplying website content, authoring, organization, images in file format unless Easy Websites Solutions is hired specifically for this purpose and it is stated in the agreed upon specifications. If all text and graphics necessary to complete the work are not received by Easy Websites Solutions within 30 days from the date of Service Agreement, the balance of payment will become due and payable upon request. If all materials needed to complete the website are not received on the date specified and the software becomes outdated, additional charges may apply to update the necessary software. If the project is not finished because the necessary material has not been received by the date of completion an additional 5% will be added every week until the website is done. Any products or services not specified in the Service Agreement are not required of Easy Websites Solutions.
4. Website Content.
All the items and material to build the website, such as pictures, text, content, forms, etc., must be submitted via email to Easy Websites Solutions.
Documents/web content/verbiages; must be provided by client on typewritten word document format. Easy Websites Solutions will not type or create content for the client if such of items are not specified on the Service Agreement.
Photos and graphics for the website: Pictures and graphics provided by client must have a proper name to be in compliance with ADA & WCAG standards. Photos and graphics must be submitted to Easy Websites Solutions in any of the standard graphic formats and emailed directly to Easy Websites Solutions. Easy Websites Solutions will resize your graphics to conform to your web page. Easy Websites Solutions will not accept graphics smaller than 2” x 2” or larger than 8.5” x 11”. If pictures provided by clients do not have proper name, Easy Websites Solutions will add a proper name and the necessary alternative text to comply with ADA standards. Easy Websites Solutions is not liable for any complain regarding pictures name and alternative text added by Easy Websites Solutions.
5. Hosting & Domain Name.
Website hosting & domain name will be purchased by client. It is the client’s responsibly to maintain and renew the domain name and web hosting accounts. It is the client’s responsibility to renew the services with the company which they are registered with. If the domain name(s) and hosting are not renewed by the day of the expiration date, the client’s website will no longer be in service. To reactivate the website there will be a one-time set-up fee. Easy Websites Solution is not responsible for any web hosting or domain name issues that may cause website interruption.
6. Online Payment & Shopping Cart Setup (If Applicable).
In order for Client to accept online payments on their website, Client is responsible to sign up with a payment gateway company to accept online credit card payments. Easy Websites Solutions is not responsible to acquire any payment gateway company to clients.
7. Website Creation.
Easy Websites Solutions uses different CMS (content management system) software, plugins, and themes but not limited to build websites. We use premium (paid software) and free software as well.
It is responsibility of client to pay for the premium software.
Since we uses Third Party software companies to build websites, Easy Websites Solutions is not responsible or liable for any issues arise from any Third Party software and company that we use to build or create website
When client join the Software Updates and Maintenance program the premium software fees are waived. If client don’t join the Software Updates and Maintenance program, it is client responsibility to pay for those software after 1year that the website was built to get the benefits that those software offers. Easy Websites Solutions is not responsible or liable for any premium software not renewed by client. Client understood and agreeing that Easy Websites Solutions is not liable or responsible but not limited to any issues raised after the website is done and completed.
After the website is completed and Client decided not to work with Easy Websites Solutions anymore and moved apart of any but not limited of Easy Websites Solutions services, Easy Websites Solutions is not liable and responsible for any issues, claim, ADA Accessibility issues or any issues arise after the website is completed. Since Client decided to move apart of any services from Easy Websites Solutions, Easy Websites Solutions will not be contacting Client for any reasons, software updates, website updates, new regulations, new terms and conditions but not limited with Easy Websites Solutions services and communication with client.
Easy Websites Solutions assume that, if there are not any services, communication or any business relationship involved with Client any more, Client agreed that Easy Websites Solutions is not responsible or liable for any matters, issues but not limited arising after the website is completed. And, it is client responsibility and obligation to request the necessary credentials and materials that belong to the website.
8. Website Upgrading Fees.
In case if you would like to change/upgrade pictures content or anything on your website. Easy Websites Solutions offers website upgrading to their clients at a rate of $70/hour. Minimum maintenance fee of $35 is applied if updating takes 1/2 hour.
9. Software Updates and Maintenance Program.
WordPress is the default third party company/software that Easy Websites Solutions uses to build websites, unless client required a different platform.
If WordPress is the choice to build the website, there will be ongoing monthly Software Updates and Maintenance program service fee to keep all the software updated. The Software Updates and Maintenance program fee will be determinate upon the website updates needs. It is necessary to keep all the software and plugins updated to avoid interruption issues, malware, viruses and to correct any patches the software and plugin companies provided for the website.
Here are the items, but not limited we update in monthly basis:
WordPress software core update, Theme update, Plugin updates, Monthly full backups, Website virus scan, Malware alert and detection, Spam control, Spam comments deletion, Clear and purge all cache, Cross browser, compatibility test, Contact form test, Monthly report.
Easy Websites Solutions is not relate or affiliated with any of these companies. Easy Websites Solutions is only updating the software that these software companies sent out for updates. Any interruption in website functionality or operations regarding any of the software on the website is not the liability of Easy Websites Solutions.
If client decides not to add the Software Updates and Maintenance program, Easy Websites Solution is not responsible for any software outdated and its consequences that arise. Here are some issues may arise but not limited to a software outdated; malware injection, website hacking, no website accessibility, website not working properly and more. It is necessary to keep all the software updated to avoid these types of issues.
The Software Updates and Maintenance program is designed to avoid software outdated/malfunctions and to avoid malware or website interruption issues. In case if you joined the Software Updates and Maintenance program and for somehow your website got hacked with malware or your website is interrupted in any way, Easy Websites Solution is not responsible or liable for any issues it may cause. Easy Websites Solution will analysis the case and advises to client the necessary steps to try to solve the issue. It is at client expense the work that requires fixing such of issue.
The Software Updates and Maintenance program it is only to updates the software outdated. Client understood and agreed that Software Updates and Maintenance program is not intended to fix any accessibility issues but not limited with websites errors or issues arising at any time.
In the event of the client delaying payment a surcharge of ten percent will be made on the outstanding balance per month. Easy Websites Solutions reserves the right to suspend any or all services, until payment is received in full. A charge of US$25.00 will be charged on all NSF payments and or any other type of payment.
Client agrees that copyrights to Easy Websites Solutions work product produced in the performance of a Service Agreement shall remain the exclusive property of Easy Websites Solutions, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without Easy Websites Solutions prior written consent. Any rights granted to Client under a Service Agreement shall not affect Easy Websites Solutions exclusive ownership of the work copyright.
Except where otherwise noted, the material on this website is Copyright ©Easy Websites Solutions. Material which is not an original work of Easy Websites Solutions has had its copyright licensed from the owner by Easy Websites Solutions. Except for temporary electronic storage for the purpose of immediate viewing, no part of this website may be stored or transmitted, electronically, mechanically, or otherwise, without the prior express consent of Easy Websites Solutions.
PLEASE DO NOT STEAL OUR WORK. We take copyright very seriously. We prosecute all cases.
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material supplied by client. The client represents to Easy Websites Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Easy Websites Solutions 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 Easy Websites Solutions Web Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Client is solely responsible for supplying website content, authoring, organization, images in file format unless Easy Websites Solutions is hired specifically for this purpose and it is stated in the agreed upon specifications. If all text and graphics necessary to complete the work are not received by Easy Websites Solutions within 30 days from the date of contract the balance of payment may become due and payable upon request. If all materials needed to complete the website are not received on the date specified and the software becomes out-dated, additional charges may apply to update the necessary software. If the website, graphics or any project is not finished because the necessary material has not been received by the date of completion an additional 5% will be added every week until the project is done. By providing text, images, links and other data but not limited to Easy Websites Solutions for inclusion in the client’s website or graphics or other medium, the client confirms that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. The client agrees to fully indemnify and hold Easy Websites Solutions free from harm in any and all claims but not limited resulting from the client not having obtained all the required copyright, and/or any other necessary permission. All designs, web and graphic work but not limited– where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice required as to its use.
12. Easy Websites Solutions Design Credit on Website.
A link to Easy Websites Solutions will appear in small type & graphical format at the bottom of every page on the website. The link will not cause users to leave the Client website; rather, it will open a new browser window to the Easy Websites Solutions website or email address, at Easy Websites Solutions discretion. The link will typically state, "Powered by Easy Websites Solutions." This link may not be modified at any time without express written consent of Easy Websites Solutions during the existence of the website for public viewing. Additionally, design credits to Easy Websites Solutions could also be in the HTML code of each page, hidden from normal view, and may not be modified at any time without express written consent of Easy Websites Solutions Web Design during the existence of the website for public viewing.
13. Website Content and Alterations by a Third Party Company.
Easy Websites Solutions is not responsibility for any alterations of the client’s website in general, pages, framework, themes, plugins and not limited, caused by the client or third parties. Such alterations include, but not limited to additions, content additions, content modification, modifications in general, color changes, heading change, pictures changes, alternative text images, deletions, stolen content, stolen domain name, hosting failure, uploading of pictures, content, colors, contrast errors and accessibility errors. Easy Websites Solutions is not responsible and not liable for any changes or additions done by the client, Third Party Company and other persons or design firm. If any lawsuits, litigation, disruption arise to content, design or function of the website due to changes done by any other persons, other than Easy Websites Solutions, Easy Websites Solutions is not responsible and liable of any issues arise. If client hired Easy Websites Solutions to add a third party company, third party software, third party link but not limited to adding a third party in general to the website, Easy Websites Solutions is not responsible and not liable for any issue, malfunction, claim, lawsuit but not limited to issues arising from the third party added to the website.
Any corrections that need to be fix on the website done by any others persons or Third Party Company on the website will be an hourly rate of $80.
14. Specific Unacceptable Use Policies.
a) Server abuse
Any attempt to undermine or cause harm to a server, or customer, is strictly prohibited.
b) Unauthorized use and illegal activities prohibited by Easy Websites Solutions:
The use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. We DO NOT allow adult, pornographic, nudity, obscene, warez, cracks, serials or any other illegal content.
Any unauthorized use of accounts or computers by an Easy Websites Solutions Customer, whether or not the attacked account or computer belongs to Easy Websites Solutions, will result in action against the attacker. Possible actions include, account suspension, cancellation, civil or criminal legal action, and any other legal means of recourse depending on the seriousness of the attack.
15. DATA BACKUP.
While Easy Websites Solutions shall use its reasonable endeavor to ensure that backup copies of the Website and all Client’s data contained in the website are made, the Client shall be solely responsible for the backup of such data and Easy Websites Solutions shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Easy Websites Solutions , or its partners to back up such data after site completion. Easy Websites Solutions only does a full back up of data and website files once and after the site completion. If client needs monthly data and files backup, client will need to join the website and maintenance program. Your web hosting company may have backups as well of your website, files and database.
After the websites is done, Easy Websites Solutions will provide to client a website backup for client to have and save. Easy Websites Solutions will also provide the necessary information for accessing the admin control panel of the website, hosting account and any other accounts used in conjunctions of the website design process. Client must understand that by accessing the website admin, hosting and other account without the necessary knowledge could or may interrupt and harm the website functionality. Any interruption or malfunction to the website, hosting and other accounts but not limited done by client, third party or any other person is not responsibility and not liable for any claim to Easy Websites Solutions. Easy Websites Solutions will analyze the issues and quote to client accordingly.
16. Polices and Legal Documents.
It is client’s responsibility to provide to Easy Websites Solutions the proper Policies and Legal Documents to add to client’s website. Easy Websites Solutions is not responsible in providing any Policies and Legal Documents but not limited in regard of Legal Documents. Easy Websites Solutions will not accept responsibility if client don’t provide the proper Policies and Legal Documents to protect its online presence. Client need to consult their own legal department to provide such of forms.
Here are some of them but not limited to the Polices and legal documents that client needs to provide to add to the website.
Fair Housing Notice
17. Limitation on Liability.
Neither Easy Websites Solutions nor anyone else who has been involved in the creation, production, or delivery of the website or any other service and not limited, shall be liable to the client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement of programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use the website services, even if Easy Websites Solutions has been advised of the possibility of such damages or claim.
In any case, Easy Websites Solutions entire liability under any provision of this Agreement is limited to the price amount actually paid by client when the website was built. This not included any retainer fees for any services that Easy Websites Solutions provide to client on monthly basis.
When website and other services but not limited provided by Easy Websites Solutions is paid in full or there is a monthly retainer fee for any services, client is agreed of the work done by Easy Websites Solutions. Easy Websites Solutions will not take any responsibility and liability but not limited to any issues that arise after any work or services is done, completed and paid by client to Easy Websites Solutions.
Easy Websites Solutions will not be held responsible for any and all damages but not limited in resulting from any claims arise to the client. Easy Websites Solutions is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Easy Websites Solutions responsible for any such loss or damage. Any claim against Easy Websites Solutions will be limited to the “total project fee amount” paid by the client; NOT including any recurring service fees for any recurring services provided. Any claim against Easy Websites Solutions for any recurring service fees collected from the client from any services but not limited that Easy Websites Solutions provided are not refundable. When client recurring payment is made, client is agreed and approved in full all the work that Easy Websites Solutions performed.
Easy Websites Solutions is not liable for any lawsuits from client or any lawsuits arise to the client in regards of any issues but not limited to the website, third party themes, third party software, web hosting, CMS, CMS open source, third party frames, iframes, scripts, Java scripts, PHP Code, CSS code, general code, software, database, backups, updates, outdated software, site speed, copyrights, website malfunction, shopping cart, sales, loss of sales, leads, loss of leads, headings, page errors, post content, content in general, alt text, SEO, website ranking, website visibility, Google penalties, SEM, marketing, errors, contrast errors, SEO ranking, traffic, indexing, ADA issues, policies, website accessibility, structural elements, alerts, ARIA, HTML elements, CSS elements, Ads, Paid Ads, PPC, advertising, spam, virus, malware, old and new rules and regulations, search engine new rules and regulations that may arise. The website, graphics or any other services provided, will be fully completed and approved by the client when the remaining balance is paid off by the client. Monthly website work will be fully approved by the client when the monthly retainer payment is made.
If it becomes necessary for Site-Maker to bring legal action to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection. Moreover, if there are still items in dispute upon termination, we agree to submit to binding arbitration only in Long Beach, California in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
18. Disclaimer of endorsement.
Reference herein to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Easy Websites Solutions, its employees, sponsors, or contractors. Links from these pages are provided as a service to users of the World Wide Web. Their existence does not necessarily constitute an endorsement by Easy Websites Solutions. Easy Websites Solutions is not responsible for the contents of any off-site pages referenced.
The data contained on this website is for informational purposes only and is not represented to be error-free. Easy Websites Solutions (referred hereafter as "Easy Websites Solutions") reserves the right to discontinue or vary offers without notice on this website. Prices subject to change without notice.
19. Pricing Errors.
Due to human error, our site may list an occasional incorrect price. While we make every effort to ensure these mistakes do not happen, Easy Websites Solutions Web Design cannot honor incorrect prices. In the event an error is found, we will inform the customer before the order is placed. At that time the customer will have the option to place the order with the correct pricing, or to cancel their order completely. Prices subject to change without notice.
20. Online Website Rules & Regulations
We are doing our best to comply with rules and regulations but not limited in terms of designing websites. There are lots of rules and regulations by the World Wide Web, search engines, ADA but not limited that comes every day and it is impossible to comply with all of them. Easy Websites Solutions will not assume any responsibility to any old or new rules, regulations, laws, but not limited that Easy Websites Solutions couldn’t complied when website was built.
21. Online Advertising
All types of online advertising Ads, like Google Ads, Facebook Ads, Instagram Ads, LinkedIn Ads but not limited to online advertising Ads, Easy Websites Solutions is not responsible for any results or outcome that the Ads bring to client. Easy Websites Solution does not guarantee any results or outcome to the client for running online advertising. Advertising set up and monthly management fee does not include the amount spent to run the Ad. Ads. Advertising Ads set up and monthly management fee paid by the client are not refundable.
22. ADA Compliance for websites.
Easy Websites Solutions is doing the best effort to create website with ADA compliance. We use different software and tools to detect any errors for accessibility. We also use different plugins to add accessibility solutions for disable people. We do the best effort to correct any errors, contrast errors and other errors regarding accountabilities issues. There are different alerts signals as well that comes with every test. Some of those alerts can be fixable and some are part of the process in building the esthetic of the website and its functionality. There are Structural Elements and Aria that are part of the website frame and website construction. Easy Websites Solutions is not liable for any lawsuits that arise to the client in regards of any but not limited of ADA compliance issues reading the website accessibility.
If for any reason Client decided not to fix errors or issues for accessibility but not limited to the website accessibly and other errors in general, Easy Websites Solutions is not liable or responsible for any lawsuits, claims arise to client in regards of the website that Easy Websites Solutions created. Clients require and is client responsibility to advise Easy Websites Solutions to add ADA compliance to the website.
In the unlikely event that this relationship does not work to either of our satisfactions, fourteen days written notice is requested to address any problems. If the project is cancelled for any reason, you will remain liable for all outstanding obligations owed for all hosting or domain name fees, if website has been launched live to the web. Moreover, if there are still items in dispute upon termination, we agree to submit to binding arbitration only in the state of California in Long Beach in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
24. Accepting Terms and Conditions Service Agreement of Easy Websites Solutions Web Design.
By placing an order or services but not limited to Easy Websites Solutions services, the client acknowledges that they have read the Terms and Conditions Service Agreement, understand it, and agree to be bound by its Terms and Conditions Service Agreement, and that they further agree that the Agreement is the complete and exclusive statement of agreement between the parties and that it supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the Agreement. Our online Easy Websites Solutions Terms and Conditions Service Agreement are fully incorporated by reference in the Service Agreement signed by the client.
25. Changes and Updates to Our Terms and Conditions Service Agreement.
Easy Websites Solutions can or may change this Terms and Conditions Service Agreement at any time. Easy Websites Solutions will notify the client of the changes and updates in writing or via email (including but not limited, by posting a notice on the website or through the services indicating that the Terms and Conditions Service Agreement have been “updated” or any similar words). By using Easy Websites Solutions Services after changes are made to these Terms and Conditions Service Agreement you indicate that you agree to be bound to all changes and updates made to Easy Websites Solutions Terms and Conditions Service Agreement.
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