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GoWebZilla Terms & Conditions |
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1. IMPORTANT INFORMATION
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
2. DESCRIPTION OF HI-5 QUALITY WEBSITE STARTER PACKAGE SERVICES
2.1 GoWebZilla.com will build a Web site for you customizing the layout you selected within your order for a total of 5 pages. The customization includes the following:
2.1.1 Adding customer's company name/slogan.
2.1.2 Adding customer's logo.
2.1.3 Changing menu names.
2.1.4 Replacing existing content with customer's content (text).
2.1.5 Replacing existing pictures with customer's pictures if desired.
2.2 Option to acquire HOSTING PACKAGE as described on our website for the discounted price of US$ 25.00 per month.
2.3 Option acquire additional changes or pages for the discounted rate of US$ 70.00 per hour.
2.4 Customization does NOT includes changes on the existing layout besides the ones listed on this Agreement. Such changes if required by customer will be charged at our hourly rate (view item 2.3).
2.5. The client understands that GoWebZilla.com Web Design Service does not provide any hosting services in connection with this web design project. Hosting services require a separate contract with the GoWebZilla.com Web Design Service. The client agrees to select a hosting service which allows GoWebZilla.com Web Design Service full access to the client's account via FTP. The client will be solely responsible for all hosting service charges.
3. WORKING PROCESS
3.1 Your order will be added to our production schedule once we receive your payment.
3.2 We will set up your website using the layout that you choose and publish it on the internet using our on hosting. This will help you to select the content to be provided to us.
3.3 You will provide us all the content (text, pictures and logo) to be replaced to the existing website layout. You will use the layout placed available on the previous step as a reference at the time you select the content.
3.4 Once we receive ALL the content to be used on the site we will add it to the existing layout.
3.5 You will review our work for any mistakes or errors
3.6 We will make the corrections.
3.7 You will sign a final approval form and fax it back.
3.8 We will upload the website to your host.
4. TURNAROUND
Once we start the job we agree to work expeditiously to complete the web design project no later than 30 days after the client has submitted all necessary materials. GoWebZilla.com will do everything in its power to correctly produce your job in a timely manner, but can not guarantee a specific completion date. The 7 business day turnaround is an estimate, and is not to be confused with any guarantee. GoWebZilla.com and the client must work together to complete the web design project in a timely manner.
5. YOUR OBLIGATIONS
You shall be responsible for the following:
5.1 Providing GoWebZilla.com with all relevant information and custom images in connection with development of your Web site.
5.2 Work together with GoWebZilla.com according to the "WORKING PROCESS" listed on this agreement.
5.4 Obtaining Internet connectivity to access your Web site, to send and receive e-mail, and to otherwise access and utilize the Internet.
5.5 To the extent Customer gathers any personal information about visitors to your Web site, Customer will not share that personal information with any third party without first obtaining a visitor's consent.
5.6 Ensuring that the Web site content provided by Customer does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties. By using the Design Services, Customer represents and warrants that any name or word submitted to be used as all or part of the URL associated with your Web site does not infringe any trademark or domain name rights of any third party.
5.7 Ensuring the accuracy of materials provided to GoWebZilla.com, including, without limitation, Web site content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer.
6. CONTENT YOU PROVIDE AND CUSTOMER'S RESPONSIBILITY
GOWEBZILLA.COM will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. GOWEBZILLA.COM shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason. If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, GoWebZilla.com has the right to suspend or terminate your account and refuse any and all current or future use of the Design Services (or any portion thereof). Furthermore, GOWEBZILLA.COM shall not be held responsible for maintaining backups of customer's data in the event of loss or corruption, and customer accepts sole responsibility for maintaining any such backups.
7. OWNERSHIP
With the exception of your ownership interest in the information, materials, images, photos and other content you provide to us for inclusion in your Web site, ownership interest to your Web site, including, but not limited to, the HTML coding, scripting, copyrights, and all other intellectual property rights, shall remain exclusively with GoWebZilla.com or it's independent content providers.
8. LIMITED USAGE GRANTED
You may use each individual product on a single website only, belonging to either you. You have to purchase the same website once more in order to make another project with the same design.
9. UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
10. SUSPENSION AND/OR TERMINATION
If you breach any term of this Agreement, GoWebZilla.com may, in its sole and exclusive discretion, suspend or terminate your Design Services immediately and without notice to you. In addition to your obligation to pay all fees for the Design Services, Design Services fees may continue to accrue on suspended accounts and you will continue to remain responsible for the payment of any Services fees that accrue during the period of suspension.
11. FEES, PAYMENT AND TERM OF SERVICE
As consideration for the services you purchased, you agree to pay GoWebZilla.com the applicable service(s) fees set forth on our Web site at the time of your selection, or, if applicable, upon receipt of your invoice from GoWebZilla.com. All fees are due immediately and are non-refundable, except as otherwise expressly noted in one or more of the Schedules to this Agreement. If you qualify, we may extend payment terms to you under our Business Account Credit Program. In any event, you are solely responsible for the credit card information you provide to Network Solutions and must promptly inform GoWebZilla.com of any changes thereto (e.g., change of expiration date or account number). All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.
12. NO WARRANTY
Customer agrees to use GOWEBZILLA.COM's Services, and any information obtained through or from GOWEBZILLA.COM, at Customer's own risk. Customer acknowledges and understands that neither GOWEBZILLA.COM, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. GOWEBZILLA.COM specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
13. ADDITIONAL INDEMNIFICATION OBLIGATIONS
In addition to your indemnification obligations set forth elsewhere in this Agreement, you agree to defend, indemnify, and hold harmless GoWebZilla.com and each of its officers, directors, employees, agents, affiliates, co-branders or other partners, and employees of any of the foregoing, from, against, and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim in connection with your Web site (including, but not limited to, Web site content) or the URL and (ii) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including reasonable legal fees and expenses (whether incident to the foregoing or to GoWebZilla.com' enforcement of said rights or defense and indemnity).
14. CHANGES
GoWebZilla.com reserves the right to amend its Design Services offerings and to add, delete, suspend or modify the terms and conditions of such Design Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
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