Terms and Conditions:
Initiating the Valentino Web Design/Chad Meyer project process or using our services implies your acceptance of these terms. Valentino Web Design/Chad Meyer reserves the right to modify this Agreement and will notify the client via email if any changes to the agreement are made. If you do not agree to these terms and conditions, please notify Valentino Web Design/Chad Meyer in email via firstname.lastname@example.org to terminate your account. Continued use of the service shall constitute your approval. Client represents and warrants to Valentino Web Design/Chad Meyer that he/she is eighteen (18) years of age or older or is another type of legal entity, such as a corporation, individual or small business.
Invoices not paid in full within 5 days of the due date will be considered late. Invoices not paid in full within 30 days past their due date may result in account suspension. All web sites and client work stored by Valentino Web Design/Chad Meyer will be removed from our systems once any invoice is not paid in full and 60 days past the due date.
If you choose to purchase a theme from Theme Forest, you are purchasing a license to use that theme. The license you buy allows different rights to use theme in different ways. Explained here: Theme Forest Terms- Valentino Web Design/Chad Meyer are not charging you for this theme creation, as we did NOT create any theme's bought from Theme Forest. The particular theme you choose belongs to it's respectable author at Theme Forest, NOT to Valentino Web Design/Chad Meyer. However, when you purchase our CMS (Content Management System) package and decided to purchase theme from Theme Forest, you have purchased our time customizing that particular theme. This is what we charge you for, our time customizing the theme bought from Theme Forest. Such customization, but not limited to, is listed below:
Install of CMS (Word Press or Joomla).
Adding content to CMS.
Adjusting color scheme, text font, tables, buttons, images, sections, sliders, column layouts, message box styles, pullquotes, blockquote styles, video profolio, typography, sitemap, testimonials, tabs, list styles, dropcaps, widgets, dividers and any other applicable styles or features as necessary.
Updating CMS (Word Press or Joomla).
[DOMAIN NAME AND HOSTING REGISTRATION TERMS]
When you choose a Valentino Web Design/Chad Meyer development package, and have no domain name or hosting, we will create these accounts for you. The company we use for domain registration and hosting is HostGator, they are a separate business from Valentino Web Design/Chad Meyer. They are the respectable owners of the hosting supplied to your business or entity through Valentino Web Design. We DO NOT claim any of Host Gator's work as ours, we simply refer you to their hosting and domain name registration options and start accounts for you.
[ACCESS EMAIL AND TRANSACTIONS TERMS]
To better suit your time management and ours we will need to access your primary email accounts to activate any Hosting, Theme, cpanel, domain name, DNS servers, and any other activation processes you may need in order to begin your web development creation. We DO NOT open any emails other than primary activation web development emails we need to activate your accounts that are created for you by Valentino Web Design/Chad Meyer. We review with owner and confirm credit card information before any activations of accounts.
Your privacy is important to us, we DO NOT perform any unauthorized transactions. If contract signed, you give us authorization to purchase discussed accounts at meeting(s), such as, Theme Forest and Host Gator etc... These are non-refundable transactions. When purchase made through third party web site, such as, Host Gator, you are responsible for your own actions with that account. Valentino Web Design/Chad Meyer takes no responsibility for falsifications of any records, account numbers etc...
When putting a website together the client is responsible for supplying content that goes into website unless other wise stated in contract or via email. Valentino Web Design/Chad Meyer will only perform 3 revisions under any contract signed by client. Example, you don't like the initial design of website, you alert us, give us detailed information on what you want changed, such as, the theme needs a different background color (give us color to change to) and you want different buttons for contact us page (give us example of buttons you want with color and text styles). After receiving your request, we review and complete it to your standards. With your request fulfilled, one full revision is now completed. Now you would have 2 more revisions if decide to change anything else on website. We will alert you when your revisions are coming to the end (total 3). If you want to continue revisions that are specific, then it is your responsibility to let us know. Your extra revisions will be added to your bill owed. Anything over 3 revisions is considered extra and can be charged by individual revision payment. Termination or suspension of service shall not relieve Client from the obligation to satisfy outstanding invoices. In the event collection effort is required, all outstanding invoices, including payments, charges and fees are immediately due in full and the Client shall be responsible for all costs of collections including attorney fees, court costs and associated fees.
[GRAPHICS, VECTORS, IMAGES AND PRINT TERMS]
Billing Questions: All billing questions should be submitted in writing via email to Valentino Web Design/Chad Meyer email@example.com Credit Card Payments: If payment is by credit card, client expressly authorizes for any fees that accrue from month to month. Client also authorizes a $2.50 fee to be charged each time that the credit card is declined.
Billing Cycle: Billing Cycles are Monthly, Quarterly or Annual depending on your service contract. The account charges are due upon a receipt of an email invoice. Request for changes to your account will be made at the beginning of the next billing cycle.
Payment Deadline: Valentino Web Design/Chad Meyer must receive payment on or before the first day of each billing cycle. The account will be considered late if payment of all account charges is not received within five (5) days of the beginning of the billing cycle. If an account is still unpaid thirty (30) days after the first date of the billing cycle, the account will be in default and the client may have their access service interrupted (password protection pompted on website until client pays full payment, after payment is made in full via paypal or check, the password protection will be removed for public viewing).
Late Payments: All overdue invoices will be assessed a minimum service charge of 2% per month up to the maximum limit allowed with a minimum late charge of $25.00. Any account that has been suspended for nonpayment will be charged a reactivation fee of $250.00. File retrieval from archives for deleted accounts is available for $500.00.
Returned Items: If any instrument (Check, Credit Card, etc) received in payment is returned to Valentino Web Design/Chad Meyer unpaid, the account will be considered to be late and in addition to the amount due, the account will be subject to a minimum late charge of $25.00 and a returned instrument charge of $75.00.
Discrepancies in Billing: Unless Client notifies Valentino Web Design/Chad Meyer of any discrepancies or irregularities within thirty (30) days of the date of the charge, they will be deemed accepted by you for all purposes, including resolution of inquiries made by card issuer. CLIENT RELEASES Valentino Web Design/Chad Meyer FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY.
Client Cancellation. Client must notify Valentino Web Design/Chad Meyer in writing via email to firstname.lastname@example.org of intent to cancel account(s) 60 days prior to their next billing cycle. Cancellation requests from clients who have fulfilled their 12-month minimum requirement will be terminated on the next billing cycle following the cancellation request. Cancellation requests received from clients who have not fulfilled their 12-month minimum service obligation will be terminated on the next anniversary date following the cancellation request. If the client elects to terminate their service before the 12-month minimum service obligation then a $350.00 early termination fee will be charged for each account that is terminated early. Cancellation requests for accounts which have been pre-paid will be terminated on the next anniversary date following the cancellation request. Accounts must be paid in full before any DNS transfer requests will be honored. Client accounts are not monitored for inactivity and Valentino Web Design/Chad Meyer does not assume a wish to cancel if account is not used. There are no refunds for time not used. Balance Due at Cancellation. Termination or suspension of service shall not relieve Client from the obligation to satisfy outstanding invoices. In the event collection effort is required, all outstanding invoices, including payments, charges and fees are immediately due in full and the Client shall be responsible for all costs of collections including attorney fees, court costs and associated fees.
Valentino Web Design/Chad Meyer service is provided without warranties of any kind, either express or implied. Valentino Web Design shall not be liable for any damages arising out of the use of the service or inability to use the service. You agree to indemnify and hold without harm Valentino Web Design/Chad Meyer, its officers, employees, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of your account whether authorized or not authorized. Lawful Use. Services provided to you through Valentino Web Design/Chad Meyer may only be used for lawful purposes. Transmission or storage of any data, information or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Valentino Web Design/Chad Meyer may remove any content that is under investigation for violation of unlawful use. Client may not, under any circumstances, use Valentino Web Design/Chad Meyer in an unlawful manner, including, but not limited to:
A. posting or transmitting of any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
B. Intercepting or attempting to intercept e-mail; and
C. Uploading files that contain software or other material protected by copyright laws unless you own or control the rights thereto.System Rules. You must use your best efforts to avoid interfering with any other person's use and enjoyment of the Internet. You agree to comply with the following system rules of Valentino Web Design
The following are strictly prohibited:
A. Any attempt to introduce viruses, worms, Trojan Horses, or any other destructive programs, or to deliberately crash or overload the server systems of Valentino Web Design/Chad Meyer or any other computer system accessed through Valentino Web Design/Chad Meyer;
B. Sending unsolicited mail. This includes but is not limited to, mailing of commercial advertising, informational announcements, political announcements and religious information. Such material may only be sent to those who have explicitly requested it;
C. Forwarding or posting chain letters; pyramid schemes; make-money fast schemes; or of any similar type;
D. Forging any message header, in whole or part, of any electronic transmission, originating or passing through Valentino Web Design's system. Additionally all messages must contain a valid return address;
E. Posting or transmitting any fraudulent information. This means any information that you know or have reason to know is false, and that you intend for others to rely on;
F. Posting or transmitting any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations;
G. Impersonation of any person including but not limited to, a Valentino Web Design/Chad Meyer official or an information provider, guide, or host, communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, client profiles, chat dialogue and message posting;
H. Newsgroup violations including posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as newsgroup spam, posting information that is inappropriate or topics not related to the topics focused on by the particular participants of the particular newsgroup; posting binary files to newsgroups not specifically named for that purpose; posting any unsolicited advertising, promotional materials, or other forms of solicitation to other Clients, individuals, or other entities, except in those areas (e.g., classified areas) that are designated for such a purpose; and violation of newsgroup charter or FAQ. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it;
I. User processes that run or are activated on Valentino Web Design's servers while the user is not logged in;
J. Interference with or attempting to interfere with service to any user, host, or network denial of service attacks. This includes but is not limited to, flooding of networks, deliberate attempts to overload a service, and attempts to crash a host;
K. Sending threatening or harassing e-mail (i.e. threatening physical injury or damage to persons or property);
L. Unauthorized reselling of Valentino Web Design; or
M. Solicitation of Valentino Web Design Clients to become clients of other online services competitive with Valentino Web Design
Failure to comply with system rules may result in suspension or termination of your account.
Severability. In the event that any portion of this Service Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, And all provisions of this Service Agreement which operate to protect the rights of Valentino Web Design shall continue in force even in the event of termination of this Service Agreement on other grounds.
No Waiver. Valentino Web Design's/Chad Meyer's failure to insist upon or enforce strict performance of this Service Agreement shall not be construed as a waiver of any provision or right. Governing Law. This agreement is governed by the laws of the State of Arizona. Both parties consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona in all disputes arising out of or relating to this Service Agreement. Captions and Headings. The various sections of this Service Agreement are for convenience only and carry no legal effect and shall no way effect the interpretation or construction of the revisions of this agreement. Relationship of Parties. Client agrees not to hold itself out as a representative, agent or employee of Valentino Web Design/Chad Meyer, and that Valentino Web Design/Chad Meyer will not be liable by reason of any representation, act or failure to act by the Client.