Terms and Conditions

Terms and Conditions – the short version:

We will act honorably and respectfully toward you and your company and our agreements, we expect the same in return. We will provide the service stated in our agreement, perhaps even a little more, we expect you to provide payment as agreed upon. We intend to perform said service with such quality, timeliness and attentiveness that you will decide at each contact renewal decision point that there is no better value or service in the market place, and will continue to honor us by allowing us to serve you.

Now, on to the more traditional small print:

—  Web Design  —

You must agree to the following terms and conditions to have your web site hosted by Elegant Eagle Web Design. By placing your order you indicate acceptance of these terms.

Authorization

The Client is engaging Elegant Eagle Web Design as an independent contractor for the specific purpose of designing/redesigning a website, herein after referred to as “The Project”, to be published on the Client’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as “Hosting Service”. The Client hereby authorizes Elegant Eagle Web Design to access this account, and authorizes the Hosting Service to provide Elegant Eagle Web Design with “full access” to the Client’s account, and any other programs needed for this Web Design Project that are included as part of the Client’s service agreement/level. The Client also authorizes Elegant Eagle Web Design to submit the completed Web Design Project to major Web Search Engines.

Assignment of Web Project

Elegant Eagle Web Design reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.

Copyrights and Trade Marks

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Elegant Eagle Web Design for inclusion in the web design project 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 Elegant Eagle Web Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners.

Changes to Submitted Text

Time required to make substantive changes to client-submitted text and or multimedia after the Web pages have been constructed will be additional, billed at our standard hourly rate unless they are covered by a website maintenance package that includes such updates and modifications.

Content and Images

The client is responsible for providing all content and images for inclusion in the project. Minor adjustments to images and text as stated in the design package are included. Creation and modification of text and images that go beyond the the design package and are not explicitly agreed to in writing will be billed at our current rates.

Completion Date

Elegant Eagle Web Design and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Elegant Eagle Web Design with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Elegant Eagle Web Design as liquidated damages and the contract shall become null and void, at Elegant Eagle Web Design’s option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement.

Project Delivery

The final web site design project will be published to the Client’s hosting service upon receipt of final payment. The Client understands that Elegant Eagle Web Design provides not provide hosting or maintenance services in connection with this Web Design Project. Hosting services require a separate contract with Elegant Eagle Web Design or a hosting service of the Client’s choice. The Client agrees to select a hosting service which allowsElegant Eagle Web Design full access to the Client’s account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.

Web Design Copyright

Original web site content specifically requested by the client and designed under work for hire shall be the intellectual property of the client once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Elegant Eagle Web Design and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

In the case of the one page $15 website package, all intellectual rights associated with the design, layout, code creation and code modifications remain with Elegant Eagle Web Design until the receipt of payment for the 12th month of hosting, at which time all such rights will be transferred to the client.

Payments

Payments must be made promptly based on the terms of this Web Site Design Project. Elegant Eagle Web Design reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 30 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective only when signed by Elegant Eagle Web Design. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Onslow county, North Carolina, and any dispute will be litigated or arbitrated in Onslow county, North Carolina and the Client hereby consents to the personal jurisdiction of the North Carolina State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.

Payment Schedule

One page web design packages must be paid, including at least 3 months hosting, up front, at the time of offering.

All other Website design projects will follow the payment plan outlined in the contract. Usually consisting of a down payment, payments at milestones and a final payment at project completion.

Cancellation

If the client halts work after this agreement is signed the initial payment will be returned less the amount due based on the current hourly rate for the work completed, or $99.00, the greater of the two. Cancellation must be in writing and is effective upon receipt at Elegant Eagle Web Design Notice must be mailed, e-mailed, or faxed to Elegant Eagle Web Design Work completed shall be billed the current hourly rate. If at the time of the cancellation work has been completed the client shall be liable to pay the entire contract

The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Website Maintenance

This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, image modifications, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs.

Major page code and/or graphics changes and additions (if you have a hosting and maintenance contract with us please refer to the terms and conditions in the web hosting section) will be charged at the current hourly rate. (Notice: This rate is subject to change at any time.) Continuous maintenance will be billed when $250 has been reached, or in 30 day increments, which ever comes first. All payments, regardless of amount, must be made within 30 days.

Right of Refusal

Elegant Eagle Web Design reserves the right to refuse service for any material that Elegant Eagle Web Design feels is not legal, moral or in the best interest of Elegant Eagle Web Design but Elegant Eagle Web Design is not responsible for the content of any materials supplied by the client.

Errors and Omissions

Elegant Eagle Web Design will use good faith to ensure pages authored by Elegant Eagle Web Design are free of errors however, Elegant Eagle Web Design may not be held responsible for any errors that may arise in the course of authoring any pages. Elegant Eagle Web Design does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client’s responsibility to proof their own pages for errors and inform Elegant Eagle Web Design of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. Elegant Eagle Web Design will correct minor text changes at no charge for 30 days from the date the site is posted to the web hosts’ server. After 30 days, changes will be charged on a per instance basis.

This Agreement

This agreement constitutes the sole agreement between Elegant Eagle Web Design and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgment of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.

—  Website Hosting  —

You must agree to the following terms and conditions to have your web site hosted by Elegant Eagle Web Design. By placing your order you indicate acceptance of these terms.

Right to Refuse Service

Elegant Eagle Web Design reserves the right to refuse services to anyone for any reason. This policy is enforced to ensure a professional and secure environment for all customers on our systems.

Disclosure to Law Enforcement

If we (Elegant Eagle Web Design) are required by law to disclose certain information to local, state, federal, national or international government or law enforcement authorities, we will do so. If we receive a subpoena requesting a Client’s information, we will immediately notify the Client of the subpoena in a timely manner to afford the Client the opportunity to take legal action to oppose the subpoena should the Client wish to do so.

Payment of Fees

ALL PAYMENTS TO ELEGANT EAGLE WEB DESIGN ARE NON-REFUNDABLE AFTER 30 DAYS & THERE WILL BE NO CHARGE BACKS

On the month that your hosting plan starts you will have the option to chose from the due dates and a plan of 3,6, or 12 months of hosting. If you opt for12 months paid in advance a discount equivalent to one month of hosting will be applied to your bill. If you prefer to be billed monthly please contact billing@ElegantEagle.com

Please note: Hosting is paid in advance. If for any reason you can not renew your hosting plan by the scheduled day please get in contact with us at billing@ElegantEagle.com. We will make any reasonable effort to accommodate you.

For payment not made within 30 days of due date Elegant Eagle Web Design reserves the right to replace your website with a site down message or render your site non vissible.

Refund and Disputes

All payments after the initial 30 days of service to Elegant Eagle Web Design are non-refundable. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

Liability

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries

Elegant Eagle Web Design provides technical support to our clients for all of the components we installed. We can not support pluggins, CCS, HTML, PHP or any other code or additions to your website that we did not initiate and maintain.

As we offer a number of hosting packages that allow for different levels of client modifications to their websites, please see the hosting package for specifics on what we support and what we do not.

SPAM and Unsolicited Commercial Email (UCE)

Elegant Eagle Web Design takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that clients of Elegant Eagle Web Design may not use or permit others to use our network to transact in UCE. Clients of Elegant Eagle Web Design may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service and/or fines.

Violation of Elegant Eagle Web Design’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Elegant Eagle Web Design will initiate an immediate investigation (within 48 hours of notification). During the investigation, Elegant Eagle Web Design may restrict client access to the network to prevent further violations. If a client is found to be in violation of our SPAM policy, Elegant Eagle Web Design may, at its sole discretion, restrict, suspend or terminate client’s account. Further, Elegant Eagle Web Design reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Elegant Eagle Web Design will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $150 per hour that Elegant Eagle Web Design personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

IP Address Ownership:

If Elegant Eagle Web Design assigns the client an Internet Protocol address for client’s use, the right to use that Internet Protocol address shall belong only to Elegant Eagle Web Design, and client shall have no right to use that Internet Protocol address except as permitted by Elegant Eagle Web Design in its sole discretion in connection with the Services, during the term of this agreement. Elegant Eagle Web Design shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to client by Elegant Eagle Web Design, and Elegant Eagle Web Design reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth Usage:

Client agrees that bandwidth that exceeds the given rate on a monthly basis will pay an “overage” as detailed on Elegant Eagle Web Design website. Elegant Eagle Web Design will monitor client’s bandwidth and will work with the client to resolve the situation. Keep in mind that your bandwidth limits are very generous and an overage condition would occur only in the even that your website becomes extremely popular.

Elegant Eagle Web Design shall have the right to take corrective action if client’s bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Elegant Eagle Web Design’s sole and absolute discretion. If Elegant Eagle Web Design takes any corrective action under this section; client shall not be entitled to a refund of any fees paid in advance prior to such action.

Availability:

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Suspension of Service or Cancellation:

Elegant Eagle Web Design reserves the right to suspend network access to any client if in the judgment of Elegant Eagle Web Design network administrators the client is the source or target of the violation of any of the other terms of this agreement or for any other reason which Elegant Eagle Web Design chooses. If inappropriate activity is detected, all accounts of the client in question will be deactivated until an investigation is complete. Prior notification to the client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client will not be credited for the time the client’s accounts/machines were suspended.

Closing:

Elegant Eagle Web Design reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate cancellation.

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