Definitions
- 'Company' means W4
Designs of Macon, GA..
- 'Customer' means the Customer of
W4 Designs.
- 'Services' means web hosting, domain name registration,
web development and other advertised services provided by
the Company either in the direct or indirect control of the
Company.
- 'Website' means: A website and all associated files and
not limited to source code, scripts and database
information.
Acceptable Use Policy
Acceptable Use Policy below defines the actions which the
Company considers to be abusive, and thus, strictly prohibited.
The examples named are non-exclusive, and are provided solely
for guidance to the customer. If you are unsure whether any
contemplated use or action is permitted, please
contact us and we will assist you.
General Conduct
Customers are prohibited from sending any material to the
Company that is, in the Company's sole discretion, unlawful,
obscene, threatening, abusive, libelous, contains nudity, erotic
or other sexually orientated material or encourages conduct that
would constitute a criminal offence, give rise to civil
liability, or otherwise violate any local, state, national or
international law. Certain exceptions (artistic nudity or site
contents considered offensive to general audience) are site
contents as explained, agreed and expected by us to receive for
the Customer's site contents are acceptable.
The Customer is responsible for keeping his billing data with
the Company's up-to-date and accurate. Furnishing false data on
any contract or application, including fraudulent use of credit
card numbers is illegal and may subject the offender to civil or
criminal liability.
E-mail and other types of Internet-based message
distribution.
The Company has zero tolerance for Unsolicited Commercial Email
("spam") that is in any way associated with the Company, its
clients, or any of its client's associates. Customers are
prohibited in anyway whatsoever from using "spam" as a means of
advertising data or services to distribute such materials.
Infringements of this policy include, but are not limited to:
Sending mail to users who have not specifically requested to
receive such mail, including opt-out mailing lists; Sending,
being involved in sending, or employing a third party to send
mail which advertises or mentions a site hosted at the Company
to users that have not specifically requested this mail; Forging
of message headers to mask the originator of the message;
Spoofing.
The Customer will be held responsible for the actions of its
employees in this matter, so it would be best for you to
implement a similar or stricter policy. Please review the
information at
http://spam.abuse.net for more information on what
constitutes "spam" harassment, whether through language,
frequency, or size of messages, is prohibited.
Please do not flood our email with porn, jokes, cartoons and
other frivolous email. Unnecessary email only wastes space,
bandwidth, and our time which will delay completion of your
website or other work.
Backups
The Company will try to keep backup copies of the Customer's
data which is located on any of the Company's hard drives or
disks. The primary purpose of which is for the restoration of
the Customer's data in case the data gets corrupted, lost or
needs to be changed or moved. The Company gives no warranties to
the accuracy of backup data should restoration of such data be
required. Notifying us of any modifications to your files by
anyone other than us would allow us the opportunity to update
the backup files. If you do not opt for site maintenance, we
cannot be expected to have the latest copies of your files.
Domain Name Registrations
The Company will assist the Customer in registration of domain
names as requested by the Customer. The Company does not give
any warranty or representation to the Customer that the domain
name application will be successful.
Payments
Payment for Services up to $500 (US dollars) must be paid in
full before work begins. Payment for Services over $500 (US
dollars) will be paid in two installments. The Company requires
the first payment (50% of estimated cost) before work begins,
and the final payment upon completion unless stated otherwise.
Any other payment arrangements must be approved by us before
work commences. Any account in arrears of more than thirty days
is subject to late fees without notice.
Once creation of work commences and the Customer continues
requests for work, a legal, binding agreement has been made
between the Customer and our Company. The Customer is obligated
to pay for work completed regardless of whether it is used or
not.
Prices
The Company reserves the right to change its prices at any time.
The estimated cost of the work is the expected price plus any
amendments. Any changes to the original agreement that requires
extra work will be billed separately.
Cancellation
The Company reserves the right to withdraw services at any
time. Reasons for cancellation may include bad payment history,
bad customer reputation or behavior, no time or developers
available, or other reasons.
Customers may withdraw the agreement in writing the same day of
payment without charge. Withdrawals made after one payment but
before the next results in forfeiture of payment since the
Company will be performing the services and deserves payment.
Privacy Policy
The Company is committed to ensuring that the Customer's
privacy is protected. If you order services from the Company,
the Company will need to obtain some personal information about
you, which is stored on the Company's computer systems. The
Company needs to know your name, email address or other address
where you can be contacted, your telephone number and details of
your company if applicable. This information is required to
allow us to process your order and to provide you with the best
possible service.
The Company will not share or distribute your information to
third parties unless necessary to perform the requested
services.
You can check the information the Company holds about you by
contacting us. The Company will delete or
amend any inaccurate information.
By contacting us to order a service, you consent to the use
of the information provided therein as set out in these terms
and conditions of use. If the Company changes the terms and
conditions of use, the changes will be posted on this page so
that you may be aware of them and you will be given a chance to
ask that your information will not be used for the changed
purposes.
We will not pass your details on to any other organization
unless required to do so by law. We will only contact you by
email in relation to the services about which you have inquired
or purchased, and to provide you with information which may
improve our service to you.
Indemnity
The Customer agrees that it shall defend, indemnify, save and
hold harmless the Company from any and all demands, liabilities,
losses, costs and claims, including all reasonable legal fees,
that may arise or result from any service provided or performed
or agreed to be performed or any product sold by customer, its
agents, employees or representatives. (1) any injury to person
or property caused by any products sold or otherwise distributed
in connection with the Customer's services; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold via the Customer's services.
Complaints
The Company takes complaints very seriously and will try to deal
with any complaints within five working days. Please
contact us stating the nature of your
complaint. Please include your name, web address (url), and as
many details as possible. Please do not call numerous times and
yell at the person who is trying to help you. Emails are
preferred, but if you must call, please do so at appropriate
hours as listed on the contact page of this website.
Limitations
Except in respect of death or personal injury caused by the
Company's negligence, or as expressly agreed in writing between
the parties, the Company shall not be liable to the Customer by
reason of any representation (unless fraudulent), or any implied
warranty, condition or other term, or any duty at common law, or
under the express terms of this Agreement, for any loss of
profit or any indirect loss, damage, costs, expenses or other
claims (whether caused by the negligence of the Company, its
servants or agents or otherwise) which arises out of or in
connection with the provision of the Service or its use by the
Customer.
The Company will not be liable for any loss or damage caused
by the Company or its employees or agents in circumstances where
(1) there is no breach of a legal duty of care owed to the
Customer by the Company or its employees or agents; (2) such
loss or damage is not a foreseeable result of such breach.
The Company reserves the right to revise these terms at any
time without due notice.
These Terms and Conditions do not affect the Customer's
statutory rights.