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Terms & Conditions


Terms and Conditions

 

Select Web Solutions ("SWS") and the purchaser of products or services ("Customer") mutually agree to the following Terms and Conditions as part of the Agreement for SWS to provide website related products and/or services including Website Design, Website Development,  WebZeo Websites, MobZeo Mobile Websites, Website Hosting, Consulting, Copywriting, Newsletter Management, Mobile Website, Graphic Design, Photography, MailZeo Email Hosting, Search Engine Optimization, Search Engine Submission, ProZeo Social Media Profile Development, and any other services offered by SWS collectively referred to as "Services" and/or "Website Project".

1.      Important Information

It is mandatory that you read through these Terms & Conditions. Your purchase or use of our products and services signifies that you have read and accepted these Terms and Conditions.

2.     Product Purchase Rules and Limitations

Any Customer purchasing any SWS Services must agree to these Terms & Conditions and is bound to follow these Terms and Conditions. Violations of any provision under SWS Terms & Conditions could result in termination of Services in whole or in part including, but not limited, to Website related projects, SEO projects, Hosting services, Copywriting, Design services, Domain Registration services, Email services, Mobile Website services, etc., without refund.SWS will not be responsible for any loss or damages due to account termination.

3.     Website Design Policy

If a website is included in your project, your website will be created in a timely fashion based on the size of your project scope. The project will commence upon receipt of all your content, images, logo, colors, videos, links, etc. that are required to begin designing your website. We do not start development of a project until all information has been supplied to us.  Your content will be needed within 60 days of purchase, failing to send this information within 60 may result in the forfeiture of your deposit.SWS may, at its discretion, reserve the right to credit your hosting account for the deposit amount to be used up by hosting your domain/emails/website with us.

4.     Payments / Refunds:

    I.        Website Projects: The Customer agrees to pay the deposit amount (also referred to as "Commencement Payment") before a project will commence.  Deposits are nonrefundable.

   II.        Hosting: The Customer agrees to pay 1 year in advance for hosting services, unless otherwise provided for within a website development package.  Renewal will be at regular rates sold in non-refundable one year increments.  Written notice of cancellation must be sent by the customer and received by SWS 30 days prior to expiration.

  III.        Domain Registration: The customer agrees to pay at least 1 year in advance for Domain Registration, unless otherwise provided for within a website development package.  Domain Registration renewals will be at regular rates sold in non-refundable one year increments.  Payments not received 15 days prior to expiration may cause the customer’s account to experience disruption in service or potential loss of ownership of their domain name.  SWS is not responsible if a domain is lost due to nonpayment.   All Domain purchases are nonrefundable.

  IV.        Search Engine Optimization: The Customer is required to make the SEO Setup Payment before SEO services can commence.Monthly maintenance payments are required for a minimum of 10 months or whatever term is specified in their SEO Agreement.The setup payment and monthly maintenance payments are nonrefundable.

   V.        Search Engine Submissions: The Customer is required to pay the full amount of the SES fee upfront, unless otherwise provided for within a website development package.    Search Engine Submission services are nonrefundable.

5.     Privacy Provisions

Except where compelled by law, SWS and the Customer mutually agree to maintain all non-public information obtained in connection with the Services in confidence and not disclose same to any person or entity.  This includes, but is not limited to, Agreements, Proposals, Host Documentation, Design Review Forms, Account data forms, Warranty documents, Host & Email setup and configuration documents, email correspondence containing sensitive information, etc.

 

6.     Prohibited Conduct

SWS does not allow the use of unsolicited commercial email ("Spam") to promote products or services. Any Customer engaging in the sending of Spam through SWS servers or email accounts, or promoting information on websites hosted by SWS will be considered in breach of these Terms and Conditions and will be suspended from Services immediately.

 

The Customer agrees to be in compliance with the laws of the United States of America and the laws of any country in which it conducts business at all times.

 

The Customer is responsible for ensuring that their use of SWS Services will not consume excessive system or network resources that disrupts the normal use of Services through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content, and behavior prohibited by SWS:

      I.        Content that contains or contains links to: nudity, pornography, adult content, materials with sex, excessive violence, excessive profanity, racism or bigotry.

     II.        Content that condones, promotes, contains, or links to warez, cracks, illegal torrents, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.

    III.        Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a SWS account will result in immediate account suspension.

    IV.        Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.

     V.        Content or otherwise that exploits children less than 18 years of age.

    VI.        Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.

   VII.        Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.

  VIII.        Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.

    IX.        Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.

     X.        Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any SWS or affiliate service, solution or technology.

    XI.        Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Customer sites (or pages contained therein).

7.     File Transfer Fee

The Customer may request a full & complete copy of the website files and all its Content on his or her personal media for a fee of $250.

8.     One Time Usage Licenses

In instances where a website template, stock photography, sound effects, animations, music, stock video, fonts, clip art and other content are used the customer is granted a One Time Usage License at a non-unique price. It enables the Customer to use each individual product on only the project it was purchased for.Any kind of separate usage or distribution in whole or in part is strictly prohibited.

9.     Purchase of Website Hosting Services

Any Customer website project or service covered under these Terms and Conditions that includes hosting on SWS or affiliate host servers will have full access to their host control panel and website files after all amounts due to SWS have been paid.The Customer may elect to have their website hosted elsewhere after all payments due to SWS have been paid.Transferring a website will result in SWS’s inability to accept responsibility for hardware, software, installation, functionality, performance and reliability of the website. Should the Customer choose to move hosting elsewhere, the Customer agrees to pay a $250 file transfer fee. This fee is not a penalty. The  fee covers the cost of converting content management system files and database into a movable storage format such as a CD, DVD, or file folder ready for transport to a 3rd party compatible server.


Hosting elsewhere voids all warranty and automatically relieves SWS from any liability including lost files, lost data, time lost, or any other expense or damages incurred by the Customer relating to the transfer and/or hosting on a 3rd party server.

10.   Customer Responsibility

The services and all content provided by the customer are subject to the approval of SWS. The Customer shall supply SWS, within a period of (30) days following the purchase of any website product or service, all the required information to be inserted in the website project deemed to consider it completed; including Content, Graphics, Videos, Scripts, API, Fonts, Music, Photos, and Databases which the Customer warrants that it is authorized to publish and guarantees that it does not violate any law and that it holds all permits or licenses which may be necessary to publish on the Internet. If the Customer does not supply the above-mentioned information within the prescribed time frame, SWS reserves the right to charge the Customer all amounts that may be due to SWS.  SWS will not be held liable for any consequential losses, damages or claims therefore asserted by the Customer due to delays caused by the Customer or arising because of matters of force majeure or any other cause beyond its control.

 

The Customer also guarantees and warrants the truth of all factual assertions and implications there from in any website project inserted hereunder and that they are entitled to use any pictures, graphics, media files, illustration, or to insert a hypertext link(s) to any other website, or advertise the business profession, service, product, trademark, or trade name appearing or described in any website project as well as holding all the rights to use the trademarks or commercial names included in the website and that this does not contravene any provision, law or statute, including the Trade-Marks Act, the Copyright Act and any other law or statute relating to intellectual property. The Customer agrees to indemnify and hold SWS harmless from and against any and all liabilities, damages, award, settlements, losses, claims and expenses, including attorney fees and costs of investigation due to (i) any claim by a third party relating to the Content, including infringement of any third party’s intellectual property rights; (ii) claims for misleading advertising related to Customer product warranties or performance; and (iii) any other actions of Customer which give rise to any other liability at law. Furthermore, for Content created by the Customer or one of its representatives, the Customer acknowledges that SWS shall not bear any liability with regards to the content, graphical norms or physical appearance of any website project.

 

The Customer furthermore authorizes SWS to perform a full pre-credit investigation on his or her company.

11.   Technical Decisions

All technical decisions regarding design and programming techniques, programming language, programming technologies, programming strategy, programming logic, programming flow, graphical design, font selection, database setup, database structure, database relationships, visual appearance (textbox, buttons, placements, etc.) or any other technical decision designed to meet the Customer’s needs is the exclusive prerogative of SWS and SWS staff and not that of the Customer.

12.   Term of Contract

The Customer agrees to pay SWS for all charges plus applicable taxes on all invoices, and for all taxes which may be levied upon services provided by SWS. If there is a dispute about the charges, the Customer shall notify SWS within 10 days of receiving the invoice. All amounts on all invoices are due prior to any work prescribed on each respective invoice unless other payment terms have been made. If an invoice is not completely paid by the Customer, SWS is not responsible to do any work prescribed on the invoice. If at any time, payments are in arrears for more than (30) days, SWS reserves the right to purge any website related project from the Internet and discontinue all services without notice.

13.   Late Charges

An interest rate of 2% per month (24% per annum) applies to any amount for any service remaining unpaid 1 month following receipt of invoice and all future invoices. If the past due account remains unpaid, and is determined by SWS to require further collection action, an administration fee of $150 will be added to the balance owing.

14.   NSF Checks

An administration fee of $25.00 is automatically charged to the Customer for NSF checks received for any and all SWS invoices. If at any time, a check is returned NSF to SWS, SWS reserves the right to suspend Services without notice, including, but not limited to, removing all website pages from the internet and publishing generic pages in its place indicating the hosting account has expired or has been temporarily suspended. The new wording and layout is at SWS’s sole discretion and may not be changed in any way by the Customer or via the Customer’s request.

15.   No Guarantee of Success

The Customer acknowledges that this Agreement provides no guarantee with regard to the success, derived benefits, response or of the number of visitors, display problems due to browser compatibility, browser configurations, computer compatibility or computer configuration issues to their website hosted by SWS or hosted elsewhere during or beyond the term of any website related product or service. SWS does not guarantee website uptime and is not responsible for damaged, or deletion of website files, databases, or any other website resources which may make the site partially or fully inoperable.

16.   No Guarantee of Deadlines

SWS cannot guarantee the final delivery of any website project to the Customer’s satisfaction within any prescribed timeline. However, all projects will be completed within a reasonable timeframe and will be deemed complete when SWS has completed all items on the relevant invoice and/or scope of work according to SWS staff’s interpretation or upon launching the website on the internet.

17.   Governing law, jurisdiction and venue

All services, agreements and/or products provided by SWS shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California, and any action or proceeding arising out of or related to any services, agreement shall be brought only in the courts of such jurisdiction. The Customer hereby consents to such jurisdiction and venue.

18.   Ownership of Intellectual Property

Any custom website project is and will remain the intellectual property of SWS until all related Services are paid in full by the Customer. After full payment of the Services, the intellectual property is automatically transferred to the Customer. Any attempt to leach, copy, or take code from SWS prior to full payment will be considered breach of contract and will be subject to any and all criminal and civil relief afforded SWS under the law.

19.   Indemnity

The Customer agrees to indemnify and hold SWS harmless from and against any and all liabilities, damages, award, settlements, losses, claims and expenses, including attorney fees and costs of investigation due to (i) any claim by a third party relating to the Content, including infringement of any third party’s intellectual property rights; (ii) claims for misleading advertising related to Customer product warranties or performance; and (iii) any other actions of Customer which give rise to any other liability at law. Furthermore, for Content created, approved and/or provided by the Customer or any of its employees, associates, contractors, or representatives the Customer acknowledges that SWS shall not bear any liability with regards to the content, graphical norms or physical appearance of any website related project. 

 

SWS is not liable for damages caused by security loopholes such as usernames and passwords, malicious software, hacking, denial of service attacks, or any other malicious attacks. SWS is not liable for third party theft of intellectual property or sensitive information such as credit card information or any resulting damages. Any work required to repair damages, or security loopholes is not the responsibility of SWS. SWS is not liable for damages resulting from spelling mistakes, poor grammar, sentence structure, paragraph structure, legibility, literary logic, or any other issue arising from the way content is written or displayed. SWS is not liable for damages caused by offensive images, poor quality images, lack of images, excessive images, or any other issue arising from image-related problems.SWS is not liable for any development code that becomes outdated after any element, module, or website has been completed as it relates to changes in browser, hardware and/or host server technology standards.  These technologies typically have revers compatibility features but if not, SWS cannot be liable for compatibility issues arising from new or upgraded technology standards. 

20.   Limitation of Liability

The limitation of liability shall not exceed the value of fees paid in conjunction with the any SWS product or service.

21.   Non-waiver

A waiver of any breach or provision under any service, product, agreement or contract by any party shall not be deemed to be a waiver of that provision, nor shall any waiver be construed as a continuing waiver.

22.   Survival

Paragraphs 4, 5, 9, 15, 17, 18, 19, and 20 shall survive the termination of this agreement for Services.