Please read these Miss Web Design terms and conditions carefully prior to acceptance of this contractual agreement if for whatever reason you do not agree with any aspect, factor, paragraph, clause, sentence, or phrase contained within these Miss Web Design terms and conditions as outlined herein you are advised to restrain from signing your acceptance or in any way communicating that acceptance by signing the terms and conditions. Advised that your implied acceptance of the terms and conditions is fully equivalent to the acceptance of this contractual agreement in its entirety.Miss Web Design reserves any and all irrevocable rights in perpetuity to terminate any level of services should Miss Web Design fail to receive timely payments. Note that your implied acceptance of this contractual agreement is a fully binding acceptance of this indemnity : in no manner whatsoever shall Miss Web Design be considered liable in any way to the client and / or any third party related or dependent on the client for any consequential, indirect, punitive, or non-contractual damages, claims, lost profits, or other ramifications resulting out of or in any way associated with this contractual agreement or any type of services provided herein that in the absence of exhausting the overall generality of the foregoing statement shall indemnify and save harmless the Stepchange design. The client hereby accepts and acknowledges this disclosure provided in advance of provision of any services of this liability waiver and complete indemnification to Stepchange design, its subsidiaries and assigns and thus recognizes that the term “Stepchange design” as aforementioned and herein referenced shall apply to the complete legal extent of this indemnity.
Miss Web Design Services as referenced herein shall apply to the provision of the following services by Miss Web Design :
Sole Responsibility For All Content
The Client shall be considered to be completely and fully responsible for the presence, copyright, legality, and legitimacy of any and all content displayed within the Client's web site. Any breach of copyright, or other failure of legality of adherence to any law in any jurisdiction of the content placed by the Client on the web site shall remain the sole and unquestioned legal responsibility of the Client. The Client agrees that any liability for any of the aforesaid content shall be borne exclusively by the Client in perpetuity. The content, data, and information of the Client, as well as any copyrights, trademarks, and proprietary rights of the Client shall remain those of the Client. The Client agrees that all content placed upon the web site and any electronic communications performed in conjunction with it, shall be subject to the currently prevailing rules of internet etiquette also known as Netiquette. Miss Web Design administrators reserve all rights as a web master to delete any content which in their sole determination could dangerous or harmful to Miss Web Design in any manner, and / or suspend the Client's account indefinitely with no liability for refund of unused portion of fees regardless of duration or amount. In situations where these types of actions are taken for cause, Miss Web Design reserves all rights to claim for damages to its business functions and reputation. to hold Miss Web Design harmless from any damage to its reputation, service, business, equipment, network operations, or any other aspect of its operations from government actions, acts of retaliation and vandalism, claims of unfair competition, libel, slander, or infringement of any copyright, trademark, service mark, patent, or any other intellectual property right, violation of privacy or any other form of tort.
The Miss Web Design is not under any obligation to warn Clients of any violations of this Agreement at any time and may take any actions specified herein at its sole and unappealable determination.
Miss Web Design Responsibility
Any SEO results are not guaranteed by Miss Web Design to be on effect all the time. Features and other electronic content of any kind whether textual or graphic designed and intended by Miss Web Design is the sole property of StepChange Design.
Virtual Server Hosting Account
The Client's online content website shall be hosted on servers contracted by Miss Web Design under the format conventionally acknowledged as a Virtual Server Hosting Account. Said account shall contain and incorporate features and characteristics which may be added or deleted from time to time at the sole, irrevocable, and unilateral discretion of Miss Web Design
Miss Web Design maintains and manages online hosting service which at the current time provide an median overall functional online uptime of 99% calculated as a percentage of daily network uptime. The Client agrees to save harmless and fully indemnify Miss Web Design from any and all direct and third party obligations or liabilities as a result of any downtime to the operating servers which for all intents and purposes shall apply for the lack of accessibility or outright loss of, storage data, email access, and / or interruption of data transfer during the aforesaid times.
Miss Web Design may not be utilize d for the transaction of any form of unsolicited commercial email or Spam. The Client may not Spam forums or newsgroups or utilize the collaborative communication functionalities provided by Miss Web Design to Spam individual or corporate email addresses. Miss Web Design has a policy to respect the privacy of all email and other forms of electronic communication which are sent and received through the facilities of the Client's web site. This privacy is limited only by our necessity for disclosure under law. It is acknowledged that the Internet is a fully public domain and while Miss Web Design shall strive to provide access, Miss Web Design shall not be considered or held liable for any propagation of any type of electronic communication including email or any form of content whatsoever to any non-related third parties which access any information, messages or other data disseminated through hosting service provider either on behalf of Miss Web Design or the Client without our control or prior approval. Clients who engage in Spam deliveries and are reported to Miss Web Design for same will be subject to the termination of any email accounts which have been connected to the Client's web site domain. The Miss Web Design Authorized Usage Policy for email accounts contains the full extent of the Miss Web Design policies in the case of these forms of communication.
Miss Web Design develops, provides, and markets software and online functionality for its Clients. The Client agrees to hold no rights to any of the aforesaid software and related documentation, or any enhancements or modifications thereto. The Client or any third parties authorized by the Client shall not in any way either directly or indirectly:
- • Transcribe, distribute, or modify the software provided by Miss Web Design
- • Decompile or reverse engineer the software provided by Miss Web Design
- • Duplicate the functions of the Control Panel software provided by Miss Web Design
- • Code or program or develop any derivative or other software functionality based in whole or in part on any software functionality supplied by or licensed through Miss Web Design to the Client
- • Assign or transfer to any third party the Client's rights of access and use of the software provided by Miss Web Design without the express written consent of StepChange Design.
The Client acknowledges that there is no right, title or interest either expressed or implied provided by Miss Web Design to the Client to the proprietary code of the StepChange Design; any other online product Miss Web Design develops at any time; and patents, trademarks, copyrights, trade secrets and / or any other proprietary intellectual property rights of Miss Web Design and / or third party supplier to Miss Web Design . Any Miss Web Design provided specialized writing, graphics and various imaging services, and search engine optimization and consultation services shall also be considered to remain the property of Miss Web Design in perpetuity and any licence extended for its use shall be limited exclusively for utilization on the Client's web site on the Miss Web Design and not be subject to transportability of any manner.
Reference To Client By Miss Web Design
Miss Web Design reserves all rights to reference and distribute said references of the Client as a client of Miss Web Design in any manner seen fit. In addition any form of electronic or postal correspondence from the Client to Miss Web Design may be utilized as an integral part within any marketing based initiative by Miss Web Design including but not limited to testimonial references, and online or printed marketing based programs.
Client Online Account Security
Miss Web Design through the course of its business functions allocates account access information to its Clients.. Miss Web Design specifically disclaims any form of liability for any content or activity in any Client's account, whether authorized by the Client or not. . Miss Web Design shall not be held responsible or liable in any way for actions of hackers, phishers, denial of service attackers, domain highjackers, or any other vandalistic or criminal incursions by third parties. Miss Web Design shall not be considered liable for any loss which the Client may incur as a subsequence of an unauthorized third party utilizing the account access information which has been bestowed by Miss Web Design to the Client, either with or without the Client's previous knowledge. The Client agrees to be held liable for any and all losses incurred by Miss Web Design or any other related associated individual or business concern due an unauthorized third party utilizing the account access information.
Miss Web Design agrees to provide appropriate technical support which is strictly limited to its specific and particular area of expertise and business. For any issues which relate to services outside this range, such as special request development, programming, hosting reconfiguration, and / or software related problems, the Client hereby agrees to pay an additional consultation rate which shall be billed in minimum intervals of 30 minutes. Non-Competition The Client and their immediate family and assigns are forbidden from the launching and operation of a system which is reasonably similar to Miss Web Design in perpetuity.
Payment and Billing Policies
The following information is intended to be applied as a supplement to the Miss Web Design Billing Policy by providing a context for its terms and conditions, without conflicting with any element or statement or policy therewith SEO package fees are payable in advance on a monthly or annual basis upon agreement. GST or HST will be charged where applicable. Miss Web Design GST Registration Number is 852980077. If Miss Web Design is unable to process the fees due and payable due to returned check or other form of payment which is not honoured by the Client's financial institution, it will remain the strict and sole responsibility of the client to inform Miss Web Design that the account financial information must be updated and to provide suitable and valid information PRIOR to the next cycle of billing. A $60 fee shall apply for any dishonoured or NSF cheque received by Miss Web Design from the Client. Interest shall be charged at the rate of 3% per month on any overdue balances. Miss Web Design cannot guarantee that the Client's account shall remain in an activated state should fees not be paid on the dates specified. If Miss Web Design takes action to suspend the activities and access by the public to the Client's web site, this mode of suspension shall take effect for a period of thirty days. If after the thirty day period of suspension has elapsed the Client has still not provided all payments to bring the account financial status up to date, Miss Web Design will terminate the website and all of its content, including electronic and other electronic messages and communications records, in a permanent and irrevocable manner. Any websites which are terminated in this manner will be subject to a termination fee of $250.00. Should the Client pay any outstanding balances after this action is taken, the Client's original content and website will not be available to be re-launched and the account shall be considered as a new and totally separate one. Miss Web Design will not be held responsible for any past due accounts of the Client that have had their online content removed. In the event of the Client's default of any of the terms of this contractual agreement for online services Miss Web Design reserves the right while acting without prejudice to withhold at its sole discretion any DNS domain transfer(s) until such time as all outstanding balances are paid in full with the complete inclusion of any and all penalties and interest. Any funds owing may be allocated to a separate collection agency by Miss Web Design and will be subject to a collection fee of $500.00 which the Client hereby agrees to pay in full. Miss Web Design will not transfer any proprietary data, software, or code developed by our programmers under any circumstance.
Cancellation Of The Agreement
THE CONTRACTUAL AGREEMENT BETWEEN THE CLIENT AND Miss Web Design IS MUTUALLY ACKNOWLEDGED TO BE A 12 MONTH CONTRACT. There is no refund under any circumstances. The cancellation policy is effective for 2-year contracts and above under the following conditions:
- 1) The Client may cancel by paying a termination fee equivalent to three months' payment.
- 2) The Client may notify Miss Web Design in writing no less than 30 calendar days prior to the regularly scheduled renewal date of their 12 month contract that they do not wish to renew. Should such notification not be received under these conditions, the contractual agreement will be automatically renewed for another 12 months.
Under either of these cancellation scenarios, the Setup Fee is not refundable. Any termination notifications must be submitted in writing as a cancellation request to the Miss Web Design provided service email. Failure to adhere to these requirements will result in Miss Web Design continuing to invoice according to the existing payment schedule. For security reasons and to ensure your authorization, Miss Web Design may contact the Client at any time by telephone in order to verify the cancellation request.
Independent Contractor Status
Miss Web Design is a fully independent contractor providing services to the public and thus there is no contractual agreement either implied or expressed to establish any formal or casual relationship of employment, partnership, joint venture, franchise or any form of representative agency between Miss Web Design and the Client. The Client agrees to have no authority whatsoever to bind Miss Web Design to any third party agreement(s). Warranty Disclaimer, Limited Liability & Indemnity All of the various online services provided by Miss Web Design are supplied on an "as is" basis and Miss Web Design does not now nor will it ever make any representations or warranties which are either implied or expressed, including but not limited to warranties of non-infringement, merchantability, and title; any warranties which arise from the course of dealing with various online trade and / or usage practices; nor warranties that the online services provided will be free from errors, uninterrupted, or secure beyond reasonable means of assuring that security. The services which are provided by Miss Web Design are of a nature where degradations or interruptions may occur which are beyond the control and / or are not due to the negligence of Miss Web Design . In such cases damages which result from such degradations or interruptions cannot be accurately ascertained, thus the Client agrees that there shall be no liability of any type arising from situations which are beyond the exclusive and direct control of Miss Web Design . In no situation whatsoever shall any responsibility or liability on the part of Miss Web Design for consequential or special damages, or loss. Furthermore, in no situation whatsoever shall any responsibility or liability on the part of Miss Web Design exceed the sum amount of the equivalent charges payable by the Client for services rendered during the period of time in question.