TERMS & CONDITIONS

Last Updated on December, 14 2018

Introduction

Welcome to 960 DESIGN, a leading marketing services company. By engaging in our services, you agree to abide by the terms and conditions outlined below. Please read these terms carefully.

Definitions

  • “Primary Service Provider” refers to 960 Design, its agents and authorized representatives which are also referred to using “we”, “us”, ”our” and “ours”. 
  • “Client” refers to its agents and authorized representatives which are also referred to using “they”, “them”, “their ” and “theirs’ ‘. 
  • “Web hosting services” refers to the services which allow the Client to make their own website accessible via the World Wide Web. 
  • “Server computers” are computers owned, leased, or rented by the Provider for use by the Client to host their own website. 
  • “Content” refers to all text, pictures, sound, graphics, video, links, and other data stored by the Client on our server computers. 
  • “Website” refers to the pages presenting the Content stored by the Client on our server computers.

Services

960 DESIGN offers a range of marketing services, including digital marketing, social media management, content creation, SEO optimization, and many others.

Usage Policy

The Client must use web hosting services in compliance with local, state, and federal laws. We may suspend or cancel the Client’s access to our services if we determine their account has been misused.

Prohibited Actions

The Client must not display or promote certain content or activities, as determined by the Provider. This includes:

  • Violation of any American Federal, State, or local law.
  • Use of copyrighted material without permission.
  • Content deemed threatening, obscene, disparaging, or hate-related.
  • Material protected by trade secrets or other statutes.
  • Pornography, nudity, erotica, and related merchandising.
  • Promotion of illegal or prohibited activities.
  • Content potentially damaging to servers.
  • Use of pirated software or IRC-related activities.
  • Promotion or sale of spam-related software or services.
  • Sending unsolicited emails or newsgroup posts traceable to the Provider or any Client.
  • Harassment or interference with others’ Internet experience.
  • Links or references to any of the above.

Abuse of Services

Attempting to undermine or harm our servers and clients is strictly forbidden. This includes trying to access password files or permissions other than the client’s own, attempting unauthorized access to other accounts on our servers, or any action causing server malfunction.

To uphold our service standards, the following restrictions apply to all Client-owned sites with no set limits on monthly traffic or storage space:

  1. The site cannot function as offsite storage for electronic files unrelated to its pages.
  2. The site cannot operate primarily as a download center (where over 35% of traffic comes from file downloads).
  3. Scripts from the site’s domain shouldn’t be used on other domains.

Sites violating these rules may face warning, suspension, or cancellation at our discretion, with us determining violations. 

Client Obligations

Using our services effectively requires a fundamental level of knowledge about software and marketing services. Clients are responsible for providing accurate and up-to-date information necessary for the execution of our services. The Provider will not be held responsible if a Client misunderstand details of technical services involved in our projects. Clients must provide all needed assets for projects, like logo design, photography, copywriting and website information in a timely manner. Failure to do so may result in delays or suboptimal results.

Payments

Web design projects are offered at special pricing due to the extensive time required to initialize a new project. Additional, unscheduled services are charged at a rate of $125 per hour unless the client is on a monthly program. The total project cost varies from client to client due to the variety of client needs however most clients benefit from our routine website management program. Upon initiation, the client is required to pay 50% of the total project cost, with the remaining prorated amount due upon completion. Ongoing website management services are invoiced monthly or annually, depending on client preference and may also use their own hosting if they so choose.

Failure to bring an account up to date within 14 days of notice, or exceeding this timeframe, may result in account suspension and incurs a service reconnection fee. The client is responsible for all outstanding payments from the account’s establishment until written notification of service termination. Late fees incurred by delinquent payments are the responsibility of the client, and the service provider reserves the right to use collection services for large past due accounts. By making a deposit payment, the client acknowledges and agrees to the terms outlined in the emailed contract.

Confidentiality

960 DESIGN acknowledges that we may receive or have access to information relating to the Client’s products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. We agree to protect the confidentiality and best interests of the Client’s proprietary information in all forms. Unless the Client requests strict confidentiality before this contract is established, we reserve the right to display examples and credit for the final work created on our website and portfolio. Both parties agree to maintain the confidentiality of sensitive information shared during our business relationship.

Intellectual Property

All intellectual property developed during the provision of services shall remain the property of 960 DESIGN until full payment is received.

Force Majeure

960 DESIGN shall not be liable for any failure or delay in performing services due to circumstances beyond our control, including but not limited to natural disasters, acts of war, or government actions.

Termination

The client may terminate services by giving the provider a 30 days’ notice via email or fax, however initial deposits are non-refundable due to the amount of time and money involved in launching a website. The provider can terminate the agreement at any time without penalty, with or without cause, and prorated refunds may be issued at the Provider’s discretion. Immediate termination may occur for reasons like violating laws, non-payment, or breaching the agreement. Annual are billed annually while monthly products are month-to-month with the option to cancel at any time. The provider reserves the right to cancel services anytime as well, with prorated refunds at the Provider’s discretion.

Regarding refunds, some products may be refunded only within specified periods, but domain registration fees aren’t refundable due to ICANN rules. Monthly or Annual payments aren’t refundable after 30 days. Development refunds are subject to cancellation fees depending on project progress. Clients must request refunds within specified time frames. Account closure must be in writing and migration services are available for an additional fee.

No Refunds For Deposits

Deposits made for services are non-refundable after three days. Once a deposit is paid, it is considered as a commitment to commence work on the project. In the event of cancellation by the Client, for any reason whatsoever, the deposit amount shall not be refunded. This policy applies regardless of the stage of project completion or the circumstances surrounding the cancellation. If a project is cancelled mid-way there will be a cancellation fee equal to or greater than the deposit. If client wants final work full payment must be submitted.

Limitation of Liability

The Client acknowledges that neither the primary service Provider nor any third-party service providers will be held liable for various scenarios, including service suspension or loss, business interruption, access delays, acts of god, data issues, or unauthorized account use. Additionally, the Client agrees that neither provider will be responsible for indirect, special, or consequential damages, including lost profits, regardless of whether they were advised of such risks. The maximum liability of either provider is limited to the total amount paid by the Client for one month’s services, not exceeding $100.

Indemnification

The Client agrees to protect, indemnify, and hold harmless the primary service provider, backend service provider, contractors, agents, employees, officers, directors, and affiliates from all liabilities, claims, and expenses, including legal fees, related to their use of services or this agreement. They acknowledge that the service providers are not liable for any actions, negligence, or misconduct related to hosting services. The Client also agrees to defend and hold harmless against any demands or claims arising from services provided or products sold through the hosting services, including injury, copyright infringement, or defective issues from third-party software.

Warranty

Covered: Our warranty includes defects, bugs, or service issues arising from development, defined as features not functioning as during User Acceptance Testing (UAT) or significant issues hindering website functionality. Basic CSS issues are covered, but perfect display across devices isn’t guaranteed due to the varied CSS rules required. Responsive CSS programming can be requested for comprehensive support.
Three-Month Warranty: Covers the website for 90 days from final approval during UAT. Bugs reported during this period will be fixed at no charge within a negotiated timeframe.
Not Covered: Changes made by you or third parties, issues from other developers, problems from external web hosting or domain services, transferring web hosting, email service issues, third-party plugins, CMS version updates, or changes after UAT.
Disclaimer: The primary service Provider and subsidiaries make no other warranties, expressed or implied, regarding design services and informational integrity, unless legally required.

Governing Law

These terms and conditions are governed by the laws of the state of California, United States.

Amendments

960 DESIGN reserves the right to update or modify these terms and conditions. Clients will be notified of any changes.

By engaging in our services, you acknowledge and agree to these terms and conditions. If you have any questions please contact us at [email protected] before proceeding. By submitting a deposit payment, you consent to our terms and conditions on behalf of yourself and/or your organization.