Terms Of Service
1. ACCEPTANCE OF TERMS OF SERVICE AND AMENDMENTS
These Terms of Service agreement governs the use of WEBSITECREATION.BIZ website, and the purchase and use of all services provided by WEBSITECREATION.BIZ. By using WEBSITECREATION.BIZ website and services offered on the site, the Client agrees to be bound by the Terms of Service stipulated in this agreement. Furthermore, the Client, agrees to the terms of WEBSITECREATION.BIZ Privacy Policy, which is incorporated within these Terms of Service by reference.
At SOLE discretion, WEBSITECREATION.BIZ, reserves the right to change or modify these Terms Of Service contained within this Agreement at any time, and to determine whether and when any such changes apply to both existing and future Clients. WEBSITECREATION.BIZ may make changes or modifications to policies without notice to the Client. The continued use of the services following the posting of any changes or modifications will constitute the Client’s acceptance of such changes or modifications.
2. PROVISION OF WEB & HOSTING SERVICES
WEBSITECREATION.BIZ provides the client with a package, plan or service as described on site at the time of purchase. The project is undertaken using the information that the Client provides. The Client understands and agrees that all services provided by WEBSITECREATION.BIZ will only be purchased and used for lawful purposes in accordance with the laws of the UNITED KINGDOM.
3. CONTENT RIGHTS
With the exception of any Third-Party Materials, any content that the Client provides to WEBSITECREATION.BIZ for the provision of any service remains the Client’s property, this includes without limitation – any text, music, sound, photographs, video, graphics, data or software, in any medium. Third-Party Materials, means any content, software, or other computer programming material that is owned by an entity other than WEBSITECREATION.BIZ, and is generally available to the public under published licensing terms.
3.1. Website Design Ownership Of Copyright
As soon as a newly created website is made live, the ownership of the copyright for any website design by WEBSITECREATION.BIZ automatically transfers to the Client. The ownership of copyright does not include or cover any Third-Party licensed software, code, images, backlinks, or any other Third-Party licensed content that may have been used to create and develop the website.
4. LIMITED LICENSE – CONTENT
Solely for the purpose of rendering WEBSITECREATION.BIZ services under this Terms of Service agreement, the Client hereby grants WEBSITECREATION.BIZ the limited, non-exclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify and otherwise use and exploit Website, any content you own, or any marks provided to WEBSITECREATION.BIZ. Such limited rights and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Terms of Service agreement for any reason.
5. CONTENT STANDARDS
The Client agrees not to provide Content Material for website that:-
5.1. Infringes on any third-parties intellectual property, publicity or privacy rights.
5.2. Violates any applicable law or regulation that is defamatory, violent, clearly harmful, obscene, or pornographic, including child pornography, or infringes on citizens rights.
Examples of UNACCEPTABLE material
• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites •IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden
• Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Push button mail scripts
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Tell A Friend Scripts
5.3. Contains any viruses, Trojan horses, worms, cancel bots, time bombs or other computer programming routines that are intended to damage or interfere with any system, data, or personal information.
International Clients agree to comply with all applicable local and national laws, and the laws of the United Kingdom and the United States of America. WEBSITECREATION.BIZ reserves the right to refuse any other subject matter it deems inappropriate.
6. LIMITED LICENSE – BACKGROUND TECHNOLOGY
Background technology, means computer programming / formatting code or operating instructions developed by or for WEBSITECREATION.BIZ and used to host or operate the Website or a Web server in connection with a Website. Background technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background technology does not include any Client content. The Client may not duplicate or distribute any background technology to any third-party without the prior written consent of WEBSITECREATION.BIZ. All rights to the background technology not expressly granted to Client are retained by WEBSITECREATION.BIZ. Without limiting the foregoing, the Client agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the background technology, except as allowed by law.
7. WORDPRESS AND OPENCART LICENSE
WEBSITECREATION.BIZ creates Websites and Web Shops on the platforms of WordPress and OpenCart. WordPress and OpenCart are licensed for usage under the GPL (General Public License). The software is free to download and use for personal or commercial purposes and the code can be modified to suit any project.
8. WEBSITE CREATION PACKAGES
WEBSITECREATION.BIZ provide a range of website design packages, which include Brochure Website Value Packages, Brochure Website Custom Design Packages, Web Shop Value Packages and Web Shop Custom Design Packages. When the Client’s project is accepted, the project will be undertaken in accordance with the specification set out for the package provided. Should the Client require additional features or functions that are not included as part of the package, the Client will be made aware and informed of the additional cost that will apply. If the Client agrees to accept the additional cost, an invoice will be issued that must be paid in full prior to the commencement of the additional work.
8.1. Brochure Website Value Packages
The Brochure Website Value Packages provide a website that has a pre-styled design layout. While the design layout is fixed and cannot be altered, the website is branded according to the Client’s preferences in relation to the colour scheme, images, addition of logo and text content. The Client is expected to provide the colour hex codes, company / website logo, images and text content. If the Client doesn’t have a logo, websitecreation.biz will create one. If the text content is unavailable at the time of the website being ready to go live, dummy text will be pasted on the web pages. The Client can replace the text when ready.
8.2. Brochure Website Custom Design Packages
The Brochure Website Custom Design Packages (Brochure Creation 3, Brochure Creation 5, Brochure Creation 7, Brochure Creation 10, Brochure Creation 15, Brochure Creation 20) provide a website that is designed according to the Client’s requirements within the package specification. The Client is expected to provide the content for the site including colour hex codes, company / website logo, images and text content. If the Client doesn’t have a logo, websitecreation.biz will create one. If the text content is unavailable at the time of the website being ready to go live, dummy text will be pasted on the web pages. The Client can replace the text when ready.
8.3. Web Shop Value Packages
The Web Shop Value Packages provide an online shop that has a pre-styled design layout. The Web Shops are created on the platforms of either WordPress with WooCommerce or OpenCart. WooCommerce and OpenCart use the GNU General Public License and are both Open Source Shopping Cart systems.
With a fixed design layout that cannot be altered, the web shop is branded according to the Client’s preferences in relation to the colour scheme, images, addition of logo and text content (excludes product text content). The Client is expected to provide the colour hex codes, company / website logo, images and text content. If the Client doesn’t have a logo, websitecreation.biz will create one. If the text content is unavailable at the time of the website being ready to go live, dummy text will be pasted on the web pages. The Client can replace the text when ready.
Websitecreation.biz will create the first 5 categories of a shop and load 3 products in each category. The Client is responsible for creating any other categories and loading all other products, which includes product images and product text content, unless using our Web Shop Management Service.
8.4. Web Shop Custom Design Packages
The Web Shop Custom Design Packages – OpenCart Web Shop and WordPress Web Shop – provide an online shop that is designed according to the Client’s requirements within the package specification. The Client is expected to provide the colour hex codes, company / website logo, images and text content. If the Client doesn’t have a logo, websitecreation.biz will create one. If the text content is unavailable at the time of the website being ready to go live, dummy text will be pasted on the web pages. The Client can replace the text when ready.
Websitecreation.biz will create the first 10 categories of a shop and load 6 products in each category. The Client is responsible for creating any other categories and loading all other products, which includes product images and product text content, unless using our Web Shop Management Service.
9. SERVICES
All services are provided as described on site at time of purchase.
9.1. Advanced Search Engine Optimization
The intention of the search engine optimization process is to make the web pages of a website visible to a target audience in search engine results pages (SERPs). The Client’s website will be optimized according to the specification of the package purchased. While every effort will be made to get a new website ranked and/or to improve the ranking of a website in search engines through SEO strategies, the Client is aware and accepts that there is no guarantee of achieving it. Furthermore, the Client is aware that search engine changes to the algorithm can have a negative effect on the ranking of a website. Also, the Client accepts that any website changes made by the Client may have an impact on the effectiveness of any SEO work carried out and the website performance may be affected. In any case, the Client AGREES that WEBSITECREATION.BIZ is NOT liable or responsible for any failure to get a website ranked or for any decline in the ranking of website.
9.2. Copywriting Service
The main purpose of the Copywriting service that is offered at WEBSITECREATION.BIZ is to produce search engine friendly copies of text that can be used as web page content or posted on social media website feeds. The Client is responsible for providing WEBSITECREATION.BIZ with a draft copy of text or information that will enable WEBSITECREATION.BIZ to write copies that are topic and keyword relevant. Up to 3 revisions of any one copy will be carried out. Each further revision will result in an additional charge which is payable prior to the revision being done.
Once a copy has been produced and delivered to the Client, full ownership and copyright is automatically transferred to the Client. The Client agrees however that WEBSITECREATION.BIZ retain the right to store a copy of the content for up to 1 year or until deleted.
This service is available as a ONE TIME purchase for ONE copy or as a Monthly plan which provides a specific number of copies each month as per the plan specification.
9.3. Content And Web Shop Management Services
WEBSITECREATION.BIZ provides a Content Management Service and a Web Shop Management Service to Clients whose websites are hosted on WEBSITECREATION.BIZ servers. The management services can be used to manage or make changes to the content on web pages and the products in a web shop – this includes editing, deleting, updating products, text content, images, checking and fixing any errors and applying any WordPress updates if necessary at the time of the service request. The Client will be charged in 15 minute increments of an hourly rate as stated on site for the service chosen.
9.4. SSL Certificates
All websites hosted by WEBSITECREATION.BIZ are provided with a free Let’s Encrypt SSL certificate. Should the Client wish to purchase an SSL from an external source, WEBSITECREATION.BIZ provides an installation service for which an installation charge of £30 will be applied.
10. PAYMENT
WEBSITECREATION.BIZ accept payments by bank transfer and by PayPal. When an invoice is paid via bank transfer or a PayPal payment is processed through the website of WEBSITECREATION.BIZ, the transaction is a binding agreement between the Client and ELARA STAR CREATIONS.
10.1. Website Creation Packages Deposit Payment
An initial 50% deposit payment as stated for each package on site will be requested to reserve an agreed scheduled start date for the Client’s project. If the Client does not pay the deposit payment within 48 hours of being invoiced, the scheduled start date will not be reserved. The remaining 50% balance will become due when the website is ready to go live. The website will only be made live after the balance payment has been received.
10.2. Website Creation Packages Balance Payment
Upon completion of the creation of a website, the Client will receive an invoice for the 50% balance payment when the website is ready to go live. The Client agrees that the website will only be made live after the balance payment has been received. Any additional work on a website will be billed separately.
10.3. Cancellation Of Website Creation Package And Deposit Payment
The Client agrees that the following condition will apply upon cancellation of a website creation package prior to scheduled start date:-
The deposit payment is fully refundable if the Client cancels giving at least 7 days notice prior to the scheduled start date. If however the Client cancels on the 6th day or less before the scheduled start date, or after the project has been started, the deposit is NON-REFUNDABLE.
10.4. PayPal Payment
PayPal is a secure online payment facility and is solely responsible for the security and privacy of the Client’s personal credit / debit card details. PayPal does not share the Client’s credit / debit card details with any third parties, including ELARA STAR CREATIONS and WEBSITECREATION.BIZ. The Client’s details are held in their own PayPal account, and therefore the Client is advised to contact PayPal directly should any payment related issue be encountered.
10.5. Subscription Payment For Standard Hosting Plan
The Standard Hosting plan is provided free of charge for a 6 Month term which begins on the scheduled start date. At the end of the free 6 Month term, the Client will be charged the fee for the Standard Hosting plan on a monthly basis.
10.6. Subscription Payment For Hosting Upgrades
If the Client chooses to upgrade to a new hosting plan, the new monthly fee will be applied and begin from the next payment due date for the previous hosting plan. Upon the request for a Bandwidth, Disk space or Mail Box hosting upgrade, the upgrade will be applied within 24 hours, however the charge will be added to the Client’s next due invoice for hosting which will continue to be billed on a monthly basis.
10.7. Payment For Advanced Search Engine Optimization Packages
To reserve the scheduled start date that will be offered, the Client is required to make the full payment for the package chosen within 7 days after requesting the package. If the Client fails to make the payment within the 7 days, the scheduled start date will not be reserved.
10.8. Payment For Copywriting Service
Full payment for the Copywriting service is required prior to the service being provided. The service will only be scheduled following receipt of payment. The turnaround time for providing this service is usually 4 days from the time payment is received. For the Monthly 300 and Monthly 500 Copywriting service packages, a subscription will be set up and billed to the Client on a monthly basis.
10.9. Cancellation Of Monthly Copywriting Services
The Client agrees to give WEBSITECREATION.BIZ at least 7 days cancellation notice before the next monthly payment becomes due. The subscription will be cancelled with immediate effect, however the service will continue to be provided for the rest of the monthly subscribed period. Regardless of when the cancellation notice is received, the Client is aware and agrees that any monthly subscription payment received by WEBSITECREATION.BIZ prior to cancellation is non-refundable.
10.10. Website Add-Ons
To reserve the scheduled start date that will be offered, the Client is required to make the full payment for the Website Add-On chosen within 7 days after requesting the service. If the Client fails to make the payment within the 7 days, the scheduled start date will not be reserved.
11. TERMINATION OF HOSTING ACCOUNT
A Client’s hosting account may be terminated under the following conditions:-
11.1. Terms Of Service
Should the Client be found in breach of this WEBSITECREATION.BIZ Terms of Service agreement, WEBSITECREATION.BIZ reserve the right to terminate the Client’s hosting account. The Client accepts and agrees that WEBSITECREATION.BIZ shall not be held liable or responsible for the loss of their website and it’s content upon the termination of the Client’s hosting account.
11.2. Failure To Pay Hosting Fee
If the Client fails to pay the monthly hosting fee when due, and it remains unpaid, the Client’s hosting account will be suspended on the 6th day following the due date. The hosting account will only be reinstated when the monthly fee is paid. When a hosting account is suspended, the website will experience downtime from the internet and the Client will not be entitled or permitted to use or access the website or web shop for any purpose whatsoever.
If the monthly fee is not forthcoming from the Client within 30 days following the suspension, the hosting account will be terminated. This means that the Client’s website, including and without limitations – all content, such as text, music, sound, photographs, video, graphics, data and software will be lost and unrecoverable. In this event, the Client agrees that WEBSITECREATION.BIZ is not liable or hold responsibility for the loss of website and content that occurs upon termination of a hosting account.
12. CANCELLATIONS
The Client has the right to cancel a package, plan or service within 7 days from the date that the deposit or full payment has been made. If any third-party purchases have been made by WEBSITECREATION.BIZ for the Client’s project, the purchase amount will be payable by the Client and will be deducted from the deposit or full payment made by the Client prior to a refund. Furthermore, if any work has been done by WEBSITECREATION.BIZ, the Client will be charged £18 per hour, which will be deducted prior to any payment refund being made.
12.1. Cancellation Of Hosting Account
The Client must provide WEBSITECREATION.BIZ with 10 days notice of intention to cancel their hosting account before the next monthly subscription payment is due. The hosting account will be terminated on the day that the next hosting subscription payment is due. The Client is aware that once the hosting account is terminated, any website and all of it’s content will be deleted in the process and will not be recoverable. If the Clients intends to migrate their website to a new server, it is the Client’s responsibility to arrange the transfer of their website to a new server prior to the termination date of the hosting account.
13. TECHNICAL SUPPORT
Technical support can be requested at any time through the ticket support system that a Client can access within their account. All requests are normally responded to during our office hours – MON-FRI: 10am – 6pm (GMT) and SAT: 10am – 5pm (GMT). WEBSITECREATION.BIZ does not provide technical support by telephone.
14. CONTACT INFORMATION
EMAIL
admin@websitecreation.biz
15. BREACH OF TERMS OF SERVICE
If the Client breaches this Terms of Service Agreement, WEBSITECREATION.BIZ will provide the Customer with a written notice, if the Client fails to respond to the notice within 10 days from the time of written notice, WEBSITECREATION.BIZ reserves the right to terminate this Terms of Service Agreement and all services provided with immediate effect.
16. WARRANTY DISCLAIMER
Except as expressly provided in this Terms of Service Agreement, the Services are provided on an “as is” basis and WEBSITECREATION.BIZ disclaims all warranties and conditions or any kind, express, implied, or statutory, including without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
17. INTERRUPTION OF SERVICE
The Client hereby acknowledges and agrees that WEBSITECREATION.BIZ will not be liable or hold responsibility for any temporary delays, outages, or interruptions of services. Each party acknowledges that it has not entered into this Terms of Service Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified in a statement, all packages and services provided by WEBSITECREATION.BIZ to a Client will be deemed accepted when delivered.
18. INDEMNIFICATION
The Client agrees that it shall defend, indemnify, save and hold WEBSITECREATION.BIZ harmless from any and all demands, liabilities, losses, costs and claims against WEBSITECREATION.BIZ, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client. The Client agrees to defend, indemnify and hold harmless WEBSITECREATION.BIZ against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WEBSITECREATION.BIZ; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; and (3) copyright infringement.
19. LEGAL JURISDICTION
These Terms and Conditions shall be construed in accordance with the laws of England and any legal action in connection with these Terms and Conditions shall be subject to the jurisdiction of the courts of England.
20. DISCLAIMER
The Client agrees that WEBSITECREATION.BIZ shall not be held liable or responsible for any damages to a Client’s business. WEBSITECREATION.BIZ makes no warranties of any kind, expressed or implied for services provided. WEBSITECREATION.BIZ disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, natural causes, and interruption of service.
21. LIMITATION OF LIABILITY
WEBSITECREATION.BIZ LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT TO WEBSITECREATION.BIZ DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. WEBSITECREATION.BIZ SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, AND CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WEBSITECREATION.BIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND IF SUCH LIMITATIONS WERE ABSENT, WEBSITECREATION.BIZ. WOULD NOT ENTER INTO THIS AGREEMENT.