1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and Shetewy-Tech Web Services, LLC, a limited liability company, and its legal successors and assigns
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Shetewy-Tech services, including but not limited to, submission of content to Shetewy-Tech design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.
SHETEWY-TECH provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at our website, Failure to comply with the TOS may result in account termination. By using SHETEWY-TECH’s services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and SHETEWY-TECH is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.
Client’s acceptance of the TOS is binding upon all SHETEWY-TECH services including the purchase of additional services or additional websites or accounts at a later date.
2. Description of Service
SHETEWY-TECH designs and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, web-traffic reporting, database development, easy interface for updating the website, mobile development, Social Media services, email accounts and additional website-related services. Client understands that SHETEWY-TECH’s services may include certain communications from SHETEWY-TECH such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to SHETEWY-TECH’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access SHETEWY-TECH’s services.
3. Electronic Delivery Policy
SHETEWY-TECH is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from SHETEWY-TECH any notices, agreements, disclosures, or other communications (Notices). Client agrees that SHETEWY-TECH may send electronic Notices in either of the following ways 1) To the email address provided to SHETEWY-TECH at the time of sale or 2) to the new email address account Client set up through SHETEWY-TECH. Client agrees to check the designated email addresses regularly for Notices. Notice from SHETEWY-TECH is effective when sent by SHETEWY-TECH, regardless of whether the Notice is read or received by Client
5. Call Monitoring and Recording Privacy Statement
As part of SHETEWY-TECH’s commitment to providing the best possible service SHETEWY-TECH may monitor and record phone calls or Skype meetings answered by SHETEWY-TECH and made by SHETEWY-TECH. SHETEWY-TECH may also archive recorded voice mail messages. SHETEWY-TECH records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows SHETEWY-TECH to identify how SHETEWY-TECH can better serve its customers
6. Unacceptable Practices
As SHETEWY-TECH strives to offer the very best service, there are certain guidelines and policies that must govern SHETEWYTECH’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of SHETEWY-TECH’s services. Such decisions are at the sole discretion of SHETEWY-TECH. Unacceptable practices include, but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Fetish websites
- Lingerie websites
- Offensive or otherwise distasteful materia
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at SHETEWY-TECH’s discretion)
- Gambling, gaming, lotteries, and like activities
- Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language
- Aids to pass drug tests or aids to pass lie detector tests
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Prescription drugs and related content
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons
- Intentional or unintentional violations of any applicable local, state, national or international law
- Reselling of email accounts or hosting accounts to third parties
- Reselling of any SHETEWY-TECH services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreemen
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
- Links to other sites that are in violation of SHETEWY-TECH’ policies and guidelines
- Other activities, whether lawful or unlawful, that SHETEWY-TECH deems to be in poor taste or that reflect adversely on SHETEWY-TECH or SHETEWY-TECH’s other clients
- SHETEWY-TECH reserves the right to refuse to design or host an account at its sole discretion at any time
As an SHETEWY-TECH Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold SHETEWYTECH harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. SHETEWY-TECH retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. SHETEWY-TECH may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by SHETEWY-TECH for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)
As an SHETEWY-TECH Client you may have access to editing tools for your website. Client may edit, add or delete content to Page 2 of 6 the website at any time. With this understanding SHETEWY-TECH may or may not pre-screen content. SHETEWY-TECH shall have the right (but not the obligation) to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by SHETEWY-TECH or not, including any reliance upon accuracy, usefulness or completeness.
Client acknowledges that SHETEWY-TECH may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of SHETEWY-TECH and the public.
7. Intellectual Property Policy
SHETEWY-TECH respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. SHETEWY-TECH may terminate accounts for copyright or trademark infringement, or for any other reason SHETEWY-TECH deems appropriate as it may relate to Client’s use of another’s intellectual property. If you believe your work has been copied and is accessible on an SHETEWY-TECH’s website please contact us today
Client content that is sent to SHETEWY-TECH will remain the intellectual property of the Client. SHETEWY-TECH does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. SHETEWY-TECH will attempt to honor requests to return original content; however, SHETEWY-TECH has no liability and does not guarantee the return of any content to Client.
Domain names purchased by SHETEWY-TECH and website designs, databases, stores, or programs created by SHETEWYTECH are the property of SHETEWY-TECH until Client has paid all fees including one full year of monthly hosting. (See Domain Names Purchase/Hosting Agreement)
8. International Use
recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the trans-border transfer of personal data.
9. Interstate Communications
Client acknowledges that by using SHETEWY-TECH’s services Client will be causing communications to be sent through SHETEWY-TECH’s computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of SHETEWY-TECH’s services results in interstate data transmissions and may result in transborder transfer of personal data. Client hereby consents to the collection, processing and trans-border transfer of such personal information as Client may provide or make available to SHETEWY-TECH.
10. Website Construction Procedure
With help and input from the Client, SHETEWY-TECH will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to SHETEWY-TECH through SHETEWY-TECH’s online digital Center
In submitting content, links to sample sites the Client likes are for general information purposes only and assist SHETEWYTECH with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in SHETEWY-TECH’s invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
SHETEWY-TECH will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
11. Completion Timeframes
Client understands, agrees and acknowledges that SHETEWY-TECH does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, comp
If Client does not respond to SHETEWY-TECH communications and, as a result, SHETEWY-TECH is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, mobile development, e-commerce or the use of a database, the overall development time will be extended.
12. Client Approval
Client is responsible for testing the functionality of the website upon SHETEWY-TECH’s request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, ecommerce store, payment functions, galleries, forums etc
Client website may be posted live as soon as the website design is completed by SHETEWY-TECH. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website may be posted live within 30 days from purchase if SHETEWY-TECH is required to complete content and design without complete Client input or content from Client.
The Client understands and agrees that if the Client does not respond within 5 business days to SHETEWY-TECH’s request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to SHETEWY-TECH’s notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”
In the event that SHETEWY-TECH completes all of the work per the original sale and database write ups, SHETEWY-TECH reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.
13. Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements
14. Website Change Requests Before and After Website Goes Live
SHETEWY-TECH agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at SHETEWY-TECH’s standard hourly rate. SHETEWY-TECH is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If SHETEWY-TECH does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
SHETEWY-TECH does not guarantee a time frame for completion of ANY custom database or custom programming completed by SHETEWY-TECH or an SHETEWY-TECH Partner. If database is completed by SHETEWY-TECH A custom “Database Specifications Summary” may be presented to the Client. SHETEWY-TECH agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and SHETEWY-TECH may proceed with development of the custom database as outlined. A Database Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.
If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at SHETEWY-TECH’s standard hourly rate. There is no guarantee that changes made by SHETEWY-TECH to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client’s requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.
Client is responsible for testing the functionality of the website upon SHETEWY-TECH’s request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
SHETEWY-TECH will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests SHETEWY-TECH to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at SHETEWY-TECH’s standard data entry rates.
Client will be provided with instructions to input products into the store. If Client requests SHETEWY-TECH to enter products into the store on Client’s behalf, the Client will be charged, and agrees to pay, for each product added to the store at SHETEWYTECH’s standard product-entry rates. Client is required to submit store content to SHETEWY-TECH via SHETEWY-TECH’s content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at SHETEWY-TECH’s standard hourly rate for requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon SHETEWY-TECH’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. SHETEWYTECH is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
17. Enhancements to Website
Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.
Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and SHETEWY-TECH will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
18. Expedited Services
While SHETEWY-TECH does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by SHETEWY-TECH at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that SHETEWY-TECH will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by SHETEWY-TECH and Client’s timely cooperation with SHETEWY-TECH in any solicitation for information related to the website’s development.
If expedited service is offered to Client by SHETEWY-TECH, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will SHETEWY-TECH guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide SHETEWY-TECH with requested information in a timely manner, SHETEWY-TECH reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to SHETEWY-TECH for any and all other charges related to the website’s development.
19. Additional Services
Client may purchase at an additional monthly cost additional services offered by SHETEWY-TECH. Additional monthly services may include, but are not limited to, the Web Traffic Services and SEO, Spam filters, and back-up software. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. SHETEWY-TECH will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 30 days written notice.
20. Email Accounts
Based on the hosting support package purchased, email accounts are also provided. Email accounts may be set up and used immediately upon Client’s purchase of website. Client does not need to wait until custom website is live to use email accounts. To begin using email accounts Client should contact Technical Support.
21. Technical Support
SHETEWY-TECH’s technical support department should be contacted at email@example.com for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. SHETEWY-TECH provides technical support for email and down time issues that are caused by SHETEWY-TECH. Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at SHETEWY-TECH’s hourly rate and that SHETEWY-TECH may charge Client’s account for such technical support fees.
If Client uses SHETEWY-TECH’s technical support services, including but not limited to screen share sessions, Client acknowledges and understands that SHETEWY-TECH does not warranty that technical support services will meet Client’s requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)
22. Customer Service
SHETEWY-TECH strives to offer the best service available. Customer service complaints or concerns should be emailed to firstname.lastname@example.org
23. Use and Storage
Client acknowledges that SHETEWY-TECH may establish general guidelines and limits concerning use of SHETEWY-TECH’s services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on SHETEWYTECH’s servers on Client’s behalf. , Client acknowledges that SHETEWY-TECH is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by SHETEWY-TECH may be lost if data loss occurs after a scheduled backup by SHETEWY-TECH
24. Server Security Practices
SHETEWY-TECH utilizes security practices that comply with standards set by the Payment Card Industry (PCI) in maintaining its servers. SHETEWY-TECH will not modify its shared-hosting server settings and configurations to Client’s individual preferences. SHETEWY-TECH routinely scans its servers to ensure compliance with good security practices. Unauthorized security scanning and penetration testing of shared-hosting servers by the Client is strictly prohibited.
SHETEWY-TECH at its sole discretion may allow or perform server administration and or customization to client accounts that are hosted on a virtual private server (VPS) or a private server. Such server customization and administration is subject to SHETEWY-TECH standard hourly rates and Client agrees to pay for any and all such customizations requested.
If Client uses its website to collect, store, display, process or otherwise use sensitive or confidential information including but not limited to credit card information, social security numbers, credit or financial information, medical or health care related records, insurance records, sales records, personal information, etc, then SHETEWY-TECH at its sole discretion may require Client to utilize certain services to improve the security of Client’s website. Such services may include security certificates, hosting Client’s site on a Virtual Private Server (VPS) or on a private server, and using programming that encrypts the sensitive or confidential information used by Client’s website. Client understands and acknowledges that there may be costs associated with these services and agrees to pay for said services if use by Client. SHETEWY-TECH reserves the right to terminate Client accounts that refuse to meet SHETEWY-TECH’s security requirements for Client’s website.
25. Design Time/Service Contract
Client may wish to make changes or updates to the live website that SHETEWY-TECH is hosting. Most changes can be made using SHETEWY-TECH’s support services. The online services may not be available for all websites, or all pages of a website. Availability of the online services is dependent upon the functionality and specifications required for the Client’s website. If Client desires for SHETEWY-TECH to make changes to website, design time may be purchased at an hourly rate or in blocks of design time as a Design Service Contract.
SHETEWY-TECH is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by SHETEWY-TECH to repair changes made by Client will be billed to Client at SHETEWY-TECH’s standard hourly rate or SHETEWY-TECH may utilize design time that has been purchased by the Client
Flash updates and PHP updates are considered enhancements or additional services purchased, and are not design updates to the website. The appropriate fee will be charged for the purchase of each enhancement. Design Service Contract time may not be used for Flash updates or PHP updates purchased by the Client. Flash and PHP Service Contracts may also be available for purchase
26. Monthly Hosting Agreement
Monthly hosting is billed 60 days from the date of sale and is recurrently billed every 30 days thereafter. Monthly hosting begins accruing 30 days from the date of sale, regardless of the date the website goes live, because hosting costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names. In addition, email accounts and support are available from the date of sale and are paid for with monthly hosting fees. Client agrees to a one year hosting agreement with SHETEWY-TECH.
27. Domain Names
Client is responsible for the purchase and renewal of domain names and will be billed directly by domain name provider for annual renewal fees. Client agrees to pay SHETEWY-TECH for domain names purchased and/or renewed by SHETEWY-TECH on Client’s behalf.
Domain names purchased by SHETEWY-TECH on Client’s behalf and website designs, databases, stores, or programs created by SHETEWY-TECH are the property of SHETEWY-TECH until Client has paid all fees including one full year of monthly hosting. . Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Clients may buy-out their one year hosting agreement by paying 12 months of hosting in advance if they wish to transfer the domain name and content to Client’s control prior to one year of paid monthly hosting. SHETEWY-TECH expressly reserves the right to retain a copy of any website designs, databases, stores, flash, programs, writings, or any other work created for Client for evidentiary purposes.
Upon transfer of domain and/or website to Client or another service provider, at any time, Client agrees that SHETEWY-TECH has met in full its obligation to Client, and SHETEWY-TECH is released of all past and future obligations to the Client. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client. SHETEWY-TECH reserves the right to transfer domain name(s) to Client at any time. Upon receipt of any legal action or intellectual property disputes SHETEWY-TECH may transfer domain name to Client at any time.
Domain names are purchased through a third party service on Client’s behalf. SHETEWY-TECH cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase SHETEWY-TECH will assist the Client in selecting and purchasing an alternate domain name.
If Client ceases to pay monthly hosting or other fees due ownership of any domain names purchased by SHETEWY-TECH on Client’s behalf or controlled by SHETEWY-TECH are transferred to SHETEWY-TECH. SHETEWY-TECH may allow domain name to expire, may renew domain name and remain the owner, or SHETEWY-TECH may sell the domain name at its sole discretion and for SHETEWY-TECH’s sole benefit.
28. Marketing Representations
SHETEWY-TECH makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to SHETEWY-TECH are due at time of sale of website design and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website. SHETEWY-TECH is not responsible for marketing of Client’s website including search engine rankings. Ultimately the success or failure of the Client’s website is the responsibility of the Client.
29. 30-Day Satisfaction Guarantee
SHETEWY-TECH provides a 30-day satisfaction guarantee. SHETEWY-TECH will continue to change and modify the Client’s website to Client’s liking, within 30 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 30 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client’s design time hours available based upon the monthly hosting package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at SHETEWY-TECH’s standard hourly rate over and above the initial design fee paid. SHETEWY-TECH does not guarantee that the website designed will be exactly what the Client has envisioned. SHETEWY-TECH’s best effort will be given for the 30-day satisfaction guarantee but SHETEWY-TECH is not obligated to complete multiple redesigns or modifications. While SHETEWY-TECH may agree to make requested changes and to bill the Client’s design time or bill the Client directly, SHETEWY-TECH is not obligated to complete Client requests or changes outside of the 30-day satisfaction period. If SHETEWY-TECH does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.
30. Billing Policy
The initial design set-up fee is due and billed in full at the time of the original sale. (Installment payments may be accepted for the set-up fee only if agreed to in writing per the original invoice.) Monthly hosting is billed and due every month beginning 60 days from the date of the original sale. The Client hereby requests that SHETEWY-TECH renew and bill monthly hosting fees every 30 days thereafter, unless the Client cancels in writing after 12 months of monthly hosting fees have been paid.
Monthly hosting and additional services fees may be billed on the 1st or 15th of each month to coincide with SHETEWY-TECH’s billing cycles. The amount of the initial design set-up fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package selected by Client.
SHETEWY-TECH reserves the right to change prices at any time including monthly hosting amounts and hourly design fees. All prices are in U.S. Dollars (USD) without regard to fluctuations in foreign exchange rates.
SHETEWY-TECH accepts payment via wire transfer, check, credit cards, direct bank transfers, personal agents’ delivery, Western Union, and MoneyGram.
The Client may change payment methods including credit card and EFT debit payments with 30 days’ notice. To change payment methods Client should contact SHETEWY-TECH’s billing department. Client should not email new billing information for security purposes.
SHETEWY-TECH reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
31. Billing Disputes
SHETEWY-TECH charges up to a $25.00 fee for returned checks. If SHETEWY-TECH does not receive payment in full when due, SHETEWY-TECH may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. SHETEWY-TECH may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to SHETEWY-TECH for collecting from Client. SHETEWY-TECH does not agree to, and will not honor, any limiting notations made by a Client on a check.
If Client wishes to dispute a charge Client must first contact SHETEWY-TECH’s billing department and must allow 10 business days for a response. To avoid any dispute about Client’s attempt to contact SHETEWY-TECH, Requests may be emailed to email@example.com, a confirmation message should be sent to the client once we receive the request.
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. In the event that Client initiates a credit card dispute, ceases paying hosting fees or other fees due, SHETEWY-TECH, at its sole discretion, may suspend work on the website until the billing dispute has been resolved.
32. Termination/Cancellation of Services
SHETEWY-TECH, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if SHETEWY-TECH believes Client has violated the TOS. SHETEWY-TECH may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to SHETEWY-TECH’s services under any provision of this TOS may be effected without prior notice and that SHETEWY-TECH may deactivate or delete Client’s account and all related information files. Client agrees that SHETEWY-TECH shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. SHETEWY-TECH may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to SHETEWY-TECH. Charges for monthly hosting will continue to incur for delinquent accounts until Client’s one year hosting obligation has been met even if account has been suspended or terminated. SHETEWY-TECH also reserves the right to discontinue the designing of Client’s website at any time, at SHETEWY-TECH’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by SHETEWY-TECH.
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by SHETEWY-TECH
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify SHETEWY-TECH in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from SHETEWY-TECH that the request for termination has been received and no further hosting fees will be billed.
Requests for cancellation of website hosting services or additional services should be sent to the following email address firstname.lastname@example.org. If Client chooses to send request by email, a confirmation message should be sent to the client once we receive the request.
33. Cancellation Effective Date
Client may terminate hosting services with 30 days written notice, after one full year of paid hosting. The effective date of cancellation is to be 30 days from the date of SHETEWY-TECH’s receipt of electronic notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and Client agrees to pay.
If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes SHETEWY-TECH to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.
34. Cancellation Fee and Refund Policy
WEB DESIGN – Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Shetewy-Tech and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
WEB DEVELOPMENT – Payments for custom web development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Shetewy-Tech and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
SEO SERVICES – Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are nonrefundable, and Shetewy-Tech do not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by Shetewy-Tech in initiating services. If a project is cancelled or postponed, all monies paid are retained by Shetewy-Tech and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by SHETEWY-TECH on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate SHETEWY-TECH for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.
CHARGEBACKS – If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $60 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
ENHANCEMENT SALES - A 100% cancellation fee will be retained by SHETEWY-TECH and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by SHETEWYTECH on all cancelled enhancement purchases if cancelled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by SHETEWY-TECH if Client cancels after 90 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.
35. Account Transfer
Requests for transferring the ownership of a website or hosting account from Client to a new owner must be completed in writing by both the current account owner and the new designated owner. The transfer is not valid until a signed request is received by SHETEWY-TECH in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of SHETEWY-TECH’s TOS by the new owner.
36. SHETEWY-TECH Proprietary Rights
Client acknowledges and agrees that SHETEWY-TECH’s services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of SHETEWY-TECH’s services
37. Use of Client Information
Client herby gives permission to SHETEWY-TECH to include its small (created by) logo in the footer of your website and/or use samples or links to Client’s custom website designed by SHETEWY-TECH for marketing and advertising purposes, including but not limited to, use in SHETEWY-TECH’s online portfolio.
38. Third-Party Services
39. Contract Service Providers
SHETEWY-TECH may contract with Contract Service Providers to complete a portion, or all of the Client’s custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any SHETEWY-TECH employee directly for services. All payments for services rendered must be made directly to SHETEWY-TECH. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s website and do not have access to Client’s personal information including payment information.
40. Disclaimer of Warranties
CLIENT’S USE OF SHETEWY-TECH’S SERVICES IS AT CLIENT’S OWN RISK. SHETEWY-TECH’S SERVICES ARE PROVIDED “AS IS”. SHETEWY-TECH DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SHETEWY-TECH DISCLAIMS ANY WARRANTIES REGARDING SHETEWY-TECH’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SHETEWY-TECH DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SHETEWY-TECH’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. SHETEWY-TECH DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. SHETEWY-TECH DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH SHETEWY-TECH’S SERVICES, OR LINKS PROVIDED BY SHETEWY-TECH’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY SHETEWY-TECH OR OBTAINED THROUGH LINKS PROVIDED THROUGH SHETEWY-TECH’S SERVICES
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SHETEWY-TECH’S SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
41. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT SHETEWY-TECH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SHETEWY-TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE SHETEWY-TECH’S SERVICES, RELIANCE ON SHETEWY-TECH’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SHETEWY-TECH’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH SHETEWY-TECH’S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO SHETEWY-TECH’S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO SHETEWY-TECH’S SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT
Without limiting the foregoing, under no circumstance shall SHETEWY-TECH be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning. SHETEWY-TECH’S full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to SHETEWY-TECH.
42. Tort Claims and Other Claims
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against SHETEWY-TECH, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against SHETEWY-TECH in Client’s individual capacity and not as a member of a class.
Client agrees to defend, indemnify and hold harmless SHETEWY-TECH, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through SHETEWY-TECH’s services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by SHETEWY-TECH or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless SHETEWY-TECH, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
This agreement shall be governed exclusively by the laws of the State of Delware, USA, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of Utah. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Utah, Counties of Utah or Salt Lake, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non convenience otherwise. Should there be a breach of this provision, the nonbreaching party shall be entitled to an award of attorney fees.
SHETEWY-TECH may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
47. General Information
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of SHETEWY-TECH. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of SHETEWY-TECH’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.