TERMS OF SERVICE
LAST UPDATED: June 1, 2022
1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and WordPress on The Go! Web Design (WPOTG) and its legal successors and assigns.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using WPOTG’s website and/or services, including but not limited to, submission of content to WPOTG’s design department, payment or authorization of payment, Client agrees 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.
WPOTG 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 TOS. Failure to comply with the TOS may result in account termination. By using WPOTG’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 WPOTG 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 WPOTG services including the purchase of additional services or additional websites or accounts at a later date.
2. Description of Service
WPOTG provides website-related services, including, but not limited to, designing of websites, coding of websites, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, easy interface for updating the website, email accounts and additional website-related services.
3. Electronic Delivery Policy
WPOTG is a website-related business and communicates with its Clients electronically. When Client accepts this TOS, Client consents to receive electronically from WPOTG any notices, agreements, disclosures, or other communications – notices. Client agrees that WPOTG may send electronic Notices in either of the following ways 1) To the email address provided to WPOTG at the time of sale or 2) to the new email address account Client set up through WPOTG. Client agrees to check the designated email addresses regularly for Notices. Notice from WPOTG is effective when sent by WPOTG, regardless of whether the Notice is read or received by Client.
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4. Unacceptable Practices
As WPOTG strives to offer the very best service, there are certain guidelines and policies that must govern WPOTG’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 WPOTG’s services. Such decisions are at the sole discretion of WPOTG. 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)
Offensive or otherwise distasteful material
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
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
Illegal drugs or drug paraphernalia
Prescription drugs and related content
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 WPOTG services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.
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 WPOTG’ policies and guidelines
WPOTG reserves the right to refuse to design or host an account at its sole discretion at anytime.
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 WPOTG harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. WPOTG retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. WPOTG 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 WPOTG 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)
5. Intellectual Property Policy
WPOTG respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others.
WPOTG will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to WPOTG is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website.
6. Website Construction Procedure
With help and input from the Client, WPOTG will develop the website. Before work may begin on a website, the Client must accept these Terms of Service.
In submitting content, links to sample sites the Client likes are for general information purposes only and assist WPOTG 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 WPOTG’s invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
WPOTG 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.
7. Completion Timeframes
Client understands, agrees and acknowledges that WPOTG 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, complexity of Client’s project(s), availability of WPOTG personnel, accounting status of Client’s account, etc.
If Client does not respond to WPOTG communications and, as a result, WPOTG 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, e-commerce or the use of a database, the overall development time will be extended.
8. Client Approval
Client is responsible for testing the functionality of the website upon WPOTG’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, e-commerce store, payment functions, galleries, forums etc.
Client website may be posted live as soon as the website design is completed by WPOTG and all balances due paid.
The Client understands and agrees that if the Client does not respond within 5 business days to WPOTG’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 WPOTG’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 WPOTG completes all of the work per the original sale and database write ups, WPOTG 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.
9. Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice 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.
10. Website Change Requests Before and After Website Goes Live
WPOTG agrees to build a website 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 WPOTG’s standard hourly rate. WPOTG is not obligated to complete Client requests or changes outside of the scope of work on the original invoice.
Client will be provided with instructions to input products into the store. If Client requests WPOTG 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 WPOTG’s standard product-entry rates. Client is required to submit store content to WPOTG via WPOTG’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 WPOTG’s standard hourly rate for requested changes.
Client is responsible for testing the functionality of the e-commerce store upon WPOTG’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. WPOTG 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.
12. 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, custom editing, page templates, 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.
13. Expedited Services
While WPOTG 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 WPOTG 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 WPOTG 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 WPOTG and Client’s timely cooperation with WPOTG in any solicitation for information related to the website’s development.
14. Additional Services
Client may purchase at an additional monthly cost additional services offered by WPOTG. Additional monthly services may include, but are not limited to, the Web Traffic Director program (WTD), 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. WPOTG 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.
15. Technical Support
WPOTG’s technical support department should be contacted at firstname.lastname@example.org for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. WPOTG provides technical support for email and down time issues that are caused by WPOTG. 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 WPOTG’s hourly rate and that WPOTG may charge Client’s account for such technical support fees.
16. Customer Service
WPOTG strives to offer the best service available. Customer service complaints or concerns should be emailed to email@example.com.
17. Domain Names
Client is responsible for the purchase and renewal of domain names.
Domain names purchased by WPOTG on Client’s behalf and website designs, databases, stores, or programs created by WPOTG are the property of WPOTG until Client has paid all fees including one full year of monthly hosting.
18. Billing Policy
Depending on the structure and scope of each site, the billing policy will be agreed to and included in the final Work Agreement. The initial design set-up fee is 50% deposit and is due prior to starting the designing of the website for projects over $500. Projects $500 and under, 100% may be requested at time of completion. Additional installment payments may be accepted for the deposit only if agreed to in writing per the original invoice. Balance of website design is due upon completion of site and prior to the release/transfer of web site files to Client’s hosting account.
WPOTG accepts payment via wire transfer, check, credit card and debit cards from Client’s bank account.
WPOTG reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
19. Billing Disputes
WPOTGcharges up to a $35.00 fee for returned checks. If WPOTG does not receive payment in full when due, WPOTG 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. WPOTG 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 WPOTG for collecting from Client.
If Client wishes to dispute a charge Client must first contact WPOTG’s billing department and must allow 10 business days for a response. To avoid any dispute about Client’s attempt to contact WPOTG, Client must send the request in writing to:
Attn: Billing Department, WordPress On The Go! Web Design, PO Box 1687, Orlando, Florida 32821.
20. Termination/Cancellation of Services
WPOTG, 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 WPOTG believes Client has violated the TOS. WPOTG 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 WPOTG’s services under any provision of this TOS may be effected without prior notice and that WPOTG may deactivate or delete Client’s account and all related information files.
21. Cancellation Fee and Refund Policy
WEBSITE DESIGN/DEVELOPMENT – Refunds of the fees paid for development of the website may be issued on accounts cancelled within 10 days of the initial sale and prior to the completion of the website according to the following schedule:
A) A minimum of a 50% cancellation fee will be retained by WPOTG on cancelled accounts if work has been started but no site/content yet submitted by the Client.
B) A minimum of a 75% cancellation fee will be retained by WPOTG on cancelled accounts if work has been presented to the Client; or WPOTG has made multiple attempts to work with the Client, and Client has not responded to those attempts.
C) A 100% cancellation fee will be retained by WPOTG and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by WPOTG. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.
D) 100% cancellation fee will be retained and NO REFUND will be issued by WPOTG if Client cancels after 10 days from the initial sale.
22. Disclaimer of Warranties
CLIENT’S USE OF WPOTG’S SERVICES IS AT CLIENT’S OWN RISK. WPOTG’S SERVICES ARE PROVIDED “AS IS”. CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WPOTG’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.
23. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT WPOTG, 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 WPOTG 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 WPOTG’S SERVICES, RELIANCE ON WPOTG’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WPOTG’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 WPOTG’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 WPOTG’S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO WPOTG’S SERVICES.
Client may contact WPOTG at 888-405-3820 M-F from 8:30 –5:00 EST. Client may also email at firstname.lastname@example.org
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