Terms and Conditions
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions.
2. Intellectual Property Rights
Other than the content you own, which you may have opted to include on this Website, under these Terms, DesignsTouch and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or maybe, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and DesignsTouch may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant DesignsTouch a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. [Sender.Company] reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties
This Website is provided “as is,” with all faults, and DesignsTouch makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability
In no event shall DesignsTouch, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and DesignsTouch, including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent DesignsTouch from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
DesignsTouch is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
[Sender.Company] shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between DesignsTouch and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the city of Racine, State of Wisconsin, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Wisconsin for the resolution of any disputes.
13. REFUND & CANCELLATION POLICY
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 nonrefundable. If a project is canceled or postponed, all fees paid are retained by DesignsTouch. If applicable, the client will pay a fee for all work completed beyond what was already paid for.
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 nonrefundable. If a project is canceled or postponed, all fees paid are retained by DesignsTouch. If applicable, the client will pay a fee for all work completed beyond what was already paid for.
Search Engine Optimization, Internet Marketing, and Social Media Optimization
Payments for Search Engine Optimization, Internet Marketing, and Social Media Optimization services are nonrefundable. DesignsTouch does not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is nonrefundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by DesignsTouch in initiating services. If a project is canceled or postponed, all monies paid are retained by DesignsTouch. If applicable, the client will pay a fee for all work completed beyond what was already paid for.
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 $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued because 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 get in touch with us to address any billing issues. Requesting a chargeback or opening a PayPal/Credit Card dispute for a reasonable charge from us is fraud and is never an appropriate or legal means of obtaining a refund. Please read and ensure you fully understand our refund policy before making a payment.
Website Hosting & Domain Name
Payments for web hosting and domain name registration are nonrefundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources according to the plan purchased. If the client did not use the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing or 15 days after the due date of payment not received. Suppose the client paid for the hosting account 6 or 12 months ahead and cancels service before the plan expiration date. In that case, a refund may be given for the months not yet elapsed. If the client received free products and/or services with their hosting plan purchase, the value of the free services would be deducted from the refund amount. DesignsTouch reserves the right to disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.
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