By signing up for our services or paying in part or in full for any service, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. 

If a Client accepts a quote or then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

 

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

 

This Terms of Service (the “Agreement”) is a legally binding contract between Elite Design & Marketing and/or A&R Elite Design and/or GrowBizHere.com ISAOA (the “Company”) and you (the “Client”) that shall govern the purchase and use, in any manner, of services provided by the Company to the Client (collectively, the “Services”). By purchasing or using the Services in any manner, the Client represents that he has read, understand, and agrees to all terms and conditions set forth in the Agreement, and that he is at least eighteen (18) years old and has the legal ability to engage in a contract in the State of residence.

 

If the Client does not accept the Agreement and all terms and conditions set forth within, he should not purchase or use, in any manner, Services from the Company or, if he has already purchased Services, he should contact the Company immediately to terminate the Agreement and no refunds will be provided under any circumstances.

​It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without notice.

It is further agreed that by signing up for our services or paying in part or in full for any service, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.

 

Web Design & Development.

Web design and development projects require extensive resources, consumes our time and incurs internal expenses. The figure provided in any Contract is an estimate, not a quote. It is based on the information provided, and may be inappropriate if additional information is forthcoming, or specifications change. It does not include content writing, images, additional graphics, video, copywriting, animation, video, third-party artwork, advanced programming functions or web server charges. Therefore once a payment or deposit is made, it is non-refundable. Payments for custom design projects (i.e. custom logo designs and branding projects, full website designs, individual page mockups and smaller design components within a website, etc.) and custom development projects (i.e. php programming, WordPress CMS custom development, WordPress Plugin custom development, etc.) are made to us in increments as a courtesy to the client as well as discounted for those who agree to pay in full, but if a project gets canceled, delayed or postponed by the client for more than 3 (three) days, then all monies paid will be retained by Company Design and if applicable, an additional cost will be charged to the client for all work completed beyond what was already paid for shall be paid by the client. All projects that are completed as defined as the scope of the work are non-refundable.

If Client terminates this Agreement under this provision, Developer shall be entitled to compensation on a time and materials basis at an hourly rate of $100.00 and any other additional fees incurred.

 

Delivery Schedules.

All of our turnaround times are estimates only and NOT guarantees. Please keep in mind that there are several different things that can delay the web design process that is out of our control. The turnaround times that we give are based on actual statistics of jobs we have done in the past and are NOT guaranteed. Under no circumstances will a refund be honored for a delay in our estimated turnaround time and this should not constitute a breach of this contract.

If a project is canceled or postponed by client, all monies paid are retained by Company and if applicable, a fee for all work completed (any discounts will be removed and standard fees will be charged) beyond what was already paid for shall be paid by the client. If terminated by Company for refusal to pay for work completed or any violation of Contract or Terms of Service Client will pay Company in full at regular fees with all discounts deducted and a 50% Kill fee added for the time we’ve spent working until that point to be determined by Company in its sole discretion. If applicable, an additional cost will be charged to the client for all work completed beyond what was already paid for shall be paid by the client in full immediately. All projects that are completed as defined as the scope of the work are non-refundable. CLAUSE

 

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Payments for Search Engine Optimization, Internet Marketing and Social Media. 

Optimization services are nonrefundable, and Company does 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 Company in initiating services.

If the party for whom any logo or site design has been created closes, changes its name, or changes its activity.

If you do not communicate with Company for more than 30 days following the submission of logo design, web design, or web development.

Client fails to produce needed materials, imagery, or content agreed upon prior to starting project.

 

Chargebacks & Payments.

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 $99.00 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. 

Payments must be submitted via directions on invoice

 

Company License and Credit.

Client hereby grants to Company a non-exclusive and limited license to use Client’s trade names, logos and other trademarks in connection with Company advertising, marketing and promotion of its products and services.  Client agrees that any unsolicited positive feedback Client provides to Company may be used in any Company marketing and/or advertising materials (i.e., customer testimonials).  Client further agrees that Company may use and display the graphics and other web design elements of Client’s website as examples of Company website design and development work.  To maintain Company’s portfolio credentials, and the integrity of any applicable copyrights, Company shall be entitled to place an unobtrusive credit in the footer on each page of Client’s website.   A link to all websites by Company, ISAOA will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees not to remove credits for 48 months from Contract date. If credit is removed, client agrees to notify company immediately and pay Company a removal fee of $499.00. Please note that company will audit all websites for compliance once per month.

 

 

Right of Refusal

We reserve the right to refuse or stop service to any person at Company’s discretion. The Company further reserves the right to deny service to any script, program, software, or other service at Company’s discretion. Such refusal can occur at any time, for any or no reason, and without explanation.

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Website Hosting

Unless otherwise provided, you agree that until and unless you notify Company of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Payments for past months of web hosting are non-refundable. 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 client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing within 30 days with intent to cancel, or until 14 days after due date of payment not received. If client paid for hosting account for 6 or 12 months ahead and cancels service before plan expiration date, a refund may be given for the months not yet elapsed. If client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount.

Any invoice that is outstanding for more than fourteen (14) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Company may suspend or terminate your account and pursue the collection costs incurred by Company, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Company will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Company reserves the right disable and/or terminate a user’s hosting account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.

Company is not responsible for transferring websites to and from the Company web servers unless the transferring service has been contracted and paid for in advance.

Company is not responsible for website security, only hosting account security. If the client uploads out-of-date website information, does not maintain their website security structure, plugin updates, etc., Company is not responsible for fixing websites that have been compromised by user action, inaction, or code. Misfit can provide these services separately through a maintenance agreement, but will not provide these services without one.

Company exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Company’s computers, network hubs and points of presence or the Internet. Company also does not monitor User Content. However, you acknowledge and agree that Company may, but is not obligated to, immediately take any corrective action in Company’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Company shall have no liability due to any corrective action that Company may take.

 

CLAUSE SIX:

Web Site Maintenance Retainer

This agreement allows for minor website maintenance to pages over an agreed at a cost of $85-$155/hour, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs. Under this website maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.

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Breach-Of-Contract

Company may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if Client displays forceful, threatening, willful, or menacing conduct or towards Company ISAOA or any of its employees or affiliates.Client acknowledges and agrees that any action in violation of Contract  shall be an incurable breach of this Agreement.

Company will use its sole discretion to make this decision

Upon breach-of-contract project termination by Company, Client agrees to pay original estimate fee per Contract will ALL discounts deducted and charged at regular rates in addition to any costs already paid. Client shall also pay a “kill fee” of 70% of the total project cost outlined in the original contract within 3 days of the cancellation notice and ALL MONIES paid to company for ANY third parties shall be retained by Company as damages. In such case, CLIENT will be granted no right or license to any work performed and no refunds will be issued for any monies paid. Client shall also be solely responsible for any attorney fees or cost

 

Upon non-breach-of-contract project cancellation by Company, Company will deliver to CLIENT all paid-for work during the course of the project in question.

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Defamation/Libel/Slander

The Parties covenant and agree that in no event, and at no time during the Term or at any time thereafter, shall either of them disparage, denigrate, slander, libel or defame the other or the others busnesses, services, properties or assests or employees or representatives.

Client acknowledges and agrees that any action in violation of Contract  shall be an incurable breach of this Agreement and shall result in immediate  Incurable Breach of Contract and Contract shall be immediately terminated. Upon breach-of-contract project termination by Company, Client agrees to pay original estimate fee per Contract will ALL discounts deducted and charged at regular rates in addition to any costs already paid. Client shall also pay a “kill fee” of 70% of the total project cost outlined in the original contract within 3 days of the cancellation notice and ALL MONIES paid to company for ANY third parties shall be retained by Company as damages. In such case, CLIENT will be granted no right or license to any work performed and no refunds will be issued for any monies paid. Client shall also be solely responsible for any attorney fees or cost

Company will use its sole discretion to make this decision

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Termination

The contract may be terminated by Company ISAOA for convenience without any liability or penalty to Company ISAOA and Client agrees to pay Company IN FULL with ALL discounts removed and payment due immediately.

Company may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if Client displays forceful, threatening, willful, or menacing conduct towards Company ISAOA or any of its employees or affiliates.Company will use its sole discretion to make this decision

Upon Termination for Breach of Contract or project cancellation by Company, Client agrees to pay original estimate fee per Contract will ALL discounts deducted and charged at regular rates in addition to any costs already paid. Client shall also pay a “kill fee” of 70% of the total project cost outlined in the original contract within 3 days of the cancellation notice and ALL MONIES paid to company for ANY third parties shall be retained by Company as damages. In such case, CLIENT will be granted no right or license to the work. 

In such case, CLIENT will be granted no right or license to any work performed and no refunds will be issued for any monies paid.

 

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for total of  Contract plus a 75% kill fee of amount in Contract and any additional work completed to the date of first notice of cancellation for payment in full within three (3) days.

 

 By signing up for our services or paying for any service in part or full, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.

 

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Website Design, Development and other Internet-related services provided by Company, ISAOA Pte Ltd (the "Services"). As used in this Agreement, "Company, ISAOA" means Company, ISAOA Pte Ltd and "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Company, ISAOA site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Company, ISAOA Site" refers to the Site located at the URL https://www.elitedesigdfw.com and www.GrowBizHere.com or any other successor Sites owned or maintained by Company, ISAOA.

The following terms and conditions apply to all website development / design services provided by Company, ISAOA to the Client.

 

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote and/or remits payment for ANY service then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

 

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

 

Charges

Charges for services to be provided by Company, ISAOA are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 3 (three) days. Company, ISAOA reserves the right to alter or decline to provide a quotation after 3 (three) days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is commenced. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services details will be made available on invoices.

 

Client Review

Company, ISAOA will provide the Client with an opportunity to review the appearance and content of the website  at its discretion but is not bound to do so during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Company, ISAOA otherwise within three (3) days of the date the materials are made available to the Client.

 

Failure to provide required website content

Company, ISAOA is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.

If you agree to provide us with the required information and subsequently fail to do within 7 days of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately minus all discounts.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.

 

Payment

Invoices will be provided by Company, ISAOA upon completion but before publishing the live website. Invoices are sent via email. Invoices are due upon receipt and are subject to late payment fees.

 

Additional Expenses

Client agrees to reimburse Company, ISAOA for any additional expenses company deems necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Web Browsers or any other additions deemed necessary in the sole discretion of Company. Payment shall be due and payable immediately. 

 

Transfer of Ownership

Upon the completion of all payment obligations outlined in this Contract, including the full settlement of the total amount due, and the payment of twelve (12) months of hosting fees to the Company, we will initiate the transfer of your website and grant you COMPLETE OWNERSHIP. Consequently, you will assume full responsibility for all future monthly payments to your preferred hosting provider, as per their terms and conditions, or you may opt to continue hosting through our services.

Should you decide not to utilize our hosting services during the initial twelve-month period, you have the option to do so by paying a hosting waiver fee of $399.00.

 

Website Display

Company, ISAOA makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Company, ISAOA cannot guarantee correct functionality with all browser software across different operating systems.

Company, ISAOA cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Company, ISAOA reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

 

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Company, ISAOA's Web space, Company, ISAOA will, at its discretion, remove all such material from its web space. Company, ISAOA is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. 

 

Returned Checks & Chargebacks

Checks returned for insufficient funds or ANY chargeback will result in the Client's account being immediately be considered to be in default until full payment is received including a minimum fee of $299.00 for reinstatement. Clients with accounts in default agree to pay Company, ISAOA reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Company, ISAOA in enforcing these Terms and Conditions.

 

Purpose

All Company, ISAOA services may be used for lawful purposes only. You agree to indemnify and hold Company, ISAOA harmless from any claims resulting from your use of our service that damages you or any other party.

 

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Company, ISAOA the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Company, ISAOA permission and rights for use of the same and agrees to indemnify and hold harmless Company, ISAOA from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Company, ISAOA that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

 

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumbdrive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Company, ISAOA to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

 

Design Credit & Display

A link to Company, ISAOA will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees not to remove credits for 48 months from Contract date. If credit is removed, client agrees to notify company immediately and pay Company a removal fee of $499.00. Please note that company will audit all websites for compliance once per month.

 

Company License and Credit

Client hereby grants to Company a non-exclusive and limited license to use Client’s trade names, logos and other trademarks in connection with Company advertising, marketing and promotion of its products and services.  Client agrees that any unsolicited positive feedback Client provides to Company may be used in any Company marketing and/or advertising materials (i.e., customer testimonials).  Client further agrees that Company may use and display the graphics and other web design elements of Client’s website as examples of Company website design and development work.  To maintain Company’s portfolio credentials, and the integrity of any applicable copyrights, Company shall be entitled to place an unobtrusive credit in the footer on each page of Client’s website.   A link to all websites by Company, ISAOA will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees not to remove credits for 48 months from Contract date. If credit is removed, client agrees to notify company immediately and pay Company a removal fee of $499.00. Please note that company will audit all websites for compliance once per month.

 

CLAUSE 18A:

Access Requirements

If the Client's website is to be installed on a third-party server, Company, ISAOA must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

 

Customer Service

Company, either directly or through its authorized service provider, shall provide customer service (the “Customer Service”) relating to Client Website consisting of replying to customer questions or complaints regarding website hosting services during the normal business hours set forth. Company is not obligated to provide any Customer Service except as specified in this Section.  Company at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to Client relating to Client Website pursuant to this Agreement without any liability to Company.   

 

Post-Placement Alterations

Company, ISAOA cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

 

INDEMNIFICATION AND LIABILITY

By Client: Client shall indemnify Company from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Company shall promptly notify Client in writing of any third party claim or suit. Client shall have the right to fully control the defense and any settlement of such claim or suit.

By Company: In the case of a third party lawsuit or proceeding based on a claim that Deliverables breach the third party’s intellectual property rights, and it is determined that such infringement has occurred, Company may at its own expense, replace any infringing content with non-infringing content.

 

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Limitation of Liability

THE SERVICES AND THE WORK PRODUCT OF Company ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF Company, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“Company PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO $1.00 IN NO EVENT SHALL Company BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY Company, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

 

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or By purchasing or using the Services in any manner, payment of any advance fee constitutes agreement to and acceptance of these Terms and Conditions.

 

Governing Law

This Agreement shall be governed by Texas Law.

Liability

Company, ISAOA hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;

• Loss or damage caused by omission;

• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

• Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Company, ISAOA to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to $1.00.

 

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

 

DISPUTE RESOLUTION

Negotiation: Parties agree to attempt to resolve any dispute by negotiation between the parties.

Arbitration/Mediation: If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.

Litigation: In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of TEXAS The parties waive any jurisdictional or venue defenses available to them and further consent to service of process by mail.

Attorney Fees: Company shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation from the client no matter the outcome of judgement.

 

 

 

 

 

 

 

Notices: All notices under this Agreement shall be given in writing either by an email to the email address provided for Contract and Invoices Notice will be effective when received.

No Assignment: Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.

Governing Law: This Agreement shall be governed by the law of TEXAS.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.

Headings: Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect.

Complete Agreement: This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.

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