All contents on this website including information, material and graphics, user interface design and layouts are copyrighted property of HotEscortWebsiteDesign.com now referred to as HEWD. By using any of HEWD services the client is deemed to have accepted these Terms and Conditions. In these Terms and Conditions "we, our, us, I, me, my refers to HEWD. "You" and "Client" refers to HEWD clients.
REJECTION
HEWD reserves the right to withdraw any or all services from any client who infringes these regulations (as set out below) without notice and with immediate effect. In the event of suspending services, it is not my policy to offer a refund of any monies paid for services or any part thereof. HEWD may or may not forgo any payment due, dependent on the circumstances. In the event that I remove myself from a project due to violation of any of the terms below, it is not my policy to offer a refund of any monies paid.
ACCEPTABLE COMMUNICATION
HEWD reserves the right to withdraw any or all services from any client who chooses to communicate via email in an offensive and disrespectful manner.
LIMITATION OF LIABILITY
a) HEWD will under no circumstances be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.
B) The Client agrees that they are not using, nor intending to use, their website to conduct business illegally in any way or perform activities that violate their state, federal, local, or international laws. HEWD cannot be held liable for any legal issues the client encounters from use of their website. It is the responsibility of the Client to register their business in accordance with their local city or state tax laws.
COPYRIGHTS AND TRADE MARKS
a) Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to HEWD for inclusion in the Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend HEWD from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
b) Design Ownership
Upon delivery and payment of project, client assumes ownership of all graphics and design elements relating to the website. However, client may not modify, reproduce, create derivative works from, distribute, reverse engineer or in any way exploit any of the design elements created by HEWD, in whole or in part, except as otherwise expressly permitted in written agreement between the Client and HEWD.
c) Design Credit Link
All websites designed by HEWD require a design credit link pointing to http://www.hotescortwebsitedesign.com in the footer area next to the copyright. It is prohibited to remove or modify this link unless expressly permitted by HEWD. Design credit removal is available for a charge of £250.
PROJECT COMPLETION AND FEES
All design, programming or freelance services require a non-refundable 50% deposit of the quoted fee before any work on a project is started. Full web design projects are required to submit this deposit to secure their project start date. The remaining balance of all service fees must be paid in full within 7 days of completion. HEWD reserves the right to change the listed rates for any project, packages or maintenance services.
DEVELOPMENT AND COMPLETION:
HEWD and Client undertake to work together to complete Project within the timescale defined prior to project commencement. HEWD will inform client on project progress and will always endeavor to meet the defined timescales. Client must supply all requested source materials and down-payment BEFORE the scheduled project start date. Failure to provide source materials within 7 days of the scheduled start date will be sufficient grounds for HEWD to cancel the agreement and retain any down payment thus far as cancellation fees.
PROJECT FEES ON EXTENDED DEVELOPMENT
The standard fee quoted for a complete website includes up to 60 billable hours of design and development time. Billable time is that which is spent actively working on the Client website. Time needed to research new technologies, coding methods or design resources for client website are NOT billed.
If a final design concept cannot be agreed upon within 30 billable hours, the client has the option of terminating the project without being responsible for any remaining balances. Monies received for down payment will be applied towards previous development and will not be refunded.
Failure to finalize design elements within 40 billable hours may incur additional project fees at the discretion of HEWD if it is deemed the Development and Testing phase cannot be completed within the allotted 60 hours of total development time. Fees will be based on additional time needed and will not exceed £35 p/h.
Any development that exceeds the initial 70 billable hours included with project fee will be invoiced at a rate of £25 p/h.
PROJECT CANCELLATIONS
If a project is cancelled after having recieved the deposit then your deposit will be forfeited UNLESS you would like to postpone to a new start date within 6 months of the original start date.
If a project is delayed WITHOUT NOTICE for more than 30 days after the original start date, project will be cancelled and you forfeit the deposit entirely. Projects exceeding two extension requests (delays with notice) will be cancelled and forfeit their deposit entirely.
Project Extensions: If Client does not wish to cancel, but requires pausing development temporarily, a development extension for up to six months is available upon request with the following conditions:
All extension requests must be made within 30 days of the original project start date to avoid project cancellation. Each project is allowed up to TWO extension requests. Project extensions that are not resumed or rescheduled within six months or projects past the two allowed extensions will be cancelled entirely with forfeiture of all fees paid. If a project is cancelled for any reason above or due to lack of communication and/or participation from Client, a surcharge of £100 will be required to resume and finish development. In the event of a dispute regarding the design of the website or issues of late payment, HEWD reserves the right to withhold or withdraw all web pages and image files until such dispute is resolved.
ABUSE THROUGH CONTENT
HEWD is only responsible for the technical development of the website and the client must provide all content materials. You agree that you take full responsibility for and will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise in violation of any law.
SEARCH ENGINE RANKING
HEWD puts every effort to optimize your web site for better ranking in Search Engines by utilizing appropriate title, meta and alt tags throughout the website source code. However, HEWD does not guarantee any ranking of your web site in any search engines. The Client is responsible for providing all text content for their web pages, including what is used for the Title, Description and Keyword Meta Tags on each page. The client is also responsible for any 3rd party marketing solutions.
DELIVARY OF WEBSITE
By signing up with HEWD, the client agrees that they will clear any balance dues after the website has been delivered. If all fees are not paid within two weeks of delivery, HEWD may temporarily suspend the client's account until all fees are paid. If fees have not been paid in over 30 days, HEWD has the right to assume ownership of all graphics, source code and materials until you are able to pay your balance in full (unless other arrangements have been made). Upon delivery completed payment of website, HEWD agrees not to resell or redistribute client's website to anyone else.
CHARGES
a) HEWD reserves the right to levy extra charges if additional unexpected time is expended on the creation of the site, or loading of the site onto the Internet, due to circumstances beyond my control or due to working with material created and/or provided by a third party. Commercial Third Party add-ons to your site must be paid by the client.
b) A Hosting Fee of £120 is payable annually on the completion date of your website. The website hosting is free of charge for the first year. Failure to pay the annual hosting fee within two weeks of receiving email notification will result in the temporary suspension of you website. If after 6 weeks Clinet has not paid the hosting fee Client's website will be withdrawn permanently.
ACCEPTANCE
Where Website design or other Programming Services are supplied, Client will notify HEWD of any errors or omissions for rectification within a period of 7 days from Delivery. After 7 days from Delivery, Client is deemed to have accepted that the Delivery is provided to an acceptable level of quality and further changes are chargeable.
COMMENCEMENT
HEWD cannot always guarantee to start work on web design projects immediately. If this is the case it will be discussed with the client before any work is started. All reasonable efforts will be made to work to client time scales.
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