Please read these Terms of Service (“Terms”, “Services”) carefully before using webdesignsbyterri.com (the “Website”) as these Terms contain important information regarding limitations of our liability.
Overview of Terms
- WebDesignsByTerri.com (“Us,” “We,” “Our”) reserves the right to change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
- We have no control over the policies of Facebook, Twitter, YouTube, LinkedIn and all other social media channels that may be utilized for campaigns. We have no say with respect to the type of content that social media channels accept now or in the future.
- You acknowledge that we make no warranty that a Social Media Campaign (if provided) will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
- You acknowledge that we make no warranty that a Search Engine Optimization (SEO) will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
- You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Us for inclusion in any campaigns and/or web design and development are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.
- Minimum term of any Web Maintenance Package is one month.
- Cancellation of any ongoing Website Maintenance subscription plan can be done simply by logging into your PayPal account and canceling your subscription.
- If you do not cancel your Web Maintenance plan, you agree that We will continue to maintain your website and payments will continue to be made.
- There are no refunds available on services provided.
- No liability whatsoever (except as provided by law) will be accepted by Us for any damages or losses arising from or as a consequence of the provision of the Services or any other act or default on the part of Web Designer or of any servant, agent or contractor of WebDesignsByTerri.com in relation to this agreement and the Services unless the same occurs because of the negligence of Web Designer, its servants, agents or contractors in which case liability is limited to resupplying the Services again, or a refund of the fees paid by you in the previous 1 month of your maintenance subscription.
- We reserve the right to reject or discontinue Services where we are unable to provide the services due to technical, ethical, legal, or other matters. Where applicable, we will refund your money for any services not yet rendered.
- Website Maintenance Subscription Services are automatically billed via PayPal and are non-refundable. This means that there will be no refunds for partial months of service.
Modifications to the services and prices
- We may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service. We may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you generally without prior notice. However, we will make every attempt to notify you in advance so that you can cancel your subscription and make other arrangements for web maintenance and/or social media campaigns.
- Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change at any time by posting the changes on this website. We will not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.
Cancellation and termination
If you choose to cancel your Website Maintenance subscription, you are solely responsible for doing so properly. The current account cancellation procedure is as follows:
To cancel your subscription or recurring payment via PayPal:
- Log in to your PayPal account.
- Click the ‘Settings’ icon at the top of the page.
- Under ‘Payment settings’, click Pre-approved payments..
- Use the filter to select the seller whose agreement you want to cancel and click Cancel.
- Click Cancel Profile to confirm your request.
Your cancellation will take effect immediately.
We reserve the right to refuse to provide the Services to anyone for any reason at any time.
These provisions shall survive the termination of these Terms of Service.
Ownership and licenses
We claim no intellectual property rights over the Content we create for your Website. However, by making that Content available to others through our Services, or posting it on your Website and/or Social Sites, you grant Us a worldwide, non-exclusive, royalty-free, fully paid up license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through any or all media or distribution methods (whether now known or hereafter developed).
By posting any public media using our Service, you agree that you are following the relevant terms and conditions of the Third Party Service Provider you are linking to.
Disclaimer and limitation of liability
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT WEBDESIGNSBY.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.
- Technical support is only provided to paying account holders.
- You understand that We use third party vendors and developers to provide the necessary hardware, software, storage, and related technology required to run any WordPress Plugins/Programs.
- You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- No Spec Work. Think of it this way: Would you ask an auto manufacturer to design and build a custom new car to your specifications so that you can take it for a test drive to see if you want it?
Third Party or Client Page Modification:
- You acknowledge that you and/or your staff have access to independently edit or update web pages within WordPress platform.
- You also acknowledge that anyone other than [Web Designer] or its subcontractors who attempt to update the website and damages the design or impairs the ability for the web pages to display or function properly, may result in time to repair the web pages in order to restore the website. In this event, damages will be assessed at the current hourly rate with a one-hour minimum. Work to repair/restore the website from third-party modifications is outside of the support time and scope of the on-going website care.
Subject to our ability to amend these Terms of Service, they cannot be changed.
You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall ensure to the benefit of and be binding upon you and WebDesignsByTerri.com and their respective successors (including any successor by reason of amalgamation) and assigns.
You agree that if you sue us and do not obtain judgment in your favor, you will pay all of our costs, including reasonable fees for in-house and outside legal counsel.
These Terms of Service are governed by the State of California, notwithstanding your domicile, residency or physical location.