Overview of Terms
- WebDesignsByTerri.com reserves the right to change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
- WebDesignsByTerri.com has no control over the policies of Facebook, Twitter, YouTube, LinkedIn and all other social media channels being utilized for campaigns. WebDesignsByTerri.com has no say with respect to the type of content that social media channels accept now or in the future.
- You acknowledge that WebDesignsByTerri.com makes no warranty that the 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 guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to WebDesignsByTerri.com for inclusion in any campaigns 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 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 thatWebDesignsByTerri.com will continue working 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 byWebDesignsByTerri.com 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 WebDesignsByTerri.com 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 WebDesignsByTerri.com , 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 as elected by WebDesignsByTerri.com
- Nothing in this agreement is intended to limit or exclude any liability on the part of WebDesignsByTerri.com where and to the extent that applicable law prohibits such exclusion or limitation.
- We reserve the right to reject or discontinue the social media 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 on the social site(s) that you selected during registration.
- Subscription Services are automatically billed via PayPal on a Monthly basis and are non-refundable. This means that there will be no refunds for partial months of service.
Modifications to the services and prices
- WebDesignsByTerri.com 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 upon 30 days notice from WebDesignsByTerri.com. Such notice may be provided at any time by posting the changes on this website. WebDesignsByTerri.com shall 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 account, 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 WebDesignsByTerri.com 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). You also acknowledge that the purpose of the Social Media Campaign Services is to access the services of Third Party Service Providers, and that as a result you are agreeing to grant to us any and all other rights you grant to applicable Third Party Service Providers.
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. WEBDESIGNSBYTERRI.COM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. WEBDESIGNSBYTERRI.COM DOES 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, WEBDESIGNSBYTERRI.COM DISCLAIMS 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. WEBDESIGNSBYTERRI.COM DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL 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 and is only available during standard business operating hours, currently Monday, Tuesday, Wednesday, Thursday, Friday 9am to 5pm PST.
- You understand that WebDesignsByTerri.com uses third party vendors and developers to provide the necessary hardware, software, networking, storage, and related technology required to run the Social Media Services and/or 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.
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 the website from third-party modifications is outside of the support time and scope of the on-going website care.
The failure of WebDesignsByTerri.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WebDesignsByTerri.com and governs your use of the Services, superseding any prior agreements between us (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to our ability to amend these Terms of Service, they cannot be changed.
If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
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.