Website Building Team – Terms of Service**:
•We will send you a Website Builder Questionnaire requesting the details we require to design and build your new website to your specifications. We will keep in contact with you for additional information as needed;
•We will bill your credit/debit card or you PayPal account an initial $34.95* for the first month website hosting and maintenance fee – Payment @ http://www.webteamservice.com. After you approve of the website, we will bill the same account a monthly reoccurring fee of $34.95*;
•Any changes you may request and made during the set-up process, before publishing, will be included in the original One-time Setup Fee package price;
•Once we have completed the websites first draft, based on the initial information you have provided to us, we will contact you so that you may view it and suggest any changes you may want, until you are satisfied – Once approved by you, the One-time Website Set-up Fee is due and payable. Once paid – We will then publish your website and submit it to the major search engines;
•There may be an additional charge for any changes that you may request, after you authorize the initial publication, although minor/simple changes/additions, at our discretion, may be made at no additional charge;
•Once your website is approved by you, completed and published, you will be able to make any changes you would like. We charge $20.00** per half hour or $40.00** per hour for basic changes. Additional pages are $49.99** plus the hourly rate stated herein. You can start small and add pages as your business/organization grows.
•Once a website is launched, the One-time Setup Fee is Non-refundable. A website is considered ‘launched’ when it is published and made public, regardless of the state of completeness (such as launching early for a promotional event). After we have received your completed Website Builder Questionnaire, a mandatory $79.00** setup fee will be incurred and deducted from your refund. If you view the First Draft and continue with the website design, and then later decide you want a refund, $149.00** setup & design fee will be incurred and deducted from your refund;
•If you have paid the web hosting and maintenance fee in advance and later request a refund, you will receive a refund for the unused months;
•Our staff reserves the right to refuse service to any customer that may have requests or needs that we cannot fulfill. We will issue refunds only if any service has been purchased in advance.
•Web Hosting is a monthly service fee to keep your website online. Your website contains files which are stored on a “Web Server”. The monthly Web Hosting fee covers the Web Server costs and our continuing maintenance;
•Web Hosting begins at the start of the website design process. A customers website files will be stored on this hosting account while the Website is “In Progress” and “After Publication”.
•Web Site hosting is a mandatory part of creating a website;
•If we obtain a domain name for you, one that you have approved of, as part of our service, we own your domain name as long as you use our hosting service. Ownership may be transferred to you, if we mutually agree that you will no longer use our hosting service. The domain name may be transferred to your ownership upon your payment to us for a one-time fee of $200.00** covers the time consuming process of implementing a transfer and charges from the hosting provider. After the transfer is completed, you will be responsible for the costs of the annual domain registration fee and monthly hosting charge from the website hosting company.
Client will indemnify and hold E-Com Sales, LLC, dba Website Building Team, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the website and software obtained from E-Com Sales, LLC, dba Website Building Team.
DISCLAIMERS AND LIMITATION OF LIABILITY:
You acknowledge and agree that E-Com Sales, LLC, dba Website Building Team shall not be responsible under any circumstance for any loss or corruption of data and/or software. You agree to release and hold harmless E-Com Sales, LLC, dba Website Building Team from and against any loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, loss of business, opportunity, expense, costs, profits, lost savings or earnings or liability that you, the owner, or lessee may suffer arising out of, or related to, and in connection with the use of the Website and/or the services provided by E-Com Sales, LLC, dba Website Building Team. This includes but is not limited to data loss or lack of function in any component or element of your website or software as a result of E-Com Sales, LLC’s, dba Website Building Team actions or the actions of its agents, partners and/or third-party service providers.
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
E-Com Sales, LLC, dba Website Building Team makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
In no event will E-Com Sales, LLC, dba Website Building Team be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if E-Com Sales, LLC, dba Website Building Team has been advised of the possibility of such damages. E-Com Sales, LLC, dba Website Building Team has no liability for loss of or damage to data or software applications while performing service, designing and troubleshooting the website.
Notwithstanding any other term or provision of this agreement, E-Com Sales, LLC’s, dba Website Building Team liability to you or your business for any cause whatsoever, whether arising under this agreement or otherwise, shall be limited to the amount paid by you to E-Com Sales, LLC, dba Website Building Team under this agreement within the one year preceding the event (or last in a series of events) which gave rise to the claim. Direct damages subject to this limit shall be your sole and exclusive remedy. All claims for damages must be asserted within one year of the event (or last in a series of events) to which they relate or be forever barred.
Without limiting the foregoing, E-Com Sales, LLC, dba Website Building Team shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, weather for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.
E-Com Sales, LLC, dba Website Building Team will not be responsible for any damages your business may suffer arising from or relating to your use of the website or any goods or services provided by E-Com Sales, LLC, dba Website Building Team or obtained in any manner through or in connection with the website. E-Com Sales, LLC, dba Website Building Team makes no warranties of any kind, expressed or implied for services we provide. E-Com Sales, LLC, dba Website Building Team disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, E-Com Sales, LLC, dba Website Building Team shall not be liable for loss of data resulting from delays, non-delivery, wrong delivery, or any and all service interruptions caused by E-Com Sales, LLC, dba Website Building Team or its employees.
E-Com Sales, LLC, dba Website Building Team will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.
LINKS TO THIRD PARTY WEBSITES:
E-Com Sales, LLC, dba Website Building Team may include links or connections to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content, availability or functionality of any such websites.
THIRD PARTY SERVICES, VENDORS AND/OR SOFTWARE:
E-Com Sales, LLC, dba Website Building Team may use third party vendors software which may have separate terms of service agreements. E-Com Sales, LLC, dba Website Building Team cannot be held liable for disputes with third party vendors, regardless of whether or not the service is part of a reseller agreement. E-Com Sales, LLC, dba Website Building Team cannot be held responsible for lack of functionality or any other aspect of third party services or software.
E-Com Sales, LLC, dba Website Building Team can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client’s Website, although E-Com Sales, LLC, dba Website Building Team will do all they can to ensure that Website downtime is kept to a minimum.
E-Com Sales, LLC, dba Website Building Team provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
There is no guarantee that: web site backups will be successful every or any time, that we will retain a copy of any and/or all backups or that those backups will be usable for future use. E-Com Sales, LLC, dba Website Building Team is not liable nor responsible, in any fashion, for any damage or loss of any files, information or any server data during or resulting from these backups. Should any damage occur, E-Com Sales, LLC, dba Website Building Team will act in good faith and make a valiant effort to resolve the issue, however, there are no set guarantees.
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State if Washington and the Federal Laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Snohomish County, Washington and you irrevocably consent to the jurisdiction of such courts.
*Subject to change with 30 days notice. / **Subject to change without notice.
E-Com Sales, LLC, dba Website Building Team reserves the right to change these Terms of Service, without notice, at any time E-Com Sales, LLC, dba Website Building Team deems necessary.
*Subject to change with 30 days notice. / **Subject to change without notice.
See Frequently Asked Questions page for more information.
The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to customize the content and/or layout of our page for individual consumer and used by us to contact consumers for marketing purposes.
You understand and agree that the owners of this site shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use or the inability to use the product(s) and or service(s) or any misuse of the product(s) and or service(s) in a manner not in accordance with their intended use.