WILLETTS Terms & Conditions
GENERAL TERMS OF SERVICE
WHEREAS, WILLETTS Systems, Inc (WILLETTS) is an information provider connected to the Internet WILLETTS offers website design, website programming, storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize WILLETTS services for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, WILLETTS can make no guarantee that any given reader shall be able to access WILLETTS server at any given time.
WILLETTS represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service.
2. Customer agrees that all charges and fees associated with an account are their sole responsibility.
3. There is a per-plan one time setup fee of $50 for all monthly hosting packages.
4. The monthly service will automatically renew at the beginning of each month until canceled in writing.
5. Violations of WILLETTS's Terms of Service, Acceptable Use Policy, or Email Service Policy may, at WILLETTS's discretion, result in immediate and permanent disablement without refund.
6. Disputed charges ("chargebacks") associated with any WILLETTS account may, at WILLETTS's discretion, result in immediate and permanent disablement.
7. Customer agrees that payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with WILLETTS mid-way through the term.
8. Any hands-on labor necessitated by the customer shall be performed by WILLETTS and shall incur an additional labor fee at the standard hourly rate.
1. WILLETTS shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or WILLETTS's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
1. WILLETTS reserves the right to police its network to verify compliance with all agreed upon Terms.
2. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
3. WILLETTS reserves the right to disconnect any website or server deemed to present a security threat to WILLETTS's customers, servers, or network.
4. WILLETTS makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. WILLETTS also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of WILLETTS is at the Customer's own risk, and WILLETTS specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. WILLETTS expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
5. WILLETTS may take any steps it deems necessary at any time to protect the security of the server (this generally includes applying security patches as well upgrading the entire operating system).
6. Client acknowledges that WILLETTS is not responsible for backing up Client's website and data. Client should seek appropriate backup solutions.
7. Client herby gives permission to WILLETTS to use samples or links to Client's custom website designed by WILLETTS for marketing and advertising purposes, including but not limited to, use in WILLETTS's online portfolio.
TRADEMARKS & COPYRIGHTS
1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer's account.
HARDWARE, EQUIPMENT, & SOFTWARE
1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access WILLETTS.
2. WILLETTS makes no representations, warranties or assurances that the Customer's equipment will be compatible with the WILLETTS service.
1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
1. This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. WILLETTS will accept termination by electronic mail. Notwithstanding the above, WILLETTS may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. WILLETTS reserves the right to charge a reinstatement fee.
1. Customer expressly agrees that use of WILLETTS's Server is at Customer's sole risk. Neither WILLETTS, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that WILLETTS's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the WILLETTS Server service, unless otherwise expressly stated in this contract.
2. Under no circumstances, including negligence, shall WILLETTS, its officers, agents or any one else involved in creating, producing or distributing WILLETTS's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the WILLETTS Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to WILLETTS's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on WILLETTS's Server service.
3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
1. Customer agrees that it shall defend, indemnify, save and hold WILLETTS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against WILLETTS, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WILLETTS against Liabilities arising out of
1. any injury to person or property caused by any products sold or otherwise distributed in connection with WILLETTS's Server;
2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement;
4. any defective product which Customer sold on WILLETTS Server.
Customer agrees to abide by the terms set forth in this document as well as other WILLETTS policy documents including, but not limited to:
1. Email Service Policy
2. Domain Name Registration Policy
3. Website Development Policy
4. Acceptable Use Policy
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.
Customer may not transfer this contract without the written consent of WILLETTS.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
EMAIL SERVICE POLICY
Based on the hosting package purchased, email accounts are also provided. Email accounts may be set up and used immediately upon Client's purchase of website. Client does not need to wait until website is live to use email accounts.
Email account backup is not included in any package. Email account backup is an additional service. Contact email@example.com for more information.
Sending SPAM email is strictly forbidden.
Sending BULK email is strictly forbidden. Customers may not send email of similar content to more than 250 recipients. To send BULK email we recommend a 3rd party service like Constant Contact or Mailchimp.
To begin using email accounts Client should contact Technical Support at support@WILLETTS.com.
WILLETTS reserves the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming.
DOMAIN NAME REGISTRATION POLICY
Client agrees to pay WILLETTS for domain names purchased and/or renewed by WILLETTS on Client's behalf.
Domain names purchased by WILLETTS on Client's behalf are the property of WILLETTS until Client has paid all fees.
If Client ceases to pay monthly hosting or other fees due ownership of any domain names purchased by WILLETTS on Client's behalf or controlled by WILLETTS are transferred to WILLETTS. WILLETTS may allow domain name to expire, may renew domain name and remain the owner, or WILLETTS may sell the domain name at its sole discretion and for WILLETTS's sole benefit.
We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.
It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration is set to expire.
You are subject to all terms and conditions of the domain name registrar through which WILLETTS has registered or renewed your domain name.
WEBSITE DEVELOPMENT POLICY
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using WILLETTS's services, including but not limited to, submission of content to WILLETTS's design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions.
WILLETTS provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at http://www.WILLETTS.com/terms. Failure to comply with the TOS may result in account termination. By using WILLETTS's services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client's account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and WILLETTS is instructed to commence work on the Client's website as if Client had expressly accepted the TOS.
Client's acceptance of the TOS is binding upon all WILLETTS services including the purchase of additional services or additional websites or accounts at a later date.
Description of Service
WILLETTS designs and develops websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, email accounts and additional website-related services. Client understands that WILLETTS's services may include certain communications from WILLETTS such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to WILLETTS's services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access WILLETTS's services.
Electronic Delivery Policy
WILLETTS is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from WILLETTS any notices, agreements, disclosures, or other communications (Notices). Client agrees that WILLETTS may send electronic Notices in either of the following ways 1) To the email address provided to WILLETTS at the time of sale or 2) to the new email address account Client set up through WILLETTS. Client agrees to check the designated email addresses regularly for Notices. Notice from WILLETTS is effective when sent by WILLETTS, regardless of whether the Notice is read or received by Client.
Call Monitoring and Recording Privacy Statement
As part of WILLETTS's commitment to providing the best possible service WILLETTS may monitor and record phone calls answered by WILLETTS and made by WILLETTS. WILLETTS may also archive recorded voice mail messages. WILLETTS records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows WILLETTS to identify how WILLETTS can better serve its customers.
Intellectual Property Policy
WILLETTS respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. WILLETTS may terminate accounts for copyright or trademark infringement, or for any other reason WILLETTS deems appropriate as it may relate to Client's use of another's intellectual property. If you believe your work has been copied and is accessible on an WILLETTS's website contact us at support@WILLETTS.com.
WILLETTS will not use copyrighted or trademarked materials on any Client's website without the express written consent of the copyright or trademark owner. It is Client's responsibility to ensure that all content submitted to WILLETTS is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client's website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client's website. (See Unacceptable Practices).
Client content that is sent to WILLETTS will remain the intellectual property of the Client. WILLETTS does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. WILLETTS will attempt to honor requests to return original content; however, WILLETTS has no liability and does not guarantee the return of any content to Client.
Website Construction Procedure
With help and input from the Client, WILLETTS will develop the website. Before work may begin on a website, the Client must accept these Terms of Service. Client may submit content to WILLETTS through WILLETTS's online Web Center.
In submitting content, links to sample sites the Client likes are for general information purposes only and assist WILLETTS with the design of the Client's custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in WILLETTS's invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
WILLETTS will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
Client understands, agrees and acknowledges that WILLETTS does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client's project(s), availability of WILLETTS personnel, accounting status of Client's account, etc.
If Client does not respond to WILLETTS communications and, as a result, WILLETTS is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client's website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
Client is responsible for testing the functionality of the website upon WILLETTS's request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc.
Client website may be posted live as soon as the website design is completed by WILLETTS. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed.
The Client understands and agrees that if the Client does not respond within 5 business days to WILLETTS's request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to WILLETTS's notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information "as-is" or "under construction".
In the event that WILLETTS completes all of the work per the original sale and database write ups, WILLETTS reserves the right to move the site live and deem the work to be completed without Client's permission if Client will not give approval of the work.
Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
Website Change Requests Before and After Website Goes Live
WILLETTS agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at WILLETTS's standard hourly rate. WILLETTS is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If WILLETTS does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
WILLETTS does not guarantee a time frame for completion of ANY custom database or custom programming completed by WILLETTS or an WILLETTS Partner. If database is completed by WILLETTS A custom "Database Specifications Summary" may be presented to the Client. WILLETTS agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and WILLETTS may proceed with development of the custom database as outlined. A Database Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.
If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at WILLETTS's standard hourly rate. There is no guarantee that changes made by WILLETTS to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client's requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.
Client is responsible for testing the functionality of the website upon WILLETTS's request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
WILLETTS will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests WILLETTS to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at WILLETTS's standard data entry rates.
Client will be provided with instructions to input products into the store. If Client requests WILLETTS to enter products into the store on Client's behalf, the Client will be charged, and agrees to pay, for each product added to the store at WILLETTS's standard product-entry rates. Client is required to submit store content to WILLETTS via WILLETTS's content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at WILLETTS's standard hourly rate for requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon WILLETTS's request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. WILLETTS is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
Enhancements to Website
Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Client's requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.
Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and WILLETTS will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
WILLETTS's technical support department should be contacted at support@WILLETTS.com for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. WILLETTS provides technical support for email and down time issues that are caused by WILLETTS. After the website is live, WILLETTS is not responsible for changes to 3rd party software (eg web browsers, wordpress, etc) that effect the look and feel of the website. Tech support is available at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at WILLETTS's hourly rate and that WILLETTS may charge Client's account for such technical support fees.
If Client uses WILLETTS's technical support services, including but not limited to screen share sessions, Client acknowledges and understands that WILLETTS does not warranty that technical support services will meet Client's requirements or be error free.
WILLETTS strives to offer the best service available. Customer service complaints or concerns should be emailed to support@WILLETTS.com
Server Security Practices
WILLETTS utilizes security practices that comply with standards set by the Payment Card Industry (PCI) in maintaining its servers. WILLETTS will not modify its shared-hosting server settings and configurations to Client's individual preferences. WILLETTS routinely scans its servers to ensure compliance with good security practices. Unauthorized security scanning and penetration testing of shared-hosting servers by the Client is strictly prohibited.
WILLETTS at its sole discretion may allow or perform server administration and or customization to client accounts that are hosted on a virtual private server (VPS) or a private server. Such server customization and administration is subject to WILLETTS standard hourly rates and Client agrees to pay for any and all such customizations requested.
If Client uses its website to collect, store, display, process or otherwise use sensitive or confidential information including but not limited to credit card information, social security numbers, credit or financial information, medical or health care related records, insurance records, sales records, personal information, etc, then WILLETTS at its sole discretion may require Client to utilize certain services to improve the security of Client's website. Such services may include security certificates, hosting Client's site on a Virtual Private Server (VPS) or on a private server, and using programming that encrypts the sensitive or confidential information used by Client's website. Client understands and acknowledges that there may be costs associated with these services and agrees to pay for said services if use by Client. WILLETTS reserves the right to terminate Client accounts that refuse to meet WILLETTS's security requirements for Client's website.
Design Time/Service Contract
Client may wish to make changes or updates to the live website that WILLETTS is hosting. Most changes can be made using WILLETTS's online editors. The online editors may not be available for all websites, or all pages of a website. Availability of the online editors is dependent upon the functionality and specifications required for the Client's website. If Client desires for WILLETTS to make changes to website, design time may be purchased at an hourly rate.
WILLETTS is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by WILLETTS to repair changes made by Client will be billed to Client at WILLETTS's standard hourly rate or WILLETTS may utilize design time that has been purchased by the Client.
Flash updates and PHP updates are considered enhancements or additional services purchased, and are not design updates to the website. The appropriate fee will be charged for the purchase of each enhancement. Design Service Contract time may not be used for Flash updates or PHP updates purchased by the Client.
Contact WILLETTS Web Design
Client may contact WILLETTS at 877-287-7500 M-F from 9:00-5:00 EST. Client may visit our website at www.WILLETTS.com at any time.
Acceptable Use Policy
PROHIBITED CONTENT AND ACTIVITIES
Customer may only use WILLETTS's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on WILLETTS's Server. Also, using WILLETTS's servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of WILLETTS's computer systems or network to access any system, service, or network without the owner's consent is expressly forbidden.
Any activity which causes service interruptions to either WILLETTS's network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they're prohibited on WILLETTS's network and servers.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use WILLETTS's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at WILLETTS. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Personal Information Harvesting
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
Usage of the WILLETTS network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.
Any conduct that is likely to result in retaliation against WILLETTS's network or website, or WILLETTS's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).