Terms & Conditions of ISentury LLC internet marketing
1. Permission. The mentioned customer is employing ISentury, LLC, as a freelance contractor for the website design and/or development and redesign of a website, which will be uploaded on the customer's website/URL on an Internet Service Provider (ISP). If the customer employs ISentury, LLC’s hosting & maintenance program, the customer permits ISentury, LLC to access the customer's website, and permits ISentury, LLC "complete and full access" to the customer's website account and all programs needed to provide the website design service included as part of the customer's website design service agreement and/or the hosting & maintenance package.
2. Permitted Use. A permitted use policy is a part of the terms and conditions of hosting and maintenance, and any data connected to the URL/Website name. This is necessary because of harmful email practices by a few Internet users. The permitted use policy is a component of our hosting & maintenance agreement.
3. Copyright and Trademarks. The customer guarantees that he or she owns any text, graphics, trademarks, verbiage, photos, designs, or other design or art are provided to ISentury, LLC for the website design service, or instead that the customer has complete permission from the actual owner to use these items, and that ISentury, LLC and its employees, owners, members, independent contractors, and/or subcontractors are not liable for any such infringements, claims or lawsuits arising from the use of any such items provided by the client.
4. Completion Date. ISentury, LLC will work with the customer and the customer agrees to work with ISentury, LLC to finish the website design in a timely manner. ISentury, LLC agrees to work with the cooperation of the customer, to finish the web design no later than 40 days from the start of work. If the client does not supply ISentury, LLC with all the website design content, or fails to work with the website design liaison via email and phone, ISentury, LLC retains the right to cancel or put the client’s file on hold. There are no refunds for services performed.
5. Website Design Delivery. Upon approving all final changes to the website design project, the customer will need to sign a Completion Approval letter and return the letter to ISentury, LLC. The web design service is completed after the final payment, which will be processed after receiving the signed Completion Approval letter. After the final payment is processed, the customer will be provided the designed website. The website design will be given to customer by physical media, publishing, or electronic file transfer. The client agrees that hosting and maintenance are not included as part of the website design package, and is a separate, fee-based service. Hosting and maintenance services necessitate a distinct agreement between ISentury, LLC and the customer. Unless under separate agreement with ISentury, LLC for hosting and maintenance services, the client is responsible for all hosting & maintenance and associated fees. Once delivered, the client maintains complete responsibility for the website design use and functionality.
6. Electronic Commerce Laws. The customer agrees to be completely responsible for following electronic commerce laws and any applicable taxes, and will hold harmless, protect, and defend ISentury, LLC and its employees, owners, members, independent contractors and subcontractors from any claim, suit, penalty, or tax arising from the client's use of Internet electronic commerce.
7. Payment Schedule. Payments are are required to be made without delay based on the agreed upon schedule. Any payment that is more than 15 past past due from the date of invoice will cause ISentury, LLC to put the customer's design project on hold until payment is made current. ISentury, LLC reserves the right to delete any website design from viewing on the Internet until payment is made in fulll. To avoid such an occurance, please pay on time. All website design fees are due as follows: 50% is fee due upon signing the website design agreement, and 50% is due upon signing and returning the approval letter.
8. Refunds and Cancelations. ISentury, LLC does not offer refunds; fees paid for services provided are non-refundable. A thirty (30) day notice is required should you wish to cancel any hosting services.
9. Venue. Regardless of physical locations, the client understands that for the venue purposes, the signed agreement will be entered into in Scottsdale, Arizona, US, and any dispute will be litigated or arbitrated in Scottsdale, Arizona, US.
10. Notice. ISentury, LLC does not guarantee that the website design will be uninterrupted or free of error. The entire risk of the website design quality and performance lies with the customer. In no event will ISentury, LLC be made liable to the customer or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, or any other conditions beyond our control, any loss of profits, savings or other incidental, consequential or special damages arising out of the operation of or inability to operate designed website, failure of any service provider, of any telecommunications provider, of any Internet servers, or the customer or website visitor/s' computer/s or Internet software/s.
11. Governing Law. This agreement shall be governed by, interpreted and enforced according to the laws of the State of Arizona and the Federal Laws of the United States of America applicable therein without reference to the governing choice of laws. Any action relating to this agreement is required to be brought in Maricopa County, Arizona, and the client irrevocably consents to the jurisdiction of such courts.
