Terms and Conditions

By purchasing services or products you agree to the below terms and conditions.

Third Party or Client Page Modification:
Some Clients will desire to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. The Client understands that doing so may result in errors in content, web site appearance, and/or other such issues affecting presentation and viewing of the web site. The Client agrees not to hold the Developer responsible for such issues and understands that any fixes as a result of the above mentioned modification will result in additional charges.

Copyrights and Trademarks:
The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Client's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Limited Liability:
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming , advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material or use of those materials. It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another.

Indemnification:
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Developer's development of the Client's web site. This includes Liabilities asserted against the Developer, its subcontractors, its agents, its clients, 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 the Client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

Client Amends:
We encourage input from the Client during the design process. The Developer understands, however, that Clients may request significant design changes to pages that have already built to the Client's specification. To that end, please note that our agreement does not include a provision for "significant page modification" or creation of additional pages in excess of what the Developer deems reasonable. If significant page modification is requested after a page has been built to the Client's specification, it will be billed at the standard rate of $30.00 per hour in addition to the project estimate.

Some examples of significant page modification at the request of the Client include:

Developing a new structure to accommodate a substantial redesign at the Client's request. Recreating or significantly modifying the company logo graphic at the Client's request. Replacing more than 75% of the content to any given page at the Client's request. Creating a new navigation structure or changing the link graphics at the Client's request. Significantly reconfiguring the Client's shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client.

Third Party or Client Page Modification:
Some Clients will desire to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. The Client understands that doing so may result in errors in content, web site appearance, and/or other such issues affecting presentation and viewing of the web site. The Client agrees not to hold the Developer responsible for such issues and understands that any fixes as a result of the above mentioned modification will result in additional charges.

Design Credit:
Client agrees that the Developer may put a byline on the bottom of their index, main, or other major web pages establishing design and development credit as well as a link to the Developer's web site. Client also agrees that the web site created for the Client may be included in the Developer's portfolio.

Shopping Cart:
We highly recommend our Advanced Shopping Cart system with the monthly fee shown here: http://www.websiteaz.com/creditcards.htm This is a vastly superior shopping cart compared to our Basic Shopping Cart which does not have a monthly fee. We do not recommend the Basic Shopping Cart because of it's limited functionality and payment and shipping limitations. We continue to offer it only by popular demand. By purchasing the Basic Shopping Cart you agree that the entire cost is non-refundable and acknowledge that no customizations to the Basic Shopping Cart will be made except for the header image and colors. No feature changes, layout changes, functionality changes, variable changes, or other customizations can be made to the Basic Shopping Cart and any problems must be corrected by upgrading to the Advanced Shopping Cart. You agree to pay an additional $229 upgrade fee and the appropriate monthly charges. No refund for the Basic Shopping Cart will be issued.

DISCLAIMER OF WARRANTY: a) COMPANY'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. DUE TO THE NATURE OF ON LINE NETWORKS AND THE INTERNET, THE COMPANY GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME, DUE TO DISRUPTION OF SERVICE BY THE COMPANY OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Web Site AZ. Furthermore, Web Site AZ will be the sole arbiter in any dispute over violations of this provision.

Examples of unacceptable content or links:

Pirated software
Hacking/Hacker programs or archives
Warez sites
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Web Site AZ Central server or using/spoofing an email address or domain that is maintained on a Web Site AZ Central local server as reference is prohibited. Any submission of SPAM constitutes a $500 clean-up fee to be billed directly to the customer. If this clean-up fee is not paid, Web Site AZ Central reserves all rights to initialize a legal action against the customer, in both civil and criminal arenas.

Misuse of System Resources:
Any attempt to undermine or cause harm to a server, or customer, of Web Site AZ is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. Operation of IRC servers or IRC bots on our servers will result in an immediate suspension of service.

Cancellation:
Cancellation can be made via our contact form. 5 days notice is required, all fees paid for service up to the end of the current billing period are non-refundable. For design work a rate of $30-$50 per hour depending on the task will be applied and all remaining funds will be refunded except the 50% non-refundable deposit.

Financial Arrangements:
1. Client agrees to a minimum three (3) month hosting contract if applicable beginning upon receipt of client's order.

2. If your account becomes overdue (7 days time, proceeding invoice creation), and no cancellation request has been submitted from the client, your credit card will automatically be billed for the length of your selected contract term.

3. Excessive Disk space usage, or excessive bandwidth usage, will be charged to the client's account at the rates below:
Excessive Diskspace: $.20 per 1 MB overage
Excessive Bandwidth: $2.00 per 1 GB overage

4. A one-time $500 clean-up fee applies to the submission of SPAM on, or spoofing, any server. This amount is non-negotiable and we reserve the right to press charges and file a small claims lawsuit against the customer, regarding any unsolicited commercial email issues.

Charges for excessive use will be debited automatically, and the client will be notified accordingly.

Suspension:
Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion. Customers who are unreasonably difficult to work with or require an unusual amount of changes as determined by Web Site AZ will be subject to an additional fee of $30.00- $95.00 per hour in addition to any quoted price. By purchasing products or services, Customers agree to these terms.

Failure to follow any term or condition will be grounds for immediate account deactivation. Web Site AZ will not refund any customer who violates our terms of service.

PRIMARY CONTACT. Client will designate one or more individuals and provide current contact information to which all communications concerning this Agreement or the Services provided hereunder may be addressed. It is imperative that the individual working with the Company be responsible for the approval of the web site or is authorized by the individual who is responsible for the approval of the web site throughout the entire process. We require that the individual responsible for the approval of the website review all demos and changes in the progression of the site in a timely manner. If we are guided by another representative of the Client these changes and design requests will be considered as authorized by the Client. When the site is then presented to the individual responsible for the approval of the web site, any major changes that result from that individual not being involved in the initial process such as a new requested design, significant navigation changes, significant image changes, significant functionality changes, or significant text changes (“Significant Changes”) will be treated as an additional project or a change in scope of services of the existing project and billed at an hourly rate of $30.00-$95.00 per hour. Minor changes such as text or image link changes, content revisions, stock photography changes or other minor revisions are not considered an additional project or a change in scope of services. All requests for any associated print materials will be treated as an additional project.

CLIENT SUPPLIED CONTENT AND FUNCTIONALITY. Client will provide all content relevant to client’s business for use on the website in a timely manner and recognizes that any delays in receiving content by the Company will delay the project. Client will provide all desired functionality of the website prior to project commencement and recognizes that additional requested functionality will delay the project and may result in additional costs.

CONTENT, GRAPHICS AND IMAGES FORMAT. Any graphics to be created for any printed items will need to be quoted additionally and the client is required to notify Web Site AZ prior to design creation if such printed items are a possibility in the future. This includes business cards, brochures, signs, etc. All images (such as product photos, images of your company location, etc) must be provided electronically (e-mail, cd, etc) by the client or selected by client or Mission ECommerce from a stock photography provider and if any additional cost for stock photography use will be paid by the client. If a client does not agree with photo selections provided by Mission ECommerce, client must provide the photos in electronic format. All submission of text must be delivered via email in Microsoft word or excel format. No printed form will be accepted.

COMPLIANCE WITH LAWS AND REGULATIONS. The Client agrees that it shall perform the Services as well as all of its other obligations under this Agreement in compliance with all applicable federal, state and local laws, regulations, ordinances and codes.

SITE UPDATES AND CONTENT MANAGEMENT. The Client may update their own site or have a third party update their site either with a software application or a Content Management System provided by the Company. The Client assumes responsibility for backing up their changes in the event that updates made by the Client are lost. This may occur when the Client requests the Company to make updates after the Client has effected their own updates. The Client will not hold the Company responsible for any lost changes and will remake the lost changes on top of the Companies changes.

SERVICE FEES. Client shall pay the Company a fee in the amount agreed to in the Web Services Proposal ("Fees"). At any time of the term of this agreement, if the parties hereunder mutually agree to modify the Scope of Services at any time throughout the Term of this Agreement, or the Client requests Significant Changes there will be an appropriate modification to the Fees.

PAYMENT The Fees shall be paid by Client to the Company in two installments as per the following payment schedule. Fifty percent (50%) non-refundable deposit. Fifty percent (50%) within 30 days.

LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY, OR ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, POTENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) EVEN IF A PARTLY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN AN AMOUNT GREATER THAN THE AMOUNTS ACTUALLY PAID BY THE CLIENT TO THE COMPANY HEREUNDER. 9. INDEMNIFICATION

MUTUAL INDEMNIFICATION. Each party shall indemnify and hold the other, its assignees, agents, officers and employees harmless from and against any damages to real or tangible personal property and/or bodily injury to persons, including death, to the extent such damages result from its or its employees' or agents' gross negligence or willful misconduct.

PUBLICITY. During the Term, the Company will: (a) identify Client as a customer; or showcase client (b) hyperlink from the Company's web site to Client's designated web page and vice-versa; and (c) display a Client logo on the The Company’s web site and vice-versa.

TERM; INITIAL TERM; RENEWALS. This Agreement shall become effective as of the Effective Date and remain in full force and effect through the life of the website, unless earlier terminated in accordance with this Agreement. Upon the expiration of such initial term, this Agreement may be renewed upon mutual agreement. The initial term, together with any renewal period, is collectively referred to as the "Term."

PROJECT LIMITATIONS AND DELAYS All design aspects will be given a maximum limit on hours to be determined by Web Site AZ as to what is reasonable. Any excessive delays such as an extensive number of designs or re-designs, or changes will be quoted separately.

Project delays caused by the client in excess of 3 days will result in final payment becoming immediately due.

PROGRAMMING SOLUTIONS. Unless explicitly stated in the proposal Web Site AZ will make decisions regarding what solutions will be provided including operating system, programming language, database type, outsourced or pre-made program, etc. For example, if Web Site AZ is requested to provide a site voting poll, the solution will be chosen by Web Site AZ. If the client does not like the solution or appearance of the solution an additional cost will need to be quoted separately.

PROPOSAL AND DOCUMENTS. All aspects of the project must be described in detail in the proposal. Any documents outside the proposal including email, files, printed materials, or verbal discussions will not be considered part of the project and will need to be quoted separately. Specific features required must be stated and included in the proposal or will be quoted separately.

LATE FEES. If the client does not supply complete text and graphics content, all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.

ELECTRONIC SIGNATURES EFFECTIVE. (a) The proposal is an electronic contract that sets out the legally binding terms of your contract with the Company. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in the Agreement by sending the deposit to Web Site AZ. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. You also consent to have the Agreement provided to you in electronic form.