This Terms of Service governs your purchase and use of all services offered by Haunted Mesa Web Design as may be further described in the Website Design Proposal and Services Agreement or any Work Order. This Terms of Services applies to you and your employees, agents, contractors, or other users who obtain services from Haunted Mesa Web Design.
Prices quoted in the Letter of Agreement/Proposal are valid for thirty (30)days after the date issued. If work on the website has not started within 30 days, the pricing is no longer valid and may be quoted again.
Payments are accepted via check or by credit card.
Haunted Mesa Web Design has the right to charge the Client for Non Sufficient Funds Fees if your payment method is check and it was returned by the bank due insufficient funds. The fees represent the relevant administrative fees imposed by the bank, as well as, any subsequent fees incurred by Haunted Mesa Web Design.
REFUNDS AND DISPUTES
Except where expressly provided in this Agreement, all payments to Haunted Mesa Design are nonrefundable. You must report any overcharges or billing disputes to Haunted Mesa Web Design within forty-five (45) days of the time on which you became aware, or should have become aware, of the existence of the overcharge or dispute.
Termination of services at the request of the Client must be made in writing. At the time of cancellation, any monies paid are non-refundable and any monies due are fully collectable by Haunted Mesa Web Design.
Termination of services for hosting and/or maintenance at the request of Haunted Mesa Web Design must be made in writing at least 30 days in advance of termination.
INTERRUPTION OR DELAY OF SERVICE
Haunted Mesa Web Design is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, mechanical, electronic, communications, or third-party supplier failure). Haunted Mesa Web Design cannot guarantee that (a) access to the Services will be uninterrupted or error-free, (b) defects will be corrected, or (c) the Services will be secure if outside of Haunted Mesa Design’s reasonable control.
Except as set expressly provided in this Agreement, Haunted Mesa Web Design is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, or third-party supplier failure).
Haunted Mesa Design makes no guarantees about retaining any data stored on Haunted Mesa Design’s systems or servers following expiration or termination of this Agreement. Haunted Mesa Web Design will typically delete such data seven days following termination of subscription by either the Client or Haunted Mesa Design. You will not have access to the Client’s data stored on Haunted Mesa Web Design’s systems or servers during a suspension or following a termination.
COPYRIGHT AND LIABILITY
Clients must represent and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Haunted Mesa Web Design for inclusion in their website 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 Haunted Mesa Design from any claim or suit arising from the use of such elements furnished by the Client.
USE OF NAME
Client gives Haunted Mesa Web Design the right to use Client’s name in advertising, publicity and other promotional endeavors.
LIMITATION OF LIABILITY
Except for a party’s indemnification obligations under this agreement, neither party will be liable to the other party or any user or any third party for any loss of profits or revenues or cost of replacements services (whether direct or indirect) nor any indirect, incidental, consequential, punitive, or special damages of any kind arising from the use of the services, even if such parties have been advised of the possibility of such damages.
Except for Haunted Mesa Web Design’s indemnification obligations under this agreement, Haunted Mesa Web Design’s liability to the Client for any reason and upon any cause of action is limited to the amount you paid to Haunted Mesa Web Design during one (1) month immediately preceding the date on which the claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty negligence, strict liability, misrepresentations, or other torts. The fees for the services set by Haunted Mesa Design under agreement have been and will continue to be based on this allocation of risk.
The 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 Haunted Mesa Web Design’s development of the client’s website. This includes liabilities asserted against Haunted Mesa Web Design, its subcontractors, agents, 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 or employees.
The Client and Haunted Mesa Web Design are independent contractors and the Letter of Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency.
Haunted Mesa Design does not guarantee the success or sales of websites or blogs. The Client is responsible for sale of products and/or services on their website or blog and Haunted Mesa Web Design is not liable or responsible for the success of any given website or blog.
Haunted Mesa Web Design may modify any of the terms and conditions contained in this Terms of Service at its sole discretion at any time. If the Client does not agree to the terms of any modification, the Client may terminate the Agreement without any further liability by providing written notice to Haunted Mesa Design within 30 days of the posting of any modifications by Haunted Mesa Web Design.