- Your Warren Ohio Website Design Specialists

Commercial Website Design, Linux Server Management, PHP Development, E-Commerce & Integrations

330-856-1965
 - Your Warren Ohio Website Design Specialists
 

Terms (Page 2)

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15. REFUND POLICY

You can cancel the design process at any time for a refund, minus our expenses (cost of media, external domains, hours of work completed, etc.) Prepaid hosting is non-refundable as a condition of the generous discount in hosting.  It is consumed in as a "block" whereby consuming any part of it is considered completely consumed.  This is for simplicity and the reason why billing is performed before hosting is billed.  

Clients are under no obligation to host with CGS but will lose all functionality obtained by using our CMS.

16. CANCELLATION/SUSPENSION OF HOSTING

The design of the website belongs to you, the client. Clients have the right to cancel hosting at any time, moving to another company.

Remember that without a hosting provider your website will appear down.  Member login, catalog, gallery, cart, feedback forms, etc may no longer work with a new provider until they re-build it using their hosting system.  This often takes time.  To avoid interruption of services you should arrange a new hosting provider ahead of cancellation. 

Member information and products can be exported to Excel spreadsheet compatible format.  Your pages and design can be obtained using HTTrack Website Copier (Google it) or another "Site Ripping Software" package to rip the content of your web site.  This must be done before the website comes down.  Any "work for hire" programming performed specifically for your website may also be yours as well. 

CGS will assist client in moving domains into client's name free of charge. Client is responsible for supervising this transfer.

CGS does not manage domains and e-mail services which it no longer hosts.  Domains and email services under our management will expire by default and return to public use (client no longer owns the domain) if client makes no effort to take ownership of their domains.  Clients making no effort to transfer their domains away from CGS agree their domains have no value.  It is recommended clients request their domains before hosting ends and pull all e-mail to their local computer prior to the end of the hosting period.

Hosting must be paid for before service can be rendered.  If your account becomes delinquent your hosting can be suspended immediately.  Generally, clients who pay invoices on time and are rarely late can expect a second invoice before services are suspended. (See BILLING & PAYMENT TERMS for re-activation fee.)

17. VERBAL AGREEMENTS

Our memory is as bad as yours.  In order to be fair any substantial agreements must be made in writing.  E-Mail is sufficient.  It only takes two seconds and creates a nice trail we can all follow later. (E-mail also helps us make sure we make it happen.)

18. BILLING & PAYMENT TERMS

You can save on hosting by pre-paying a year ahead of time. (As long as it actually saves paperwork.)

All invoices must be paid in full by the invoiced due date or the account will be considered delinquent.  All delinquent accounts will be assessed a $25 charge or 5% penalty (whichever is greater) for each month of non-payment until balance is paid in full.  Hosting must be paid for in advance or the service will be suspended.  As a matter of courtesy, clients who regularly pay invoices on time can expect to receive a second invoice (with a late fee assessed) before hosting services are suspended.  In any event, if two invoices are not paid in full (within six months of each other) the account will be considered "cancelled" automatically and the website will be disabled immediately, requiring a re-activation fee of $100 per website to reactivate.  Delinquent accounts (accounts with an unpaid balance) will not receive website management. hosting, nor consulting services, including automatic domain renewal.  CGS reserves the right to remove or make unattainable any website, domains, materials, code, etc. of a delinquent account until full payment is received. 

Invoices and notifications will be sent to the contact information provided by the Client.  Client is responsible for keeping this contact information correct and up-to-date.  Client agrees notifications sent to the mailing or e-mail address on file constitutes reasonable assurance client has been notified.  Check your spam filters! 

Client is responsible for any fees it causes Commercial Grade Software, Inc. through its own fault, such as a bounced check, plus a $25 fee.  CGS shall be entitled to reasonable legal fees in the event the services of an attorney or collection agency become necessary.

Rates are subject to change without notice.  Rate changes are generally minor and serve the purpose of adjusting for inflation  or changes in our costs outside our control.  Rate changes almost always occur at the beginning of the year. 

19. TRAFFIC GUIDELINES

Client can easily view site statistics by logging in and clicking the Usage link in the upper right of most sites.  Sites which exceed maximum traffic for the current plan will be automatically upgraded to the next hosting plan until average traffic drops back to normal levels for a minimum of one month.  A correction bill will be issued should your plan require an automatic upgrade.  Customer has the option to cancel hosting or pay this revised bill within 30 days.  Any traffic which brings our servers to a stand still may result in immediate suspension of hosting services without notice, until the cause can be determined and corrected.  Customer agrees not to hold Commercial Grade Software, Inc. liable for any direct or indirect losses which may result.  Minimum hosting plan is 1 Gigabyte per month and is sufficient for most web sites.

20. LIMITATION ON LIABILITY; EXCLUSION OF CONSEQUENTIAL DAMAGES; NO WARRANTY

Customer agrees to indemnify, defend and hold harmless, Commercial Grade Software, Inc., its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all claims, losses of any kind, expenses, damages and costs, including reasonable attorneys' fees, resulting from: loss of services (client agrees to check important services as often as necessary to prevent losses due to loss of service), any violation of this Terms of Use, software flaws (either caused by Commercial Grade Software, Inc. or a third party), hardware failure, hacking, abuse, Acts of God, fraud and any losses resulting directly or indirectly as a result of system design or changes. 

IN ANY AND ALL EVENTS, CUSTOMER AGREES TO LIMIT THE CUMULATIVE LIABILITY OF COMMERCIAL GRADE SOFTWARE, INC., ITS SUBSIDIARIES, OTHER AFFILIATED COMPANIES, ITS OFFICERS, DIRECTORS AND EMPLOYEES TO THE AMOUNT PAID FOR PRODUCTS AND SERVICES RENDERED IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS.

Customer agrees to defend Commercial Grade Software, Inc., its subsidiaries and other affiliated companies, its officers, directors, employees and agents from third party lawsuits and is explicitly forbidden from guaranteeing to anyone uninterrupted services.  Although we strive for 100% up-time, any number of failures outside our control may cause an outage.

All code is presented "as is," without warranty. 

Client alone is responsible for compensating models, obtain a signed photo release from each individual portrayed in its website, maintain an archive of releases, etc.   Client holds CGS blameless for any actions resulting from failure to obtain photo releases, etc.

Clients alone bare full responsibility towards protecting their username and password, and all legal consequences from the release of website member information. 

CGS cannot guarantee that logos and artwork designed for client does not infringe on preexisting or trademarked material from other entities. Consult an attorney before using logos or artwork. Customer agrees to immediately inform Commercial Grade Software, Inc. of any violations and to hold Commercial Grade Software, Inc. blameless for any infringements.

21. LIMITATION OF SERVICES OFFERED
CGS not provide Internet access, legal advice, advice on the likely success of a business venture, computer repair, etc.  CGS cannot see into the future and therefore cannot build websites compatible with browsers not yet built. CGS cannot guarantee search engine placement.  CGS cannot guarantee or promise increase in sales for any reason.  (By default our websites are built to be compatible with as many commonly in-use browsers as possible when the site was designed and to degrade as elegantly as possible in all other browsers, with usability dropping off sharply as the popularity of the browser declines.) Any advice given by CGS employees in any of these matters is to be considered an opinion which should always be verified with a professional.

22. MISCELLANEOUS

Should any part of this Agreement, or any provision herein contained, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by a decree of any court of competent jurisdiction such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof.  Remaining parts or provisions shall remain in full force and effect.

This agreement shall be interpreted under the laws of the State of Ohio. Any litigation under this agreement shall be resolved in the trial courts of Trumbull County, State of Ohio.

The parties agree that any action in relation to an alleged breach of this Agreement shall be commenced within one year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute.

The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

©2018 Commercial Grade Software, Inc. All rights reserved.