TERMS OF SERVICE (TOS)
Congratulations on choosing Team Web USA!
1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and Dallas Business Services, LLC DBA Team Web USA, a Dallas limited liability company, and its legal successors and assigns.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Team Web USA services, including but not limited to, submission of content to Team Web USA design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.
Team Web USA 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 Terms of Service. Failure to comply with the TOS may result in account termination. By using Team Web USA 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 Team Web USA 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 Team Web USA services including the purchase of additional services or additional websites or accounts at a later date.
2. Description of Service
a.Team Web USA designs and hosts 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, easy interface for updating the website, email accounts and additional website-related services. Client understands that Team Web USA services may include certain communications from Team Web USA such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Team Web USA 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 Team Web USA services.
b. Team Web USA will apply is trademark and copyright information in the lower right hand corner of all web based projects stating the site or portal is powered by, designed by or maintained by Team Web USA. Team Web USA may use this space to apply any keywords or content within a respectable manner they wish. If for any reason the client wishes to not have this present a fee will be assessed to have it removed. If it is ever removed without the prior consent of Team Web USA the client will then be liable for a minimum fee of $1000 but can be up to $10,000.00. This will be determined by the current value of the keywords and link/s that has been removed. If the client is maintaining a page rank of 4 or above and this page rank is a result of Team Web USA coding methods, SEO efforts, software or other proprietary assets the fee can exceed this amount but will be determined on a case by case basis.
c. Agreeing to have Team Web USA or any other company affiliated with Team Web USA design, develop, create, build or modify any web based application that can be indexed in a search engine such as Google, Team Web USA may us a space of not less than 30 pixels x 10 pixels in the lower right hand corner or the web application for advertising, trademark, linking or any other purpose deemed appropriate for as long as the application remains within 80% intact of its original design or modification. To remove anything from this space is in direct violation of the terms of services you have agreed to when engaging in business arrangements with Team Web USA. To have any information removed from this area you must first seek authorization from Team Web USA and pay all fines or costs associated with this.
3. Electronic Delivery Policy
Team Web USA is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Team Web USA any notices, agreements, disclosures, or other communications (Notices). Client agrees that Team Web USA may send electronic Notices in either of the following ways 1) To the email address provided to Team Web USA at the time of sale or 2) to the new email address account Client set up through Team Web USA. Client agrees to check the designated email addresses regularly for Notices. Notice from Team Web USA is effective when sent by Team Web USA, regardless of whether the Notice is read or received by Client. When the client signs the agreement for services along with any supporting documents you are also agreeing to all the terms outlined here.
5. Call Monitoring and Recording Privacy Statement
As part of Team Web USA commitment to providing the best possible service Team Web USA may monitor and record phone calls answered by Team Web USA and made by Team Web USA. Team Web USA may also archive recorded voice mail messages. Team Web USA 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 Team Web USA to identify how Team Web USA can better serve its customers.
6. Unacceptable Practices
As Team Web USA strives to offer the very best service, there are certain guidelines and policies that must govern Team Web USA efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Team Web USA services. Such decisions are at the sole discretion of Team Web USA. Unacceptable practices include, but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Lingerie websites
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Team Web USA discretion)
- Gambling, gaming, lotteries, and like activities
- Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Prescription drugs and related content
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling of email accounts or hosting accounts to third parties.
- Reselling of any Team Web USA services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
- Links to other sites that are in violation of Team Web USA Web Design’s policies and guidelines
- Other activities, whether lawful or unlawful, that Team Web USA deems to be in poor taste or that reflect adversely on Team Web USA or Team Web USA other clients
- Team Web USA reserves the right to refuse to design or host an account at its sole discretion at anytime.
As a Team Web USA Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold Team Web USA harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. Team Web USA retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. Team Web USA may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by Team Web USA for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)
As an Team Web USA Client you may have access to editing tools for your website. Client may edit, add or delete content to the website at anytime. With this understanding Team Web USA may or may not pre-screen content. Team Web USA shall have the right (but not the obligation) to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by Team Web USA or not, including any reliance upon accuracy, usefulness or completeness.
Client acknowledges that Team Web USA may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of Team Web USA and the public.
7. Intellectual Property Policy
Team Web USA 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 Team Web USA 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 Team Web USA will remain the intellectual property of the Client. Team Web USA 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. Team Web USA will attempt to honor requests to return original content; however, Team Web USA has no liability and does not guarantee the return of any content to Client.
Domain names purchased by Team Web USA and website designs, databases, stores, or programs created by Team Web USA are the property of Team Web USA until Client has paid all fees including one full year of monthly hosting. (See Domain Names Purchase/Hosting Agreement)
8. International Use
Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the transborder transfer of personal data.
9. Interstate Communications
Client acknowledges that by using Team Web USA services Client will be causing communications to be sent through Team Web USA computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Team Web USA services results in interstate data transmissions and may result in trans border transfer of personal data. Client hereby consents to the collection, processing and trans-border transfer of such personal information as Client may provide or make available to Team Web USA
10. Website Construction Procedure
With help and input from the Client, Team Web USA will develop the website. Client must submit content through the Online Design Packet (ODP) before work may begin on the development of the website. Client must electronically accept the TOS before access is granted to the ODP. After content is submitted by the Client the website is developed. Prior to the website being taken live the client will receive a missing information notification if content is incomplete. Client will then have two weeks to submit complete content. If complete content is not received the website will then be taken live “as-is”. If the website is taken live without all of the pages completed due to incomplete content those pages may be banked and developed in the future using Client’s design time.
In submitting content through the ODP, links to sample sites the Client likes are for general information purposes only and assist Team Web USA 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 Team Web USA invoice and do not infringe upon the intellectual property rights of others.
The design and content layout are presented to the Client for approval. After the Client approves the website, the website will go live. The Team Web USA QC team may review the text before site goes live to correct any possible errors. Team Web USA 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 that the website is now live.
Client understands, agrees and acknowledges that Team Web USA does not guarantee a time frame for completion of ANY website. A website cannot be completed without submission of complete content, design approvals and participation from the Client. If Client continues submitting additional content throughout the development process, the completion time frame is increased. If Client does not submit complete content and Team Web USA 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 provided with a space holder immediately after sale. Upon request, Client is also provided with an optional welcome website shortly after the initial sale. The welcome website is a temporary website Client can modify and send customers to while the custom website is being built. Client may choose not to have a welcome website if so desired.
11. Client Approval
Client is responsible for testing the functionality of the website upon Team Web USA 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. 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.
The Client understands and agrees that if the Client does not respond within 5 business days to Team Web USA request for approval and notification that the website has been completed, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client, and the website will be taken live “as-is”.
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 Team Web USA 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 Team Web USA completes all of the work per the original sale and database write ups, Team Web USA 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.
Team Web USA 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 Team Web USA standard hourly rate. Team Web USA is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Team Web USA does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Team Web USA does not guarantee a time frame for completion of ANY custom database or custom programming completed by Team Web USA or an Team Web USA Partner. If database is completed by Team Web USA A custom “Database Specifications Summary” may be presented to the Client. Team Web USA 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 Team Web USA 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 Team Web USA standard hourly rate. There is no guarantee that changes made by Team Web USA 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 canceled.
Client is responsible for testing the functionality of the website upon Team Web USA 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.
Team Web USA 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 Team Web USA to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at Team Web USA standard data entry rates.
Client will be provided with instructions to input products into the store. If Client requests Team Web USA 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 PWDS’s standard product-entry rates. Client is required to submit store content to Team Web USA via PWDS’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 PWDS’s standard hourly rate for requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon PWDS’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. Team Web USA 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.
15. 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 Team Web USA will proceed with the development as outlined. Once work has begun on enhancements purchased by the client there is No Refund if canceled. 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 canceled.
16. Expedited Services
While HWS does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Team Web USA at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Team Web USA will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, completion of the Online Design Packet (ODP), acceptance of any project specification documents prepared by Team Web USA and Client’s timely cooperation with Team Web USA in any solicitation for information related to the website’s development.
If expedited service is offered to Client by Team Web USA, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Team Web USA guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Team Web USA with requested information in a timely manner, Team Web USA reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Team Web USA for any and all other charges related to the website’s development.
17. Additional Services
Client may purchase at an additional monthly cost additional services offered by Team Web USA. Additional monthly services may include, but are not limited to, the Web Traffic Director program (WTD), spam filters, and back-up software. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. Team Web USA will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be canceled with 30 days written notice.
18. Email Accounts
Based on the hosting support 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 custom website is live to use email accounts. To begin using email accounts Client should contact Technical Support at firstname.lastname@example.org
19. Technical Support
Team Web USA technical support department should be contacted at email@example.com for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. Team Web USA provides technical support for email and down time issues that are caused by Team Web USA. Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at Team Web USA hourly rate and that Team Web USA may charge Client’s account for such technical support fees.
If Client uses Team Web USA technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Team Web USA does not warranty that technical support services will meet Client’s requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)
20. Customer Service
Team Web USA Web Design strives to offer the best service available. Customer service complaints or concerns should be emailed to firstname.lastname@example.org
21. Use and Storage
Client acknowledges that Team Web USA may establish general guidelines and limits concerning use of Team Web USA services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on Team Web USA servers on Client’s behalf. , Client acknowledges that Team Web USA is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by Team Web USA may be lost if data loss occurs after a scheduled backup by Team Web USA.
22. Server Security Practices
Team Web USA utilizes security practices that comply with standards set by the Payment Card Industry (PCI) in maintaining its servers. Team Web USA will not modify its shared-hosting server settings and configurations to Client’s individual preferences. Team Web USA 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.
Team Web USA 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 Team Web USA 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 Team Web USA 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. Team Web USA reserves the right to terminate Client accounts that refuse to meet Team Web USA security requirements for Client’s website.
23. Design Time/Service Contract
Client may wish to make changes or updates to the live website that Team Web USA is hosting. Most changes can be made using Team Web USA 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 Team Web USA to make changes to website, design time may be purchased at an hourly rate or in blocks of design time as a Design Service Contract.
Team Web USA is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by Team Web USA to repair changes made by Client will be billed to Client at Team Web USA standard hourly rate or Team Web USA 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. Flash and PHP Service Contracts may also be available for purchase.
24. Monthly Hosting Agreement
Monthly hosting is billed 60 days from the date of sale and is recurrently billed every 30 days thereafter. Monthly hosting is billed from the date of sale, regardless of the date the website goes live, because hosting costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names. In addition, email accounts and support are available from the date of sale and are paid for with monthly hosting fees. Client agrees to a one year hosting agreement with Team Web USA.
25. Domain Names
Domain names purchased by Team Web USA and website designs, databases, stores, or programs created by Team Web USA are the property of Team Web USA until Client has paid all fees including one full year of monthly hosting. At that time ownership of the site and its functionality, and domain name may be transferred to the Client’s control upon receipt of the Client’s written request. Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Clients may buy-out their one year hosting agreement by paying 12 months of hosting in advance if they wish to transfer the domain name and content to Client’s control prior to one year of paid monthly hosting. Team Web USA expressly reserves the right to retain one copy of any website designs, databases, stores, flash, programs, writings, or any other work created for Client for evidentiary purposes.
Upon transfer of domain and/or website to Client or another service provider, at anytime, Client agrees that Team Web USA has met in full its obligation to Client, and Team Web USA is released of all past and future obligations to the client. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client. Team Web USA reserves the right to transfer domain name(s) to Client at anytime. Upon receipt of any legal action or intellectual property disputes Team Web USA may transfer domain name to Client. After transfer of domain name to Client for any reason, or upon Client request Client for transfer, Client is responsible for domain name renewal.
Domain names are purchased through a third party service. Team Web USA cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase Team Web USA will assist the Client in selecting and purchasing an alternate domain name. Domain names already owned by the Client remain the property of the Client and renewal of the domain name is the Client’s responsibility. The renewal of any domain names transferred to or owned by the Client is the responsibility of the Client. Upon cancellation or termination of Client’s account, or upon Client’s failure to pay monthly hosting or fees due in full, Team Web USA will no longer renew any domain names associated with the account and Client assumes sole responsibility for their renewal. Client may purchase additional domain names through Team Web USA and will be billed for the domain name purchase and renewals accordingly. If Client ceases to pay monthly hosting or other fees due domain name ownership reverts back to Team Web USA. Team Web USA may allow domain name to expire, may renew domain name and remain the owner, or Team Web USA may sell the domain name at its’ sole discretion and for Team Web USA sole benefit.
26. Marketing Representations
Team Web USA makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to Team Web USA are due at time of sale of website design and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website. Team Web USA is not responsible for marketing of Client’s website including search engine rankings.
27. 90-Day Satisfaction Guarantee
Team Web USA Web Design provides a 90-day satisfaction guarantee. Team Web USA will continue to change and modify the Client’s website to Client’s liking, within 90 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 90 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client’s design time hours available based upon the monthly hosting package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at Team Web USA standard hourly rate over and above the initial design fee paid. Team Web USA does not guarantee that the website designed will be exactly what the client has envisioned. Team Web USA best effort will be given for the 90-day satisfaction guarantee but Team Web USA is not obligated to complete multiple redesigns or modifications. While Team Web USA may agree to make requested changes and to bill the Client’s design time or bill the Client directly, Team Web USA is not obligated to complete Client requests or changes outside of the 90-day satisfaction period. If Team Web USA does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.
28. Billing Policy
The initial design set-up fee is due and billed in full at the time of the original sale. (Installment payments may be accepted for the set-up fee only if agreed to in writing per the original invoice.) Monthly hosting is billed and due every month beginning 60 days from the date of the original sale. The Client hereby requests that Team Web USA renew and bill monthly hosting fees every 30 days thereafter, unless the Client cancels in writing after 12 months of monthly hosting fees have been paid.
Monthly hosting and additional services fees may be billed on the 1st or 15th of each month to coincide with Team Web USA billing cycles. The amount of the initial design set-up fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package selected by Client.
Team Web USA reserves the right to change prices at any time including monthly hosting amounts and hourly design fees.
Team Web USA accepts payment via wire transfer, check, credit card and EFT debit from Client’s bank account. Upon Client’s authorization of payment to Team Web USA via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly hosting and/or additional services fees to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing.
The Client may change payment methods including credit card and EFT debit payments with 30 days notice. To change payment methods Client should contact Team Web USA billing department. Client should not email new billing information for security purposes.
Team Web USA reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
29. Billing Disputes
Team Web USA charges up to a $25.00 fee for returned checks. If Team Web USA does not receive payment in full when due, Team Web USA may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. Team Web USA may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to Team Web USA for collecting from Client. Team Web USA does not agree to, and will not honor, any limiting notations made by a Client on a check.
If Client wishes to dispute a charge Client must first contact Team Web USA billing department and must allow 10 business days for a response. To avoid any dispute about Client’s attempt to contact Team Web USA, Client must send the request in writing to:
Attn: Billing Department, Team Web USA Web Design, 7141 Envoy Ct. Dallas Tx. 75247.
Requests may be emailed to email@example.com. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. In the event that Client initiates a credit card dispute, ceases paying hosting fees or other fees due, Team Web USA, at its sole discretion, may suspend work on the website until the billing dispute has been resolved.
30. Termination/Cancellation of Services
Team Web USA, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Team Web USA believes Client has violated the TOS. Team Web USA may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to Team Web USA services under any provision of this TOS may be effected without prior notice and that Team Web USA may deactivate or delete Client’s account and all related information files. Client agrees that Team Web USA shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. Team Web USA may suspend or terminate accounts, and shut down website for accounts, that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to Team Web USA. Charges for monthly hosting will continue to incur for delinquent accounts until Client’s one year hosting obligation has been met even if account has been suspended or terminated. Team Web USA also reserves the right to discontinue the designing of Client’s website at any time, at Team Web USA sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Team Web USA.
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by Team Web USA.
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify Team Web USA in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from Team Web USA that the request for termination has been received and no further hosting fees will be billed.
Requests for cancellation of website hosting services or additional services should be sent to the following address:
Attn: Billing Department, Team Web USA Web Design, 7141 Envoy Ct. Suite 201 Dallas Tx. 75247
Requests may be emailed to firstname.lastname@example.org. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
31. Cancellation Effective Date
Client may terminate hosting services with 30 days written notice, after one full year of paid hosting. The effective date of cancellation is to be 30 days from the date of Team Web USA receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and client agrees to pay.
If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes Team Web USA to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be canceled.
32. Cancellation Fee and Refund Policy
WEBSITE DESIGN/DEVELOPMENT - Refunds of the fees paid for development of the website may be issued on accounts canceled within 90 days of the initial sale and prior to the completion of the website according to the following schedule:
A) A minimum of a 50% cancellation fee will be retained by Team Web USA on canceled accounts even if no work has been started and no content yet submitted by the Client.
B) A minimum of a 75% cancellation fee will be retained by Team Web USA on canceled accounts if work has been presented to the Client; or Team Web USA has made multiple attempts to work with the Client, and Client has not responded to those attempts.
C) A 100% cancellation fee will be retained by Team Web USA and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Team Web USA. No Refund will be issued on any website canceled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.
D) 100% cancellation fee will be retained and NO REFUND will be issued by Team Web USA if Client cancels after 90 days from the initial sale.
MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by Team Web USA on all canceled accounts even if no work has been started. The cancellation fee is charged to compensate Team Web USA for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.
ENHANCEMENT SALES - A 100% cancellation fee will be retained by Team Web USA and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on canceled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Team Web USA on all canceled enhancement purchases if canceled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Team Web USA if client cancels after 90 days from the enhancement sale. 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 canceled.
MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.
Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).
By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases Team Web USA, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Team Web USA its officers, owners, members, agents and employees.
33. Account Transfer
Requests for transferring the ownership of a website or hosting account from Client to a new owner must be completed in writing by both the current account owner and the new designated owner. The transfer is not valid until a signed request is received by Team Web USA in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of Team Web USA TOS by the new owner.
34. Team Web USA Web Design Proprietary Rights
Client acknowledges and agrees that Team Web USA services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Team Web USA services.
35. Use of Client Information
Client herby gives permission to Team Web USA to use samples or links to Client’s custom website designed by Team Web USA for marketing and advertising purposes, including but not limited to, use in Team Web USA online portfolio.
36. Third-Party Services
37. Contract Service Providers
Team Web USA may contract with Contract Service Providers to complete a portion, or all of the Client’s custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Team Web USA employee directly for services. All payments for services rendered must be made directly to Team Web USA. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s website and do not have access to Client’s personal information including payment information.
38. Disclaimer of Warranties
CLIENT’S USE OF Team Web USA SERVICES IS AT CLIENT’S OWN RISK. Team Web USA SERVICES ARE PROVIDED “AS IS”. Team Web USA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Team Web USA DISCLAIMS ANY WARRANTIES REGARDING Team Web USA SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Team Web USA DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Team Web USA SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. Team Web USA DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. Team Web USA DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH Team Web USA SERVICES, OR LINKS PROVIDED BY Team Web USA SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY Team Web USA OR OBTAINED THROUGH LINKS PROVIDED THROUGH Team Web USA SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Team Web USA SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
39. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT Team Web USA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Team Web USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE Team Web USA SERVICES, RELIANCE ON Team Web USA SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Team Web USA SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH Team Web USA SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO Team Web USA SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO Team Web USA SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
Without limiting the foregoing, under no circumstance shall Team Web USA be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Team Web USA full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Team Web USA.
40. Tort Claims and Other Claims
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Team Web USA, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against Team Web USA in Client’s individual capacity and not as a member of a class.
Client agrees to defend, indemnify and hold harmless Team Web USA, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Team Web USA services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Team Web USA or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Team Web USA, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.
Team Web USA
4038 Lemmon Ave
Dallas Texas 75219
Attn: Customer Service
43. Contact Team Web USA Web Design
Client may contact Team Web USA at 877-258-7103 M-F from 8:30 – 6:00 CST.
|Sales||Contact Sales||877-258-7103 press 1 for sales|
|Technical Support & Email||Contact Support||800-975-3058 ex 4876|
|Customer Service||Contact Customer Service||800-975-3058 ex 4950|
|Billing Questions or Concerns||Contact Billing||800-975-3058 ex 4901|
|Termination of Services||Contact Cancellation Department||800-975-3058 ex 4950|
|Updates to Design||Contact Support or Development||800-975-3058 ex 4876|
44. Negative Comments/Slander
Client specifically agrees not to engage in negative comments or slander regarding Team Web USA, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding Team Web USA in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition Team Web USA will be entitled to liquidated damages in the amount of $2,500.00 for each publishing or posting. If said breach occurs on an internet complaint site each Team Web USA to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, Team Web USA shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief. The prevailing party to that litigation shall be entitled to an award of attorney’s fees. Team Web USA reserves the right to terminate any account for any negative postings made by the account owner or it’s representatives, or employees.
45. Severability; Waiver
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by Team Web USA to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.
This agreement shall be governed exclusively by the laws of the State of Texas, USA, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of Texas. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Texas, Counties of Dallas or surrounding, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise.
Notwithstanding the foregoing, in lieu of litigation, arbitration may be used as a means of resolving disputes. Arbitration would be through a neutral third-party arbitrator to be approved by both Client and Team Web USA. If any court sitting outside the United States determines that the litigation forum or arbitration provisions of this agreement are invalid, then and only then, the parties agree to settle any dispute through binding arbitration by three arbitrators, in the English language, under the commercial arbitration rules of the International Chamber of Commerce, with the location of the arbitration to be in a neutral jurisdiction (not the country of residence of the Client or of Team Web USA) as selected by Team Web USA.
Team Web USA may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
49. Electronic Signatures
Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the ODP, making payment, or submitting information or documents to Team Web USA so that Team Web USA may perform services for the client, the same shall constitute an electronic signature as defined by Dallas’s Uniform Electronic Transactions Act, Dallas Code Ann. 69-7-656 et seq.
50. Affiliated Companies , Name Change, Assignment of Servicing
Team Web USA reserves the right to subcontract services or assign the ongoing servicing and/or hosting of your account or this entire Agreement to another party at its sole discretion. This agreement shall not be affected by any change in the name of Team Web USA, LLC, it’s DBAs or any other affiliated companies, or any condition, merger or acquisition of Team Web USA, LLC and shall be automatically assigned to any successor entity of Team Web USA, LLC and shall continue in effect thereafter in accordance with its terms.
The following provisions shall survive termination of this Agreement with no effective termination date: Sections 1, 7-9, 34-52.
52. General Information
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Team Web USA. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Team Web USA Web Design’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.