Terms of Service

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Terms and Conditions of Web Design:

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Estimates

Estimates provided to prospective clients will be honored for a period of 30 days. After 30 days, a new estimate will be provided upon request.

Payments

T.R. Web Wizard requires a $100 or 25% deposit whichever is greater before we begin work on any project. During the design process, additional charges may be added if the client requests more work than was originally requested. The remaining project balance is due upon acceptance of the websites layout. The exception to this rule are projects over $1500, projects of this size will be payable based on design milestones.

Any payments by check that do not clear will be charged a $25 fee. T.R. Web Wizard retains the right to withhold all graphics and project development, with the exception of content and graphics provided by the client, until the final balance is paid in full.

Web Site Design Credit

A visible T.R. Web Wizard logo and/or active text link to T.R. Web Wizard shall appear near the bottom of every web site page designed and/or maintained by us. If you wish to have this removed from your website, there will be additional service charge of $150.

T.R. Web Wizard reserves the right to display websites and graphics that have been designed by T.R. Web Wizard on any portion of our website(s) and in any marketing material to aid as examples of our work.

Refunds

A request to terminate services must be presented to T.R. Web Wizard in order to qualify for a refund. Otherwise, please follow the refund terms below.

Refund Amounts will be calculated in the following ways:

A full refund of your initial payment will be issued for projects that have been booked, but the development of the initial designs has not yet begun.
A design fee of $100 per design will be retained on projects where the development of the initial designs has already begun, but the development of the source code for your project has not yet begun.
If the development of the source code for your project has already begun on a project, the client will be billed at the hourly rate of $35 per hour for work completed. Should the amount of time put into your project be greater than the initial deposit you have paid to T.R. Web Wizard, you will be billed the difference. (Upon payment of these fees, the work completed up to the time of termination will be released to the client.)
Refunds will be processed within 30 business days of request by the client, if a refund is warranted based on the terms outlined above.
No refunds will be provided for web hosting paid for in advance.

Non-Communication

If a client does not respond to all attempts at communication for a duration of at least twenty consecutive days (20) by phone or email during the design, the project will be canceled without prior notice and no refund will be issued. If the project is in the development and testing process, the client will be billed an hourly rate of $75 for work completed.

Liability

Web Design services purchased from T.R. Web Wizard are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. T.R. Web Wizard shall not be held liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the provided website, services, and/or goods. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

Project Consideration

T.R. Web Wizard will not accept projects that we find morally questionable, unethical, or distasteful. T.R. Web Wizard has the right to deny service to any individual or company, for any reason, without risk.

Acceptance

Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written and/or in any signed agreement. T.R. Web Wizard reserves the right to change or update these terms at any time without prior notice.

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Terms and Conditions of Web Hosting:

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You must be 18 years of age to request our web hosting services.
No Spamming (unsolicited bulk email) allowed.
No material that provides sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, weapons, pirated materials, instructions on making, assembling or obtaining illegal goods or weapons to attack others. Information used to break, copyright, violate the trademark of or to destroy others property or information. Information used to illegally harm any people or animals. We do not allow pornography, nudity, sexual products, programs or services. Escort services are not allowed or other content deemed adult related.
Foul language and profanity in the sites content, and in the domain name are prohibited.
All activities may be monitored, recorded, and examined by any authorized person, including law enforcement.
T.R. Web Wizard reserves the right, but is not obligated to review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.
You must retain accurate contact and payment information to avoid having your account terminated.
You agree that T.R. Web Wizard may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service.
T.R. Web Wizard reserves the right to refuse service to anyone for any reason.
T.R. Web Wizard reserves the right to suspend/remove all accounts associated with ATX Web Design if any one account associated with ATX Web Design breaks these terms of service.

Past Due Payments

T.R. Web Wizard reserves the right to temporarily suspend any hosting account that has an unpaid balance that is 30 days past due. All websites and associated email accounts will be temporarily suspended in the case that a payment becomes 30 days past due. Once a payment is made on the past due account, all websites and email accounts will be released from suspension.

While T.R. Web Wizard will provide our clients with reasonable notification, ATXWebDesign.com reserves the right to temporarily suspend any website or email account without notification, if an unpaid balance becomes 30 days past due.

Server Downtime

At T.R. Web Wizard we strive to offer the best in the industry for Network and Server uptime. Like all hosting companies from time to time we experience downtime. We guarantee that our network will stay up 99.9% of the time.

Server uptime on the other hand is dependent on a variety of issues, ranging from the activity by our clients, traffic to other sites, hardware failure, to issues like hard-drive failure and file corruption. Most issues are resolved in approximately 15 minutes, however on extreme issues it may take more than 15 minutes to resolve the issue. In these extremely rare circumstances the server may require additional time to resolve the issue. This can take several hours and in very rare cases as much as a day to get your server back up and running.

Spamming

Spamming, whether or not it overloads the Services or disrupts service to T.R. Web Wizard’s Subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. T.R. Web Wizard reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list.

Viruses and Other Destructive Activities

Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

Hacking

"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking

Indemnification

You agree to defend, indemnify and hold T.R. Web Wizard, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of the Rules or use by you or any third party of the Services, except to the extent the foregoing directly result from T.R. Web Wizard 's own negligence. T.R. Web Wizard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification T.R. Web Wizard in that matter.

IF YOU DO NOT AGREE TO THE RULES, YOU MUST DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, REQUEST THAT WE TERMINATE YOUR ACCOUNT.

Changes to the Rules and Services Apply to You. You may review the most current version of the Rules at the Site. T.R. Web Wizard may change the Rules or change the scope of the Services, in whole or in part, at any time at T.R. Web Wizard‘s sole discretion. Posting of such changed Rules on the Site shall constitute notice of such changes to you, although T.R. Web Wizard may choose additional types of notice. T.R. Web Wizard will use reasonable efforts to provide you with 7 days advance notice of changes to the Rules that materially and adversely impact your use of the Services. Your continued use of the Services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your account as described below.

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Web Site Terms and Conditions of Use:

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1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on T.R. Web Wizard's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on T.R. Web Wizard's web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by T.R. Web Wizard at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on T.R. Web Wizard's web site are provided "as is". T.R. Web Wizard makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, T.R. Web Wizard does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall T.R. Web Wizard or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on T.R. Web Wizard's Internet site, even if T.R. Web Wizard or a T.R. Web Wizard authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on T.R. Web Wizard's web site could include technical, typographical, or photographic errors. T.R. Web Wizard does not warrant that any of the materials on its web site are accurate, complete, or current. T.R. Web Wizard may make changes to the materials contained on its web site at any time without notice. T.R. Web Wizard does not, however, make any commitment to update the materials.

6. Links

T.R. Web Wizard has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by T.R. Web Wizard of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

T.R. Web Wizard may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Compliance with Law

You agree you will not use this site to conduct any illegal activity or any illegal purpose. It is your responsibility to discover and obey all applicable local, state, federal and international laws in regard to the use of any product or service purchased from this website. By placing an order, you represent that the products and/or services ordered will be used only in a lawful manner.

8. Governing Law

Any claim relating to T.R. Web Wizard's web site shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions.