Terms of Service (TOS)
1. Acceptance of Terms
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Bend Web Design’s services, including but not limited to, submission of content to Bend Web Design’s 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.
Bend Web Design 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 http://www.bendwebdesign.co/bend-web-design-tos. Failure to comply with the TOS may result in account termination. By using Bend Web Design’s 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 Bend Web Design 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 Bend Web Design services including the purchase of additional services or additional websites or accounts at a later date.
2. Description of Service
3. Electronic Delivery Policy
5. Call Monitoring and Recording Privacy Statement
6. Unacceptable Practices
- 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 Bend Web Design’s discretion)
- 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
- 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
- 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 Bend Web Design 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 Bend Web Design’s policies and guidelines
- Other activities, whether lawful or unlawful, that Bend Web Design deems to be in poor taste or that reflect adversely on Bend Web Design or Bend Web Design’s other clients
- Bend Web Design reserves the right to refuse to design or host an account at its sole discretion at anytime.
As a Bend Web Design 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 Bend Web Design harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. Bend Web Design retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. Bend Web Design 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 Bend Web Design 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 a Bend Web Design 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 Bend Web Design may or may not pre-screen content. Bend Web Design 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 Bend Web Design or not, including any reliance upon accuracy, usefulness or completeness.
Client acknowledges that Bend Web Design 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 Bend Web Design and the public.
7. Intellectual Property Policy
Bend Web Design 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 Bend Web Design 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 Bend Web Design will remain the intellectual property of the Client. Bend Web Design 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. Bend Web Design will attempt to honor requests to return original content; however, Bend Web Design has no liability and does not guarantee the return of any content to Client. Domain names purchased by Bend Web Design and website designs, databases, stores, or programs created by Bend Web Design are the property of Bend Web Design until Client has paid all fees including one full year of monthly hosting. (See Domain Names Purchase/Hosting Agreement)
8. International Use
9. Interstate Communications
10. Website Construction Procedure
Bend Web Design 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 when the website is live.
11. Completion Timeframes
If Client does not respond to Bend Web Design communications and, as a result, Bend Web Design 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.
12. Client Approval
The Client understands and agrees that if the Client does not respond within 5 business days to Bend Web Design’s request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.
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 Bend Web Design’s 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 Bend Web Design completes all of the work per the original sale and database write ups, Bend Web Design 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.
13. Scope of Work
14. Website Change Requests Before and After Website Goes Live
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 Bend Web Design’s standard hourly rate. There is no guarantee that changes made by Bend Web Design 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 cancelled.
Client is responsible for testing the functionality of the website upon Bend Web Design’s 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. Bend Web Design 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 Bend Web Design to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at Bend Web Design’s standard data entry rates.
Client is responsible for testing the functionality of the e-commerce store upon Bend Web Design’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. Bend Web Design 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.
17. Enhancements to Website
18. Expedited Services
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, submission of content through the online web center and acceptance of any project specification documents prepared by Bend Web Design and Client’s timely cooperation with Bend Web Design in any solicitation for information related to the website’s development.
If expedited service is offered to Client by Bend Web Design, 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 Bend Web Design 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 Bend Web Design with requested information in a timely manner, Bend Web Design 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 Bend Web Design for any and all other charges related to the website’s development.
19. Additional Services
20. Email Accounts
21. Technical Support
If Client uses Bend Web Design’s technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Bend Web Design does not warranty that technical support services will meet Client’s requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)
22. Customer Service
23. Use and Storage
24. Server Security Practices
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 Bend Web Design 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. Bend Web Design reserves the right to terminate Client accounts that refuse to meet Bend Web Design’s security requirements for Client’s website.
25. Design Time/Service Contract
26. Monthly Hosting Agreement
27. Domain Names
Domain names purchased by Bend Web Design on Client’s behalf and website designs, databases, stores, or programs created by Bend Web Design are the property of Bend Web Design until Client has paid all fees including one full year of monthly hosting. . 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. Bend Web Design expressly reserves the right to retain a 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 Bend Web Design has met in full its obligation to Client, and Bend Web Design 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. Bend Web Design reserves the right to transfer domain name(s) to Client at anytime. Upon receipt of any legal action or intellectual property disputes Bend Web Design may transfer domain name to Client at anytime Domain names are purchased through a third party service on Client’s behalf. Bend Web Design 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 Bend Web Design will assist the Client in selecting and purchasing an alternate domain name. If Client ceases to pay monthly hosting or other fees due ownership of any domain names purchased by Bend Web Design on Client’s behalf or controlled by Bend Web Design are transferred to Bend Web Design. Bend Web Design may allow domain name to expire, may renew domain name and remain the owner, or Bend Web Design may sell the domain name at its sole discretion and for Bend Web Design’s sole benefit.
28. Marketing Representations
29. 90-Day Satisfaction Guarantee
30. Billing Policy
Monthly hosting and additional services fees may be billed on the 1st or 15th of each month to coincide with Bend Web Design’s 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.
Bend Web Design reserves the right to change prices at any time including monthly hosting amounts and hourly design fees. All prices are in U.S. Dollars (USD) without regard to fluctuations in foreign exchange rates.
Bend Web Design accepts payment via wire transfer, check, credit card and EFT debit from Client’s bank account. Upon Client’s authorization of payment to Bend Web Design 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 Bend Web Design’s billing department. Client should not email new billing information for security purposes.
Bend Web Design reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
31. Billing Disputes
If Client wishes to dispute a charge, Client must first contact Bend Web Design’s billing department and must allow 10 business days for a response. To avoid any dispute about Client’s attempt to contact Bend Web Design, Client must send the request in writing to:
Attn: Billing Department
Bend Web Design
1670 NE Northview Drive
Bend, Oregon 97701
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. 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, Bend Web Design, at its sole discretion, may suspend work on the website until the billing dispute has been resolved.
32. Termination/Cancellation of Services
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 Bend Web Design.
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 Bend Web Design 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 Bend Web Design 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
Bend Web Design
1670 NE Northview Drive
Bend, Oregon 97701
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.
33. Cancellation Effective Date
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 Bend Web Design 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 cancelled.
34. Cancellation Fee and Refund Policy
- A minimum of a 50% cancellation fee will be retained by Bend Web Design on cancelled accounts even if no work has been started and no content yet submitted by the Client.
- A minimum of a 75% cancellation fee will be retained by Bend Web Design on cancelled accounts if work has been presented to the Client or Bend Web Design has made multiple attempts to work with the Client and Client has not responded to those attempts.
- A 100% cancellation fee will be retained by Bend Web Design and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Bend Web Design. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.
- 100% cancellation fee will be retained and NO REFUND will be issued by Bend Web Design 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 Bend Web Design on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate Bend Web Design 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 Bend Web Design 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 cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Bend Web Design on all cancelled enhancement purchases if cancelled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Bend Web Design 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 cancelled.
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 Bend Web Design, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Bend Web Design’s its officers, owners, members, agents and employees.
35. Account Transfer
36. Bend Web Design Proprietary Rights
37. Use of Client Information
Client herby gives permission to Bend Web Design to use samples or links to Client’s custom website designed by Bend Web Design for marketing and advertising purposes, including but not limited to, use in Bend Web Design’s online portfolio.
38. Third-Party Services
39. Contract Service Providers
40. Disclaimer of Warranties
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Bend Web Design’s 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.
41. Limitation of Liability
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 Bend Web Design 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. Bend Web Design’s full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Bend Web Design.
42. Tort Claims and Other Claims
Bend Web Design
1670 NE Northview Drive
Bend, Oregon 97701
45. Contact Bend Web Design
46. Severability; Waiver
50. Electronic Signatures
51. Affiliated Companies, Name Change, Assignment of Servicing
53. General Information
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 Bend 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. The section titles in the TOS are for convenience only and have no legal or contractual effect.