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Congratulations on choosing HIT Web Design!
1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and Heritage™ Web
Design, LLC (Heritage, HWS or HIT), a Utah limited liability company, and its
legal successors and assigns. Heritage may do business under the names Heritage™
Web Solutions (HWS), Heritage™ Internet Technologies (HIT), or HIT Web Design,
among others.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by
using HIT's services, including but not limited to, submission of content to
HIT'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.
HIT 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.hitwebdesign.com/tos.html.
Failure to comply with the TOS may result in account termination. By using HIT'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 HIT 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 HIT services including the
purchase of additional services or additional websites or accounts at a later
date.
2. Description of Service
HIT 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 HIT's services may include certain communications from HIT such
as advertisements, notices, service announcements and newsletters. Client is
responsible for obtaining access to HIT's 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 HIT's
services.
3. Electronic Delivery Policy
HIT is a website-related business and communicates with its Clients
electronically. When Client accepts this TOS Client consents to receive
electronically from HIT any notices, agreements, disclosures, or other
communications (Notices). Client agrees that HIT may send electronic Notices in
either of the following ways 1) To the email address provided to HIT at the time
of sale or 2) to the new email address account Client set up through HIT. Client
agrees to check the designated email addresses regularly for Notices. Notice
from HIT is effective when sent by HIT, regardless of whether the Notice is read
or received by Client.
4. Privacy Policy
Personal data and certain other information about the Client are subject to
HIT's Privacy Policy. For more information see the privacy policy at
http://www.hitwebdesign.com/privacy.html. By using HIT's services Client
also agrees to the most current version of HIT's Privacy Policy.
5. Call Monitoring and Recording Privacy Statement
As part of HIT's commitment to providing the best possible service HIT may
monitor and record phone calls answered by HIT and made by HIT. HIT may also
archive recorded voice mail messages. HIT 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 HIT to identify how HIT can better serve its customers.
6. Unacceptable Practices
As HIT strives to offer the very best service, there are certain guidelines and
policies that must govern HIT's 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 HIT's services. Such
decisions are at the sole discretion of HIT. Unacceptable practices include, but
are not limited to:
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Adult or pornographic material including, but
not limited to, sexually explicit or suggestive material
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Sexually oriented products or services (e.g.
escort services), or other sexually oriented material
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Nudity, including airbrushing (exceptions
granted on a case-by-case basis if for medical or artistic purposes)
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Lingerie websites
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Offensive or otherwise distasteful material
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Content or language that is harmful to minors
in any way
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Bulk emailing tools
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Distribution of internet viruses or other
harmful or destructive activities
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Hacking and cracking
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Scams or phishing for personal information
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Solicitation of funds other than for legal
charitable organization (exceptions granted on a case-by-case basis at HIT's
discretion)
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Gambling, gaming, lotteries, and like
activities
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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
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Defamatory, hateful or revenge content or
language.
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Aids to pass drug tests or aids to pass lie
detector tests.
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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
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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
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Reverse Funnel Systems
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Cash Gifting
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Illegal drugs or drug paraphernalia
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Prescription drugs and related content
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Alcohol sales
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Tobacco sales
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Miracle cures
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Fake documents
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Fireworks, pyrotechnics, firearms, explosives
or weapons.
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Intentional or unintentional violations of
any applicable local, state, national or international law.
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Reselling of email accounts or hosting
accounts to third parties.
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Reselling of any HIT services including, but
not limited to, design services, updates, and WTD to third parties without a
written re-seller agreement.
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Spamming and all other forms of unsolicited
messages including, but not limited to, spam, chain letters, and junk email
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Links to other sites that are in violation of
HIT Web Design’s policies and guidelines
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Other activities, whether lawful or unlawful,
that HIT deems to be in poor taste or that reflect adversely on HIT or HIT's
other clients
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HIT reserves the right to refuse to design or
host an account at its sole discretion at anytime.
As an HIT 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 HIT harmless in the event of third parties’ legal issues brought against
Client for Client’s business practices. HIT retains the right to terminate any
accounts that are in violation with the letter or spirit of this TOS. HIT 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 HIT 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 HIT 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 HIT may or may not pre-screen content. HIT 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 HIT or not, including any
reliance upon accuracy, usefulness or completeness.
Client acknowledges that HIT 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 HIT and the public.
7. Intellectual Property Policy
HIT respects intellectual property laws, including those applicable to copyright
and trademark, and the intellectual property of others. HIT may terminate
accounts for copyright or trademark infringement, or for any other reason HIT
deems appropriate as it may relate to Client’s use of another’s intellectual
property. If you believe your work has been copied and is accessible on an HIT's
website please see HIT's Intellectual Property Policy at http://www.hitwebdesign.com/ipp.html
HIT 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 HIT 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 HIT will remain the intellectual property of the
Client. HIT 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. HIT will attempt to honor requests
to return original content; however, HIT has no liability and does not guarantee
the return of any content to Client.
Domain names purchased by HIT and website designs, databases, stores, or
programs created by HIT are the property of HIT 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 HIT's services Client will be causing
communications to be sent through HIT's 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 HIT's
services results in interstate data transmissions and may result in transborder
transfer of personal data. Client hereby consents to the collection, processing
and transborder transfer of such personal information as Client may provide or
make available to HIT.
10. Website Construction Procedure
With help and input from the Client, HIT 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 HIT 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 HIT's 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 HIT QC team may
review the text before site goes live to correct any possible errors. HIT 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 HIT 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 HIT 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 HIT's
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 HIT's 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 HIT'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 HIT completes all of the work per the original sale and
database write ups, HIT 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.
12. Website Change Requests Before and After Website Goes Live
HIT 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 HIT's standard hourly
rate. HIT is not obligated to complete Client requests or changes outside of the
scope of work on the original invoice. If HIT does not agree to Client requests
or changes, Client is still obligated to pay all fees incurred and due.
13. Database/Programming
HIT does not guarantee a time frame for completion of ANY custom database or
custom programming completed by HIT or an HIT Partner. If database is completed
by HIT A custom “Database Specifications Summary” may be presented to the
Client. HIT 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 HIT 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 HIT's
standard hourly rate. There is no guarantee that changes made by HIT 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 HIT'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.
HIT 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 HIT to enter data into the database, the
Client will be charged, and agrees to pay, for such data entry at HIT's standard
data entry rates.
14. E-commerce/Stores
Client is required to submit store content via HIT's content spreadsheet. HIT
will input up to 20 products free of charge. The Client will be provided with
instructions to input any additional products into the store. If the Client
requests HIT to enter additional products exceeding the original 20, the Client
will be charged, and agrees to pay, for each product added to the store at HIT's
standard product-entry rates. 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 HIT's standard hourly rate for
requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon
HIT's request for approval and notification that the website has been completed.
This includes but is not limited to testing the payment functionality. HIT 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 HIT will proceed
with the development as outlined. Once work has begun on enhancements purchased
by the client there is No Refund if cancelled. 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.
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 HIT 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 HIT 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 HIT and Client’s timely cooperation with HIT in any
solicitation for information related to the website’s development.
If expedited service is offered to Client by HIT, 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 HIT 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 HIT with
requested information in a timely manner, HIT 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 HIT 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
HIT. 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. HIT 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 cancelled 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
support@hitwebdesign.com
19. Technical Support
HIT's technical support department should be contacted at
support@hitwebdesign.com for any
concerns with Client email accounts or any problems with hosting or
functionality of the website after the website is live. HIT provides technical
support for email and down time issues that are caused by HIT. 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 HIT's hourly rate and that HIT may charge Client’s account for such
technical support fees.
If Client uses HIT's technical support services, including but not limited to
screen share sessions, Client acknowledges and understands that HIT 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
HIT Web Design strives to offer the best service available. Customer
service complaints or concerns should be emailed to
service@hitwebdesign.com
21. Use and Storage
Client acknowledges that HIT may establish general guidelines and limits
concerning use of HIT's 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
HIT's servers on Client’s behalf. , Client acknowledges that HIT 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 HIT may be lost if data loss occurs after a scheduled backup by HIT.
22. Server Security Practices
HIT utilizes security practices that comply with standards set by the Payment
Card Industry (PCI) in maintaining its servers. HIT will not modify its
shared-hosting server settings and configurations to Client’s individual
preferences. HIT 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.
HIT 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 HIT 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 HIT 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. HIT reserves the right to terminate
Client accounts that refuse to meet HIT's security requirements for Client’s
website.
23. Design Time/Service Contract
Client may wish to make changes or updates to the live website that HIT is
hosting. Most changes can be made using HIT's 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 HIT 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.
HIT is not responsible for any changes Client makes to website, or if Client
breaks the website. Time required by HIT to repair changes made by Client will
be billed to Client at HIT's standard hourly rate or HIT 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 HIT.
25. Domain Names
Domain names purchased by HIT and website designs, databases, stores, or
programs created by HIT are the property of HIT 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. HIT 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 HIT has met in full its obligation to Client, and
HIT 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. HIT reserves the right to transfer domain name(s) to Client at anytime.
Upon receipt of any legal action or intellectual property disputes HIT 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. HIT 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 HIT 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, HIT 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 HIT 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 HIT. HIT may allow domain
name to expire, may renew domain name and remain the owner, or HIT may sell the
domain name at its’ sole discretion and for HIT's sole benefit.
26. Marketing Representations
HIT makes no representations as to the marketing of Client’s products, services
or sales. Client’s obligation to pay fees due to HIT 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. HIT is not responsible for marketing of Client’s website including
search engine rankings.
27. 90-Day Satisfaction Guarantee
HIT Web Design provides a 90-day satisfaction guarantee. HIT 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 HIT's standard hourly rate over and above the initial design fee paid.
HIT does not guarantee that the website designed will be exactly what the client
has envisioned. HIT's best effort will be given for the 90-day satisfaction
guarantee but HIT is not obligated to complete multiple redesigns or
modifications. While HIT may agree to make requested changes and to bill the
Client’s design time or bill the Client directly, HIT is not obligated to
complete Client requests or changes outside of the 90-day satisfaction period.
If HIT 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 HIT 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 HIT'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.
HIT reserves the right to change prices at any time including monthly hosting
amounts and hourly design fees.
HIT accepts payment via wire transfer, check, credit card and EFT debit from
Client’s bank account. Upon Client’s authorization of payment to HIT 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
HIT's billing department. Client should not email new billing information for
security purposes.
HIT 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
HIT charges up to a $25.00 fee for returned checks. If HIT does not receive payment in full when
due, HIT 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. HIT 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 HIT for collecting from Client. HIT 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 HIT's billing
department and must allow 10 business days for a response. To avoid any dispute
about Client’s attempt to contact HIT, Client must send the request in writing
to:
Attn: Billing Department, HIT Web Design, 1460 Moonriver Dr, Provo UT
84604.
Requests may be emailed to
billing@hitwebdesign.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, HIT, at its
sole discretion, may suspend work on the website until the billing dispute has
been resolved.
30. Termination/Cancellation of Services
HIT, 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 HIT believes Client has violated the TOS. HIT 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 HIT's
services under any provision of this TOS may be effected without prior notice
and that HIT may deactivate or delete Client’s account and all related
information files. Client agrees that HIT shall not be liable to Client or any
third-party for any termination of services. Paid accounts that are terminated
will not be refunded. HIT 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 HIT. 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. HIT also reserves the right to discontinue the designing of Client’s
website at any time, at HIT's sole discretion, with an appropriate refund to the
Client. Under no circumstances is the refunded amount to exceed the amount
collected by HIT.
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 HIT.
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 HIT 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 HIT 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, HIT Web Design, 1460 Moonriver Dr, Provo Ut
84604
Requests may be emailed to
cancel@hitwebdesign.com. 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 HIT's 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 HIT 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.
32. Cancellation Fee and Refund Policy
WEBSITE DESIGN/DEVELOPMENT - Refunds of the fees paid for development of the
website may be issued on accounts cancelled 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 HIT on cancelled
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 HIT on cancelled
accounts if work has been presented to the Client; or HIT 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 HIT and NO REFUND issued if any
changes and/or modifications requested by the Client have been completed by HIT.
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.
D) 100% cancellation fee will be retained and NO REFUND will be issued by HIT 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 HIT on all cancelled accounts even if no work has been
started. The cancellation fee is charged to compensate HIT 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 HIT 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 HIT 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 HIT
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 HIT, its officers, owners,
members, agents and employees of any and all contractual obligations and waives
all claims of any nature, including legal action, against HIT's 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 HIT 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 HIT's TOS by the new owner.
34. HIT Web Design Proprietary Rights
Client acknowledges and agrees that HIT's 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 HIT's services.
35. Use of Client Information
Client hereby agrees that any information or ideas submitted to HIT by any means
may be used by HIT without compensation or liability to Client for any purpose
whatsoever, including but not limited to, developing websites, databases,
e-commerce and developing, manufacturing and marketing other products. This
provision does not apply to Client content or to personal information that is
subject to HIT's Privacy Policy.
Client herby gives permission to HIT to use samples or links to Client’s custom
website designed by HIT for marketing and advertising purposes, including but
not limited to, use in HIT's online portfolio.
36. Third-Party Services
From time to time third parties may offer services or software to HIT's clients,
clients may request the use of third-party services or software, or HIT may
suggest the use of third-party services or software to its clients. Use of such
third-party services will be at Client’s own risk and subject to the terms and
conditions of those third parties. It is Client’s sole responsibility to ensure
that the use of third-party services or software complies with third-party terms
of use and licenses, these Terms of Service, and any and all applicable laws.
Client assumes full responsibility for, and releases HIT from, any and all
liability associated with the use of third-party services or software. HIT does
not represent nor warrant that use or access to any third-party services will be
compatible, uninterrupted, error free, without defects or that Client will be
able to access HIT's services. Client also agrees that HIT is under no
obligation to provide Client with any enhancements, updates, or fixes to make
HIT's services accessible through any third-party applications or services,
including third party hosting services. HIT is under no obligation whatsoever to
provide support or service for websites hosted on third party servers or non-HIT
servers.
37. Contract Service Providers
HIT 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 HIT employee directly for services. All payments for services
rendered must be made directly to HIT. 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 HIT's SERVICES IS AT CLIENT’S OWN RISK. HIT's SERVICES ARE
PROVIDED “AS IS”. HIT 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. HIT DISCLAIMS ANY WARRANTIES
REGARDING HIT's SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS,
THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. HIT DISCLAIMS
ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HIT's
SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. HIT DISCLAIMS ANY
WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR
WEBSITE. HIT DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED
THROUGH HIT's SERVICES, OR LINKS PROVIDED BY HIT's SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE PROVIDED BY HIT OR OBTAINED THROUGH LINKS PROVIDED THROUGH
HIT's SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF HIT'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.
39. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT HIT, 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 HIT 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 HIT's SERVICES, RELIANCE ON HIT's SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF HIT's 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 HIT's 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 HIT's 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 HIT's 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 HIT 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. HIT's full and complete
liability, for any reason whatsoever, shall be limited to the full refund of all
monies paid to HIT.
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 HIT, 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 HIT in Client’s individual capacity and not as a member of a
class.
41. Indemnification
Client agrees to defend, indemnify and hold harmless HIT, 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 HIT's 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 HIT 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 HIT, 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.
42. Notice
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.
HIT Web Design
1460 Moonriver Dr
Provo Ut 84604
Attn: President
43. Contact HIT Web Design
Client may contact HIT at 801-655-1600 M-F from 8:30 –5:00 MST. Client may visit
our website at www.hitwebdesign.com at
any time. Client may also email HIT at the following department email addresses:
44. Negative Comments/Slander
Client specifically agrees not to engage in negative comments or slander
regarding HIT, including but not limited to publishing, or causing to be
published, complaints or derogatory comments regarding HIT 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 HIT 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 hit to that website will be considered an individual breach
of this condition, and subject to additional liquidated damages of $100 per
occurrence. Further, HIT 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. HIT 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 HIT 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.
46. Jurisdiction
This agreement shall be governed exclusively by the laws of the State of Utah,
USA, without regard to any conflicts of law provisions thereof, as a contract
entered into and performed entirely within the State of Utah. 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 Utah, Counties of Utah or
Salt Lake, and the parties expressly consent to personal jurisdiction and venue
therein and waive any objection based on forum non conveniens or otherwise.
47. Arbitration
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 HIT. 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
HIT) as selected by HIT.
48. Governance
HIT 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 HIT so that HIT may perform services for the client, the same shall
constitute an electronic signature as defined by Utah’s Uniform Electronic
Transactions Act, Utah Code Ann. 46-4-101 et seq.
50. Affiliated Companies , Name Change, Assignment of Servicing
HIT 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 Heritage Web Design, LLC, it’s DBAs or any other affiliated companies, or any
condition, merger or acquisition of Heritage Web Design, LLC and shall be
automatically assigned to any successor entity of Heritage Web Design, LLC and
shall continue in effect thereafter in accordance with its terms.
51. Survival
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 HIT. 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 HIT 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.
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