General Info. All liable expenses already incurred by HSEHosting or
those HSEHosting is liable to pay shall be paid by the client in full. If
cancellation and termination is done on the part of HSEHosting or occurs prior
to the design approval no cancellation fee will apply. However if the
cancellation and termination is done on the part of the client after design
approval the client will be liable to pay 75% of the remaining project balance.
In the event of cancellation and termination, HSEHosting retains ownership of
all copyright and any original artwork.
Copyrights & Trademarks. The client unconditionally guarantees that any
elements of text, graphics, photos, design, trademarks or other artwork
furnished to HSEHosting for inclusion in the project are owned by the client or
that the client has permission from the rightful owner to use each of these
elements, and will hold harmless, protect, indemnify and defend HSEHosting and
it’s subcontractors from any liability (including attorney’s fees and court
costs), including any claim or suit, threatened or actual, arising from the use
of such elements furnished by the client. It is the Client’s responsibility to
do a Trademark/Copyright search in order to register their logo as a company
Trademark. Learn more at: www.uspto.gov
Clients Alterations and Technical Support. There shall be no charges to
the client for revisions or corrections or additions made necessary be errors on
the part of HSEHosting. Any changes requested by the client before the approval
of the final draft are not considered client alterations but draft critiques.
The number of draft critiques will be determined prior. If more are needed a
charge of $65 per major revision round and $10 per minor revision round will
apply. Changes requested by the client after design approval and before or after
project completion shall be considered client’s alterations and will be charged
an hourly rate of $35. Any technical questions or issues will be forwarded to
our IT guy who will deal with them in the appropriate manner, he charges $50 an
hour. In both cases client must pay upfront, an hour at a time (unless stated
otherwise via email). If the client wishes to modify or enhance the site beyond
minor changes, HSEHosting shall be given first option to perform such
modifications and enhancements. In such cases a new order will be written up.
Legal Notices. The entire
risk as to the quality and performance of the completed project is with the
client. HSEHosting does not warrant that the functions contained in the project
will meet the clients requirements or expectations of site traffic or resulting
business or that the operation of the web pages will be uninterrupted and / or
error-free. HSEHosting will not be liable for costs incurred, compensation or
loss of earnings due to the failure to meet agreed deadlines. All web sites at
time of completion will be compatible with the latest versions of Internet
Explorer and Mozilla Firefox, HSEHosting is not be held responsible for any
functionality or design errors that may occur with the use of any other browser.
HSEHosting is not to be held responsible for the function of the favicon, load
times, or any other errors occurring due to reasons beyond HSEHosting’ control.
In no event will HSEHosting be liable to the client or any third-party for and
damages, including lost profits, lost savings or other incidental consequential
or special damages arising out of the operation of or inability to operate the
project, failure of any services provides, of any telecommunication carrier, of
the internet backbone, of any internet servers, your or your sites visitor’s
computers or internet software, even if HSEHosting has been advised of the
possibility of such damages. If any provision shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed serviceable from
this agreement and shall not affect the validity and enforceability of any
Indemnification. Client agrees that it shall defend, indemnify, save
and hold HSEHosting harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney’s fees associated with
HSEHosting’s involvement in the client’s project. This includes Liabilities
asserted against the Developer, it’s subcontractors, it’s agents, its clients,
servants, officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by the
client, its agents, employee or assigns. Client also agrees to defend, indemnify
and hold harmless HSEHosting against Liabilities arising out of any injury to
person or property caused by any products or services sold or otherwise
distributed over the client’s web site. This includes infringing on the
proprietary rights of a third party, copyright infringement, and delivering any
defective product or misinformation which is detrimental to another person,
organization, or business.
Web Development & Design
Payments for custom development and design projects are made to us in increments
as a courtesy to the client. Once a payment or deposit is made, it
is non-refundable. If a project is canceled or postponed, all fees
paid are retained by HSEHosting and if applicable, a fee for all work completed
beyond what was already paid for shall be paid by the client (billed at the rate
Design costs paid to HSEHosting are non-refundable.
Printing costs paid to HSEHosting are refundable only if printing error is
determined to be our fault. We are not liable for damages incurred due to
printing errors or problems from our files if full specifications from your
printer were not provided or were incorrect/inaccurate, or if you supply the
wrong files to your printer (billed at the rate of $55/hour).
SEO Services (Pre-Paid only)
SEO services costs paid to HSEHosting are non-refundable (billed
at a rate of $125.00/hour). Any work performed under pre-paid time will be
itemized and emailed to you with a balance of time remaining on your plan to
help you keep track of what work you have received.
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a
credit card company or bank, your service and/or project will be suspended
without notice. A $50 chargeback fee (issued to recover fees passed on to us by
the credit company), plus any outstanding balances accrued as a result of the
chargeback(s) must be paid in full before service is restored, files delivered,
or any further work is done. Instead of issuing a chargeback, please contact us
to address any billing issues. Requesting a chargeback or opening a PayPal
dispute for a valid charge from us is fraud, and is never an
appropriate or legal means of obtaining a refund. Please read and make sure you
fully understand our refund policy prior to making any type of payment.
Payments for past months of web hosting are non-refundable. Hosting accounts are
set up at the time of order and are allotted a specific amount of server
resources, according to the plan purchased. If client did not make use of the
account, payment for services is still due. Hosting accounts are not canceled
until notice is received from the client, or until 15 days after due date of
payment not received. If client paid for hosting account for 6 or 12 months
ahead and cancels service before plan expiration date, a refund may be given for
the months not yet elapsed. If client received free products and/or services
with their hosting plan purchase, the value of the free services will be
deducted from the refund amount.
HSEHosting reserves the right disable and/or terminate a user’s account if a
user is found in violation of the AUP. Accounts terminated due to policy
violations will not be refunded.