Terms of Service (TOS)
Congratulations on choosing eCentrical Website Design!
- Acceptance of Terms
- Description of Service
- Electronic Delivery Policy
- Unacceptable Practices
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Miracle cures
- Fake documents
- Aids to pass drug tests or aids to pass lie detector tests
- Website Construction Procedure
- Client Approval
- Email Accounts
- Website Hosting Fees
- Website Maintenance
- Billing Policy
- Termination/Cancellation of Services
- Cancellation Fee and Refund Policy
- General Information
This Terms of Service (TOS) agreement is between you (Client) and eCentrical Web Design (DBA Unique Web Design).
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using eCentrical's services, including but not limited to submission of content to eCentrical'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 hte same force and effect as if Client had agreed to this TOS in writing.
eCentrical 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.ecentrical.com/TOS.html. Failure to comply with the TOS may result in account termination. By using eCentrical'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 eCentrical 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 eCentrical's services including the purchase of additional services or additional websites or accounts at a later date.
eCentrical designs and hosts websites and provides other website-related service, including, but not limited to, support and modification of website, e-commerce, flash, web-traffic reporting, database development, easy interface for updating the website, email accounts and additional website-related services. Client understands that eCentrical's services may include certain communications from eCentrical such as advertisements, notices, service announcements and newsletters.
eCentrical is a website-related business and communicates with its Clients electronically. When Client accepts this TOS, Client consents to receive electronically from eCentrical any notices, agreements, disclosures, or other communications (Notices). Client agrees that eCentrical may send electronic Notices in either of the following ways: 1) To the email address provided to eCentrical at the time of sale or 2) to the new email address account Client set up through eCentrical. Client agrees to check the designated email address regularly for Notices. Notices from eCentrical is effective when sent by eCentrical regardless of whether the Notice is read or received by Client.
As eCentrical strives to offer the very best service, there are certain guidelines and policies that must govern eCentrical's efforts and relationships with its clients. Practices taht are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of eCentrical's services. Such decisions are at the sole discretion of eCentrical. Unacceptable practices include, but are not limited to:
As a eCentrical 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 eCentrical harmless in the event of third parties' legal issues brought against Client for Client's business practices. eCentrical remains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. eCentrical 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 eCentrical 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.
With help and input from the Client, eCentrical will develop the website. Client must submit content to their respective account manager in digital format before work may begin on the development of the website. After content is submitted by the Client the website is developed. Client will have two weeks from the date of initial payment 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, Client may use their maintenance time to adjust content.
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.
Client is responsible for testing the functionality of the website upon eCentrical's request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, forms, buttons, payment functions, galleries, 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 eCentrical'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”.
In the event that eCentrical completes all of the work per the original sale, eCentrical 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.
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 their designated account manager.
Hosting is billed 2 weeks from the date of sale and is recurrently billed every month thereafter. Additional payment terms including a yearly or bi-yearly payment cycle is available upon request. Website Hosting Fees are paid prior to services rendered. Website Hosting may be cancelled with 14 days written notice. Monthly hosting amounts may vary depending upon the hosting package selected by Client.
Website Maintenance with the purchase of select maintenance plans. eCentrical maintenance includes HTML, CSS, and Graphic changes only. Other services will be billed at an hourly rate include, but are not limited to PHP, Database, eCommerce, and more.
Our basic plan of $39.99/month includes up to 5 hours of Website Maintenance time each year. Time is tracked on a monthly basis, and can roll over from month to month. All maintenance time is reset on January 1st of each year.
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.)
eCentrical reserves the right to change prices at any time including monthly hosting amounts and hourly design fees.
eCentical reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
eCentrical charges up to $25.00 fee for returned checks. If invoice payments are past due for over 45 days, eCentrical holds the right to suspend accounts and all other services provided. During the suspended time, service fees will still be incurred until written cancellation with 14 days prior notice.
eCentrical, 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 eCentrical believes Client has violated the TOS. eCentrical 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 eCentrical's services under any provision of this TOS may be effected without prior notice and that eCentrical may deactivate or delete Client’s account and all related information files. Client agrees that eCentrical shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. eCentrical 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 eCentrical. eCentrical also reserves the right to discontinue the designing of Client’s website at any time, at eCentrical's sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by eCentrical.
If the Client cancels an account before the work is completed or site is live, 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 eCentrical.
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date. 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 eCentrical 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 eCentrical 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: eCentrical - Cancellation Department, #250-414- No.3 Road, Richmond, BC, V6X 2C2 Canada
Requests may be emailed to your designated account manager.
WEBSITE DESIGN/DEVELOPMENT - Refunds of the fees paid for development of the website may be issued on accounts cancelled within 30 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 eCentrical 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 eCentrical on cancelled accounts if work has been presented to the Client; or eCentrical 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 eCentrical and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by eCentrical. 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 eCentrical 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 eCentrical on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate eCentrical 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 eCentrical and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, programming, logos, galleries, rollovers, maintenance time, domain names, etc.
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.
By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases eCentrical, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against eCentrical, its officers, owners, members, agents and employees.
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 eCentrical. 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.
