Kris Voelker Designs Terms of Service
Kris Voelker Designs, other wise stated here as the Service and you, otherwise stated here as the Client.
- Initial agreement by phone, fax, e-mail or in person will result in the creation of an electronic and hard copy of these terms of service to be signed by both the Service and the Client. This will serve as the contract, legal and binding. If you choose not to mail the contract, you can express in writing via e-mail that you accept the terms and conditions of the contract.
- Upon receipt of the signed contract and the agreed upon deposit ($100 minimum) for site design, (check or money order made payable to Kris Voelker, in US dollars, or PayPal) from the Client for services to be rendered by the Service, work will commence. Both parties will retain a copy of the contract.
- The Client may at any time request a progress report and view the work for inspection, as the Service may also ask the Client for periodic inspection of the work in progress for approval.
- Upon completion of the project, the Client will review the final product for approval and submit any changes. After final approval, the remaining fee for services rendered will be due. Upon receipt of the balance due, the product will be uploaded to the Client’s server. This will be considered the official launch date of the site.
- Receipt of the balance due acknowledges acceptance of the final product. Once the final product is uploaded onto the Client’s server, no refunds will be issued.
- The Service will assist the Client with site layout, domain name registration, and choosing a host server.
- Minor updates (link additions, minor text additions) will be done at no additional charge for three (3) weeks after launch date. Standard maintenance after three (3) weeks will be billed at $40 per hour. Major changes (page redos, page additions) will be charged by price-per-page. E-commerce enabled sites will be charged $40 per hour for shopping cart configuration, above and beyond any price-per-page fee.
- The Service will use images (photos) provided by the Client and/or custom graphics. Images provided by the Client must be free of copyright, unless copyright is held by the Client and permission is given to the Service to use them.
- Large amounts of text (as determined by agreement between the Service and the Client) will be provided by the Client via electronic document; otherwise a fee of $40 per hour, billed to the nearest quarter hour will be assessed for time spent manually entering text.
- No additional charges outside the initial package agreement covered in the terms of service will apply unless circumstances cause a need and will NOT be added without consent from the Client.
- The Service will do it’s best to provide the Client with a 100% satisfactory product. If at any time the Client becomes dissatisfied with the product, prior to final upload, the Client will request, in writing, that the Service discontinue work on the product and a refund of the initial deposit, less 10% for time dedicated to the Client, will be sent to the Client. This will indicate the termination of the contract. Upon termination, the Client will have no rights to ownership of any products provided by the Service that have been previewed.
- Web design service fees are separate from domain name registration fees, Internet Service Provider fees, hosting fees or dial-up fees. All of these costs are the responsibility of the Client. The Service is not responsible or liable for any damages that may occur to the Client for use of any outside services.
- The Service is not responsible for down time experienced by the host server of the Client.
- The Service will place a link from the Client’s site to Kris Voelker Designs and list the Client in the Portfolio of Kris Voelker Designs. This can benefit the Client as an additional marketing tool by drawing potential customers to the Client’s site.
- Although Kris Voelker Designs respects freedom of speech and expression, Clients requesting the Service to create sites that are pornographic, hateful, racist, lewd, harmful, for the promotion of illegal activities or otherwise offensive will be not be accepted
USE OF KRIS VOELKER DESIGNS SERVICES
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL KRIS VOELKER DESIGNS OR ANY OWNERS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, ASSOCIATES, AFFILIATES, FAMILY MEMBERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, INFORMATION COLLECTED FROM, OR PRODUCTS AND SERVICES PROVIDED BY OR ON BEHALF OF A WEBSITE CREATED OR MAINTAINED BY KRIS VOELKER DESIGNS.
WHILE IT IS THE SOLE PURPOSE OF KRIS VOELKER DESIGNS TO PROVIDE A SATISFACTORY, FUNCTIONAL WEBSITE AS REQUESTED BY THE CLIENT, KRIS VOELKER DESIGNS MAKES NO CLAIMS AS TO THE SUCCESS, USABILITY, SEARCH ENGINE RANKINGS, USE OR INTERPRETATION OF INFORMATION, SUITABILITY, RELIABILITY, TIMELINESS, ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON A WEBSITE CREATED OR MAINTAINED BY KRIS VOELKER DESIGNS.
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY KRIS VOELKER DESIGNS SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT.
KRIS VOELKER DESIGNS ASSUMES NO RISK OR RESPONSIBILITY FOR USE OF ANY OF THE CONTENT PROVIDED ON SITES CREATED OR MAINTAINED BY KRIS VOELKER DESIGNS
KRIS VOELKER DESIGNS WILL NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- ANY USE OR INABILITY TO USE A SITE CREATED OR MAINTAINED, OR A SITE LINKED TO OR FROM A SITE CREATED OR MAINTAINED BY KRIS VOELKER DESIGNS;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM A SITE CREATED OR MAINTAINED, A SITE LINKED TO OR FROM A SITE CREATED OR MAINTAINED BY KRIS VOELKER DESIGNS;
- ANY USE OR MISUSE OF SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM A SITE CREATED OR MAINTAINED, OR A SITE LINKED TO OR FROM A SITE CREATED OR MAINTAINED BY KRIS VOELKER DESIGNS;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON A SITE CREATED OR MAINTAINED, OR A SITE LINKED TO OR FROM A SITE CREATED OR MAINTAINED BY KRIS VOELKER DESIGNS.
FURTHER, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, INTERPRETATION, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A WEBSITE CREATED OR MAINTAINED AND/OR BY A SITE LINKED TO OR FROM A SITE CREATED OR MAINTAINED KRIS VOELKER DESIGNS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. KRIS VOELKER DESIGNS IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
Kris Voelker Designs is committed to honoring the privacy of our clients and visitors requesting information. Only information that the Client specifies, will be used on the Client’s web site. Information that is collected that will not be used on the Client’s web site is held in strict confidence. This information will not be released or sold to any third party for any reason unless permission is granted from the Client. The release of certain information, as required to submit the Client’s site to search engines and directories, will be done so only after permission is granted from the Client.