Welcome to WebsiteDesigner.com (“Landingpagedesigner” or “Site”) website and graphic design. We’re glad you chose us, and we wanted to let you know about these terms as they govern your use of the Site and the services we offer. Before you place an order, we require that you agree to these Terms of Service (“Terms” or “Agreement”).
For the purpose of these Terms of Service, the words “we,” “us,” “badass designers” refer to WebsiteDesigner.com. “You” means you, the person who is reading these Terms of Service. “Site” and “WebsiteDesigner.com” refer to our website, http://www.WebsiteDesigner.com.
2. ORDERS AND PAYMENT
When placing an order on WebsiteDesigner.com you will be required to fill out certain information, and in doing so you agree to only provide truthful and accurate information. Once you fill out your order form we may directly send you an invoice for the cost of the work, of which we will require payment in full before beginning any project. We are not liable if you fail to make any payment, whether or not we have sent an invoice for a project. All pricing on our site or in an invoice is subject to change at any time. If any additional work is requested, or if there are requests for modifications that are in excess of the norm, which Landingpagedesigner reserves the right to determine, then you shall be liable for any amounts incurred at Landingpagedesigner’s normal hourly rate or at a rate/fee agreed upon by both parties.
We reserve the right to cancel or modify any invoice or order, whether or not it has already been paid for, and for any reason. For example, some people may place an order and wait several days/weeks/months before making payment during which time we have raised our prices. If that happens you will be responsible for any increases in price and must pay that amount in full before we will begin work. This is merely an example, and does not include all the scenarios in which we may modify or terminate an order.
By placing an order you agree to pay for the services you requested, and that your credit card or other payment method will be honored. Although we may provide credit terms to certain people, we reserve the right to demand payment in full at any time. We retain any and all copyrights in any work we have done, and will not release or assign any interest in the intellectual property rights until we have been paid in full. We reserve the right to take any and all available actions against you, or others, for your failure to pay the amounts in full including, but not limited to, sending cease and desist notices, DMCA takedowns, or filing injunctions to protect our rights.
Once you have made payment or if we have extended credit to you once we have begun work, we are under no obligation to provide a refund and you remain responsible for any and all outstanding payments.
3. PROHIBITED CONDUCT
Certain actions may compromise the safety and quality of our Site. Therefore, the following is prohibited:
Deceive us when signing up to WebsiteDesigner.com, including misrepresenting whether you own any and all content you provide to us
Use any of our work to spam people or induce others to spam people
Hack, crack, phish, or otherwise compromise the security, safety, or privacy of WebsiteDesigner.com, its network, website, servers, or users.
Secret shop us
Infringe on other’s intellectual property rights, including copyrighted material and trademarks. Run any script or other program which is designed to search, index, or aggregate WebsiteDesigner.com without our express permission. Defraud others.
4. ADVERTISING AND FTC DISCLAIMERS Landingpagedesigner only designs based upon the specifications that we receive or the content you provide. We make no representations as to the legality of any claim, or whether any description of a product or service is accurate. It is your responsibility to vet any and all creative that is provided, as well as any final product that results, with your legal team. You agree to hold us harmless and indemnify us for any loss that may occur as a result of any dispute or issue that involves our work.
5. INTELLECTUAL PROPERTY As a user of WebsiteDesigner.com, you will be providing us with content. You agree that you own any and all intellectual property rights in the content you provide. You also agree that Landingpagedesigner may use any final work product, including the content you provided, in its portfolio and may aggregate, modify, or display it for commercial or noncommercial purposes on its site, in marketing materials, or other medium in which Landingpagedesigner may attract new clients. You agree to indemnify us for any damages resulting from any intellectual property rights that you infringe.
6. WAIVER The failure to enforce any provision of this Agreement will not constitute a waiver of this Agreement or of any breach that may occur or default.
7. INDEMNIFICIATION You agree that you will indemnify and defend Landingpagedesigner and its directors, officers, employees, agents, contractors against any liabilities, including reasonable attorneys’ fees and court fees and disbursements, which arise from or related to your use of WebsiteDesigner.com.
8. DISPUTE RESOLUTION
We recognize that our users may live in a number of different states or even countries with varying legal systems. So a few things: (1) By viewing or using WebsiteDesigner.com you agree that it is a passive website, which means we (WebsiteDesigner.com and its owners) are not subject to jurisdiction anywhere other than as outlined below; and (2) For the sake of keeping things uniform and running smoothly, we need to select one jurisdiction that we can agree to solve disputes in, regardless of where a user is located. Therefore, you agree that these Terms of Service, and any breaches of it, are deemed to occur in Victoria, British Columbia, Canada. Meaning, the laws which apply to these Terms of Service are those applicable in Victoria, British Columbia, Canada.
In addition to the above, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, IT IS PERMANENTLY BARRED.
9. SURVIVAL OF AGREEMENT If any part of this Agreement is struck down or held to be unenforceable, the rest of the Agreement shall remain in full force and effect with the provision that has been stricken having been removed.
10. WORK PRODUCT All pictures, audio, video, artistic works, website layout(s), links, code, and all works of authorship, including all worldwide rights therein under patent, copyright, trade secret, or other property right, created or developed by Landingpagedesigner pursuant to this Agreement (collectively “Work Product”) specifically for Client shall remain the sole and exclusive property of Landingpagedesigner unless and until the balance owed to Landingpagedesigner is paid in full. Any work that is considered “proprietary” will remain the intellectual property of Landingpagedesigner and once paid in full Client shall receive a non-exclusive, revocable, license to use the proprietary work of Landingpagedesigner.
11. COPYRIGHT INFRINGEMENT Landingpagedesigner is opposed to copyright infringement. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact:
The DMCA notice should identify the name of the copyright owner and if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on WebsiteDesigner.com, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must sign the notice, and if you send it by e-mail, an electronic signature is fine.
12. THIRD PARTY SHARING WebsiteDesigner.com may contain, or you may be sent to, third party content, such as music, videos, images, information, software, and other content belong to or originating from third parties, such as YouTube, Facebook, and MySpace. Landingpagedesigner is not responsible for this content, and any availability of the content on the Landingpagedesigner website does not imply our endorsement of it.
13. NO REFUNDS AND NO GUARANTEES Under no circumstances will Landingpagedesigner be obligated to refund any payments. Furthermore, you agree that our services are not guaranteed, meaning that our work may not produce the results you desire, make you rich, or drive traffic to your site.
14. NO WAIVER OF ENFORCEABILITY We at Landingpagedesigner can be a pretty easygoing crowd, so we may, in our discretion, let breaches of these Terms of Service slide. However, that doesn’t mean that we’re relinquishing any of our rights to raise a dispute over those breaches in the future. Any failure of Landingpagedesigner to enforce any portion of the Terms of Service against you or anybody else is not an indication that we won’t enforce them in the future, and the relevant terms should be considered to remain in effect.
15. FORCE MAJEURE Even if we would otherwise be responsible for damages, you agree not to hold us liable for any damages caused to you that arise from circumstances beyond our control, including but not limited to acts of God, war, terrorism, riots, insurrection, acts of civil or military authorities, zombie attacks, fire, floods, accidents, strikes, failure of communications, or shortages of transportation facilities, fuel, energy, labor, materials, or any other important infrastructure.
16. LIMITATIONS ON LIABILITY; WARRANTY
WebsiteDesigner.com, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, AND WE MAKE NO REPRESENTATIONS. THIS SUPERCEDES ANY CLAIMS MADE ORALLY OR ON OUR SITE. Landingpagedesigner MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE WebsiteDesigner.com WEBSITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH WebsiteDesigner.com, AND IN NO EVENT SHALL WebsiteDesigner.com OR ITS DESIGNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF WebsiteDesigner.com, ITS PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR DESIGNS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF Landingpagedesigner OR ITS DESIGNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Landingpagedesigner, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). WebsiteDesigner.com AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, GRAMMATICAL OR TYPOGRAPHIC ERRORS, PROBLEMS OR OTHER LIMITATIONS. Landingpagedesigner AND/OR ADVERTISER HAVE NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, DESIGNS, PROGRAMS, DATA AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS OR SERVICES AND Landingpagedesigner DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND Landingpagedesigner. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. Landingpagedesigner MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, MATERIALS, DESIGNS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Landingpagedesigner, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Landingpagedesigner AND/OR AFFILIATES’ LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
17. SERVICE, SUPPORT, AND OTHER ISSUES We are available Monday-Friday from 8am until 4pm PST. All requests for support, billing, or technical issues should be made directly through our site. Any and all information or conversations between Landingpagedesigner and you should be considered confidential. All prices or other materials that we provide are also considered confidential.
18. MONEY BACK GUARANTEE If for some reason, you think we suck and want your money back you must tell us upon viewing the first draft that you want a refund. There will be NO REFUNDS GIVEN AFTER ANY REVISIONS HAVE BEEN MADE OR CODING HAS STARTED.