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Development Terms and Conditions
Before continuing to use the services we offer, you must
accept the terms stated below. These terms SUPERCEED any terms stated
in written contracts to the client
The Web Design Terms of Service is an agreement between
evirtualworld and any user (client) or visitor who accesses web design
services, in any way, offered by evirtualworld and desires to
purchase the web design services as outlined in this website.
If you disagree with any part of the Terms of Service,
you disagree to its entirety and you may not purchase our web design
services.If you do purchase design services through Evirtualworld
and still refuse to pay for services or abide by its rules,
then you decline any rights or privelges to our software development
services and we retain the right to pursue collection services immediately.
If you do not agree to the Terms of Service and you
proceed to purchase Web Hosting services, you release all ownership to published
content, you release evirtualworld from liability in any situation,
you release evirtualworld from any responsibility to the purchase
of Web Hosting services, whether technical, physical, financial or otherwise.
Web Design: Terms of Service
- For new accounts 60% of the invoice value must be
paid prior to website design commencement of work, with the remaining balance payable 10
days after the initial invoice date. Any other fees coming due during the
course of the project will be billed to the client in a 10-day cycle.
- Evirtualworld only accepts MAJOR credit cards. Clients can send in
checks at the SOLE DISCRETION of evirtualworld.com. All Payments are made through
Evirtualworld's Customer Invoice System
- A website design will only be publicly released by evirtualworld
once the customer approves all site and web design as
complete and satisfactory and confirms this in writing.
- Evirtualworld reserves the right to cancel services at any time for any reason.
- Despite the best efforts of evirtualworld
errors in web page information will occur. At no time will
evirtualworld responsibility for accidentally including erroneous
web development information extend beyond correcting the error.
- Despite the best efforts of evirtualworld there might be delays
to development unforseen to evirtualworld. Evirtualworld reserves
the right to have delays to website design, web development and will inform the client of such delays
- If a customer discovers an error on their site, Evirtualworld.com
will immediately correct the error as soon as we are notified.
No charge will be levied for error corrections.However once the site is
completed as deemed by evirtualworld, all any corrections will be charged
- evirtualworld cannot be held liable for
loss or damage caused as a result of third party action or failure.
- Users are solely responsible for everything in their
website and evirtualworld does not verify, endorse, or take
responsibility for the contents of your web page. Therefore, we are not
responsible for any claims and expenses that may arise from illegal activity
that we are unaware of, nor do we claim liability for the contents of your
site.
- No refunds are provided whatsoever.
- Evirtualworld reserves the right to cancel web services and hosting
at any time for non payment of services. Non payment of services is determined
soley by evirtualworld. There is a $500 fine that evirtualworld reserves
the right to charge for non-payment of services (billable to the client)
greater than 90 calendar days
- If a client fails to acknowledge development work completed
on a web site prototype designed and developed by evirtualworld,
then the web developemnt work is deemed acceptable by the client
and evirtualworld reserves the right to deem the work completed.
If evirtualworld deems the work completed and the client does
not pay for services completed 90 days after worked deemed completed,
then collection services will be initiated against the client.
- Web sites do not look the same on all computers.
Colors, text size, etc. can look very different with different browsers and
different platforms. Although we do our best to provide cross browser and
cross platform compatibility, we cannot guarantee that your site will look
well on all browsers or on your computer.
- evirtualworld will not begin working on
a website design client's site until your downpayment has been received and cleared.
A client's site will not be published to the web until your full payment
has been received and cleared.
- The time estimated for your site to be completed is
never guaranteed. Quality is of primary importance when creating your site.
- If a check received from you for payment has
insufficient funds, the construction of your web pages will stop until the
payment, as well as a $35.00 NSF charge, has been sent to us. We will then
resume construction provided that the new check issued to us does clear with
sufficient funds.
- evirtualworld reserves the right to
change, update and append this agreement as necessary without notice.
- The opinions and views expressed on evirtualworld
customer web document(s) do not necessarily represent those of
evirtualworld and evirtualworld does not verify,
endorse, or vouch for the content of such page(s). evirtualworld
is not responsible for the delivery or quality of any goods or
services sold or advertised through or on evirtualworld
customer's web documents(s). This agreement gives evirtualworld
the right to arrange, shape, design, and implement the owners domain, web
documents, including Html, Java, Javascript, Perl, C, C+, CC++, Web Bots, and
any other coding languages or programs used in a reasonable manner
consistent with the owners employed desires.
- evirtualworld has no obligation to
review web web development document, message-board postings, or chat room statements in any
way before those materials appear on evirtualworld service.
Although evirtualworld does actively monitor its web sites for
quality, evirtualworld does not monitor all content. We
reserve the right to monitor, and to investigate any complaints regarding
any content on evirtualworld web documents, message-board
postings, advertisements, or any chat room statements and to take
appropriate action if evirtualworld finds violations of these
Terms of Service. In the case of any such complaint, evirtualworld
reserves the right to remove the content complained of while the
evirtualworld customer and the complaining party attempt to
resolve their dispute. This could result in your web document(s) being
removed from evirtualworld service for as long as it takes to
resolve the dispute. For the purpose of web document construction,
display, advertising and promotion you grant to evirtualworld
and its affiliates a royalty-free, perpetual, irrevocable,
nonexclusive, worldwide, unrestricted license to use, copy, modify,
transmit, distribute, and publicly perform or display the submitted or
requested content for design and advertising purposes by means of any and
all media; and you agree to indemnify and hold evirtualworld
harmless from any loss, liability, claim, damage, and expense (including
reasonable attorney(s) fees) arising from or related to the content, use,
service interruption, web document inaccessibility, or deletion of a
customers web documents or use of any other evirtualworld
feature or service.
- In the event customer web documents are held legally
liable for any cause customer agrees to, in no way shape or form whatsoever,
hold evirtualworld liable in for any damages or other
liabilities. This is to say that evirtualworld will not be held
liable under any circumstances for any type loss including, profit loss,
damages, fees, or acts of god that may result in any type of loss to a
evirtualworld customer or customers associated business,
organization, or entity. evirtualworld assumes no liability for
disruptions of any evirtualworld service, including but not
limited to, vandalism, theft, phone service outages, Internet disruptions,
loss of data, extreme or severe weather conditions or any other causes in
the nature of "ACTS OF GOD" or force or nature. evirtualworld
shall not be responsible for consequential damages or punitive or
exemplary damages under any circumstances. This is to say that in no case
shall a customer be entitled to recover damages from evirtualworld
. In no event will evirtualworld be liable for any
damages, including, without limitation, direct, indirect, incidental,
special, consequential, or punitive damages arising out of the use of or
inability to use evirtualworld services or any content thereon.
This disclaimer applies, without limitation, to any damages or injury,
whether for breach of contract, tort, or otherwise, caused by any failure of
performance; error; omission; interruption; deletion; defect; delay in
operation or transmission; computer virus; file corruption;
communication-line failure; network or system outage; or theft, destruction,
unauthorized access to, alteration of, or use of any record.
- Website Maintenance: general site maintenance is
billed at the rate of $150.00 per hour, in third of hour increments.
Site
maintenance is payable in full in advance of work performed. General site
maintenance includes (but is not limited to) text updates, photo updates,
image modification, content update and creation, site troubleshooting, link
additions and customer fulfillment services. Ongoing maintenance plans are
available in 10-hour increments monthly, at half the normal hourly rate.
- Cancellation of web design / web maintenance contract: A $500 fee is incurred if a client wishes to cancel a web maintenance / web site hosting services provided by evirtualworld. All web site / web maintenance contracts are provided on a 2 month basis and expire 60 calendar days from the date of last invoice as deemed by evirtualworld.com.
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