Design Services Terms and Conditions
The following terms and conditions apply to all website and graphic design services offered by Rendering Effects and its suppliers. By ordering design services from Rendering Effects you are agreeing to the following terms and conditions.
Last Updated: 1st July 2008
- Project Acceptance or Refusal: We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to US laws. The acceptance of a commission shall be deemed as a contractual agreement between the client and Rendering Effects and agreement to the terms and conditions herein.
- Project Timeframe: Rendering Effects cannot always guarantee to start work immediately on a commission, but will arrange a date with the client as to when work can commence. Rendering Effects accepts no responsibility for delays caused by suppliers or contributors including, but not limited to, contributions that are to be made by the client. If a delivery schedule is not explicitly stated in the specification then Rendering Effects will deliver the commissioned body of work within a reasonable time according to the amount of work necessary to complete the commission.
- Quotes and Proposals: Rendering Effects will produce a detailed proposal and specification for the commission in collaboration with the client. When engaging the services of Rendering Effects the proposal and specification is deemed to be the full body of work to be completed. If, following approval of the specification and during the website development process the client wishes to make changes to the specified work then Rendering Effects will produce a revised quotation that defines any extra charges to be incurred. Acceptance of this further quotation will be taken as agreement to commission a seperate body of work from that defined in the original proposal and will not supercede or cancel the original agreement except when explicitly stated. Quotations for services will be valid for one calendar month from the date of invoice. All quotations are excluding tax which will be applied at the rate applicable at the time invoices are raised.
- Intellectual Property and Copyright: All material, both text and images, supplied by the client will remain the client's property. The client is responsible for securing all necessary licenses or permissions for content that is supplied to Rendering Effects. All such material supplied by the client will be assumed to be the property of the client and therefore free to use in any development without fear of breach of copyright laws.
The copyright for all material provided by Rendering Effects and its suppliers, such as code, graphics, photographs, images and text, will remain the property of Rendering Effects. Rendering Effects reserves the right to display our logo or name within the finished product. The Rendering Effects logo or name will be displayed at the bottom of every page within the site copyright. If you would like to have our name removed from your web pages this will need to be agreed upon at the beginning of the site design. The copyright text is a small size, and located on the bottom of the page. The text is colored similar to the background so that it is less noticeable.
- Technology: Rendering Effects makes every effort to design our websites to display correctly in standards compliant browsers by complying with the World Wide Web Consortium and using their automatic validation tools for HTML, XHTML and CSS. Rendering Effects cannot accept responsibility for pages which do not display correctly in new versions of browsers released after pages have been designed, or old browsers which are no longer supported. Rendering Effects can accept no responsibility or liability if any search engine, online directory or search site does not index the web site fully or display the web site in search results.
- Payment & Pricing: A payment of 25% of the full charges are due prior to starting work on a project. Rendering Effects will place the client's website on one of our demonstration servers during the development process so that the client may view the website's progress. When both Rendering Effects and the client agree that the website meets the criteria agreed upon during the commissioning process, another payment of 25% is then due. The client will then be billed for the remaining 50% after publishing the website to its the final server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload to their own server. The client assumes responsibilty for the upload to their own server.
All invoices are due within a maximum of 1 month unless stated otherwise. Any variation in payment terms will be clearly stated in the quotation for the body of work. Variation to the payment terms do not affect the remaining terms and conditions as described in the rest of this document. Any payment returned by the bank or credit card company will incur a $50 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
Any late payments made in relation to amounts owing to Rendering Effects and its suppliers that are received outside the 1 month invoicing period will be subject to a 5% interest in respect of each reminder letter or email sent. If any additional administration work or outside agency is used in collecting the debt then these costs will be added to the account.
Rendering Effects and its suppliers reserves the right to alter prices at any time without notice. If a client has commissioned any services from Rendering Effects and its suppliers prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
- Cancelation: If at any point during the website development process a client wishes to cancel, they may do so but will be invoiced an amount that Rendering Effects in it's sole judgment deems to be appropriate for the amount of work completed on the commission up to the point of cancellation. Rendering Effects will make every reasonable effort to supply the work done to the point of cancellation immediately following receipt of all outstanding payments. Rendering Effects will charge a reasonable fee for any extra time spent in transferring the work already completed to the client or any person or persons nominated by the client and include these in a final invoice prior to transfer of files. Rendering Effects will not be liable for support or further services to the client or their nominees unless arranged by agreement. If, during the website development process, the client does not supply the content required in order to complete the commission within a reasonable amount of time (2 months), Rendering Effects will consider that the client wishes to cancel the commission, and the above will then apply.
- Maintenance & Updates: Rendering Effects and its suppliers do not undertake to maintain or update a client's website as part of the design commission. If a client wishes Rendering Effects and its suppliers to maintain or update a web site as a separate commission, Rendering Effects offers a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
Hosting and Domain Registration Terms and Conditions
The following terms and conditions apply to all hosting and domain services offered by Rendering Effects and its suppliers. By ordering services from Rendering Effects and its suppliers you are agreeing to the following terms and conditions.
Last Updated: 1st July 2008
- General: Anyone who purchases web space from Rendering Effects and its suppliers is responsible for the content held in that allocated space. This includes obtaining legal permission for that content and ensuring that the content or any other actions they take in regard to their domain does not violate US or international law or the terms and conditions of our suppliers or partners (available on request). We reserve the right to cancel an account at any time, without prior notice. You are responsible for backing up any data that you put on our servers. We can not be held responsible for the loss of any data.
- Payment: You shall pay, on a pre-paid basis only, for the particular program you select our then published rate. If you fail to pre-pay, we will terminate your service at the end of your pre-paid period. You may choose the period to pre-pay. Although you may cancel your account at any time by giving us written notice of cancellation, there is no refund of any prepaid amounts with the exception of accounts meeting requirements of "30 Day Money Back Guarantee" (see below). Domain Registration fees are non-refundable. All payments are to be made in U.S. currency. In the event you violate any of our above provided policies or you fail to timely pay us and your service is terminated, then you will, in addition to all other fees, pay to us $100.00 if such violation results in a termination of your web site plus and additional $100 if you cause us to reinstate your web site. In addition, you shall pay a $20 processing fee if any check given to us is not honored and paid or if you cause any credit card payment to be reversed.
- Service Cancellation: To make a cancellation request, you will need to send an email requesting cancellation to Eric Rosol. If this is not possible, you may mail a cancellation request to Rendering Effects., N4823 12 Corners Rd, Black Creek, WI, 54106. You must include your Account Domain Name and Account Password for the account which you wish to cancel hosting for. We cannot accept cancellation requests over the phone for security reasons.
- Renewal: Hosting services are automatically renewed annually. It is the client's responsibility to cancel hosting in writing before the renewal date (one year from inital order or purchase and annually on that date in subsequent years). When any account is closed, all files for that account will be deleted.
- IP Addresses: Depending on the service plan your account is on it will have either a shared or dedicated IP address associated with it. We cannot guarantee this IP address will never change. We make a reasonable effort to avoid IP address changes but due to many factors including network changes it's not possible to guarantee. You will be given advanced e-mail notification if such a change ever does effect your account.
- Domain Names: Anyone applying to register a domain name must also comply with the terms and conditions of the registration organisation for that country's domain as detailed below. Domain registration fees are non-refundable if the domain specified proves to be unobtainable - an alternative domain is then chosen. If domain names are registered prior to payment, the domain remains the property of Rendering Effects and its suppliers until such time as any fees are paid. You, the client, may have full use of that domain name within the payment period specified in the invoice but we reserve the right to withdraw use of any domain name until the fees associated with it have been paid. Release of a domain name must be made in writing prior to the registration renewal date (one year from inital order or purchase and annually on that date in subsequent years for Top Level Domain Names and bi-annually for Sub Level Domain Names). Unless you specifically request otherwise your name will appear as the registrant. The address will be shown as C/o the registered address of Rendering Effects. Where certificates of ownership are issued by registration authorities they will be held at the registered address of Rendering Effects and will be supplied on receipt of a SAE.
- Contact Information: You shall provide us with true and correct contact information, shall correct any inaccurate information and assist us, from time to time, in verifying the accuracy of such information. You can use our online Account Maintenance form to keep your contact information current.
- Privacy and Passwords: Any account names and passwords allocated must not be divulged to any third parties and you should take reasonable action to ensure that it is not discovered or passed on to other persons. If you believe that your account details are known by others, then you should notify Rendering Effects or its suppliers immediately and request to have them changed. Any information you submit to Rendering Effects and its suppliers will be treated with the same care as we treat our own.
- CGI Scripts: Each Rendering Effects account comes fully equipped with its own pre-configured CGI scripts. You may use any CGI scripts provided with your account or add any additional ones you desire; provided, however, any of your CGI scripts that we determine adversely affects our server performance or our network integrity may be shut down without prior notice to you and prohibited from future use. CGI script sharing with domains not hosted by us is not allowed.
- IRC: We do not allow IRC or IRC bots to be operated on our servers.
- Spamming and Harmful Activities: Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, mail bombs, subscribing someone else to a mailing list with that person's permission, hacking, spoofing, or any similar activity. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. Spamming via other hosting facilities which in turn contain links to a domain on our network is also prohibited. We consider spam any mass unsolicited messages or similar activity. You may not use our services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. If we believe that you have violated this rule, we have the right to immediately, without notice, disable your domain and terminate service until we have acceptable assurance that you will abide by this rule. We similarly have the right to refuse or terminate service to you if we suspect that you will violate this policy. In addition, any site selling or promoting bulk e-mail services is also prohibited.
- Damaging Material: You may not use our services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging, defamatory, libelous, slanderous, scandalous, private information or injurious to persons or property which, directly or indirectly, may be used to create danger, damage or injury to persons or property, nor may you use our services or serves to inflict emotional distress make unlawful threats, stalk, interfere with any contract or prospective relationships or engage in sexual or other harassment. We reserve the right to suspend your hosting services or to remove any material that is deemed inappropriate or that is not within statutory requirements from your pages, without prior notice.
- Infringement: You may not use our services or servers to post or disseminate in any manner, any information or material which infringes the intellectual property rights or other proprietary rights of any third party, including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used with proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works and videos. You shall comply with the Digital Millennium copyright Act ("DMCA"). Please contact us regarding DMCA notifications of claimed copyright infringements
- Fraudulent Activities: You may not offer or disseminate fraudulent goods, services, schemes or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes) or fraudulently use any information obtained through the use of our servers or services, including, without limitation, unauthorized use of credit card numbers.
- Server Abuse: Any act or attempt to undermine or cause harm to our servers, computers or clients is prohibited.
Unauthorized Use of Other People's Accounts or Computers Any unauthorized use or attempted use of an internet account or computer of ours or our other clients is prohibited. Such acts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, etc. - Warrantees Disclaimer: You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.