Terms of Service
We don't want to get wrapped up in a bunch of legal mumbo jumbo, but it does make sense for any professional company to base its customer relationships upon a set of conditions. Therefore, we recommend that all our existing and potential clients familiarize themselves with these Terms of Service.
Rendering Effects, Inc., a Wisconsin corporation ("we") values our clients and wishes to provide them with the best possible design, hosting, and pc repair experience. To offer you the best service possible, you and our other clients need to accept and follow the policies and service agreements on this page. These policies and service agreements are intended to permit our service to be available to all our clients as consistently and efficiently as possible. By subscribing to, or utilizing our services, you agree to abide by and accept these policies and service agreement.
Please read the terms and conditions carefully but also contact us if you have any questions. We reserve the right to update these terms and conditions at any time without prior notice. The latest version of our terms and conditions can always be found here, on the terms page of our website.
Project Acceptance or Refusal: Rendering Effects reserves the right to refuse to construct a web website which we may judge as unfit due to content or otherwise. This includes, but is not limited by, websites containing adult oriented material, websites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and websites 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 separate 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 website 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 website 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.
Standards & Accessibility: 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 website does not index the web website fully or display the web website in search results.
Errors and Omissions: It is the CLIENT'S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Rendering Effects is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
Payment & Pricing: A payment of 25% of the full charges are due prior to starting work on a project. 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 website via a download (or cd-rom disk) for the client to upload to their own server. The client assumes responsibility 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.
Cancellation: 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 deems to be appropriate for the amount of work completed on the commission up to the point of cancellation. We will make every reasonable effort to supply the work done to the point of cancellation immediately following receipt of all outstanding payments. We 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 (3 months), we will assume that the client wishes to cancel the commission, and the above will then apply.
Maintenance & Updates: Rendering Effects does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Rendering Effects to maintain or update a web website as a separate commission, we offer a maintenance contract appropriate to the amount of work required. Web website maintenance may also be undertaken on a time and materials basis if the client so wishes.
Hosting and Domain
General: Anyone who purchases web space from Rendering Effects and our 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. 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 website plus and additional $100 if you cause us to reinstate your web website. 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 initial 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 organization 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 initial 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 website 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.
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.
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
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.
Governing Law and Jurisdiction This agreement shall be construed under the laws of the State of Wisconsin. In the event any dispute arises under this agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law. Any and all binding arbitration proceedings shall be undertaken as "fast track" proceedings and shall only be commenced in Outagamie County, Wisconsin. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of Wisconsin. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bound hereto.
Acceptance of Agreement
You acknowledge that you have read this agreement and agree to all it's terms and conditions. You have independently evaluated the desirability of the service and are not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.
Last Updated: May 10, 2013
When you visit our website, we automatically record some general (statistical) information about your visit. We use this information to improve the content of our website and analyze what pages people visit. None of the information collected is of a personal nature. Some examples of the information we receive are: Your server address, The date and time, The pages accessed and documents downloaded, The time spent on each page, The previous website viwebsited, The type of operating system and browser used.
We do not know your email address unless you give it to us. We only record your email address if you send us a message, either directly or by completing one of our online forms. Rendering Effects will not disclose your email address to any company, organization or person.