Payment for Services
You agree to pay all of our proper invoices for all installation charges, service fees and charges, equipment fees, and all other charges in connection with the services, including, but not limited to, fees for late payment and interest, charges for returned or “bounced” checks, reasonable attorneys fees in the event that we are required to retain counsel to enforce this agreement, and disconnection fees and early termination charges if we terminate this agreement because of your default. You will make all payments within 15 days of the date on our invoice or we may charge you interest on all past due amounts from the invoice date to the date of full payment at a rate that is the lesser of (i) 1.5% per month or (ii) the highest rate permitted by applicable law. If you dispute any of the charges on your bill, you must notify us immediately or, at the very least, no later than 30 days after the date on the disputed bill. All items not in dispute must be paid when due. Once the dispute is resolved, any appropriate adjustments due to you or to us will appear on the next bill. After the Term of the Plan I selected ends, you will automatically be renewed for the same Plan unless written notice is provided by 7 days prior to your next billing date. We may terminate any or all services, without additional notice if payment is not received when due. If, after termination, you desire to restart the services, you may be required to pay additional fees and deposits, and to prepay for the services.
Graphic Design Refund Policy
After a project is complete and you receive a copy of the finished product you are no longer entitled to a refund. We have no way of knowing if you will or will not use the finished product. Therefor we can not issue any kind of refund on completed website or graphic design projects. All Sales Are Final.
Web Design and Development
The number of pages, graphics, and scripts needed to complete the clients project will be determined by our current web design packages. If a custom package is needed then the number of pages, graphics, and scripts will be determined between Futzure Design Studio and the client at the time of consultation (in person / phone / email / instant messaging). Additional pages, graphics, or scripts needed during or after completion of the website shall be done for an extra fee determined by Futzure Design Studio.
Client is the owner of the finished website. However a small credit link to futzure.com will be placed in the footer (very bottom) of the website and is not to be removed under any circumstances even if another web design company or web designer makes modifications to the website. However you can request to have the link removed for a fee of forty dollars ($40.00).
Fees to Futzure Design Studio are due and payable on the following schedule: 50% upon starting the project and 50% when the project is completed. If the total amount of the project is less than $100, the total amount shall be paid upon starting the project. In case the client has not secured web space with a web host provider by the time the website is completed, the website may be delivered to the client on diskette or attached to an email message. Submitting the website to search engines and updating shall only occur after the final payment is made. All payments will be made in US funds.
If the client halts work and applies by registered letter or email for a refund within 30 days to Futzure Design Studio, work completed shall be billed at the hourly rate of twenty ($20.00) an hour and deducted from the down payment, the balance of which shall be returned to the client. If, at the time of the request for a refund, work has been completed beyond the amount covered by the down payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of the initial payment will be refunded unless written application is made within 30 days of making the initial payment.
SEO (Search Engine Optimization)
Futzure Design Studio has no control of the search results on 3rd party search engines such as Google, Bing, and Yahoo therefore Futzure Design Studio can not guarantee the specific placement of you website within search results. Furthermore, Futzure Design Studio has no affiliations or relationships with major search engines. However, Futzure Design Studio provides services and techniques that follow strict guidelines set forth by search engines such as Google and Bing. SEO is a process involving the application of specific techniques to your website that greatly increases the chance of your website being ranked high for specific keywords. Futzure Design Studio does not tell the search engines where to rank you nor does Futzure Design Studio pay search engines for rankings. Futzure Design Studio follows best practices through experience that will out-perform your competitors and place you as high as possible on the major search engines for your targeted keyword phrases.
Termination of Service
Your contract term is the same duration as your billing term when you originally signed up for service. The contract term will automatically renew each period unless the Termination of Service agreement is received by our billing department. Termination of service requires that a termination of service request be sent via email to office[at]futzure.com at least 7 days prior to your next billing date. Once the TOS has been received, we will process your request within 24 hours. Your account will be shut down on the day your contact expires. Futzure Design Studio reserves the right to terminate service of any account on either our shared, co-location or dedicated servers for any reason with or without notice. By signing up for Futzure Design Studio Web Hosting services, you agree to hold Futzure Design Studio completely free from any and all liability related to both the operation and termination of services including but not limited to loss of revenue, loss of access to resources, security breach of sensitive information, costs associated with transferring the account to another provider, repair cost, or development costs. If your web hosting account is suspended yet you would like to move your website to another web host we will move your website with no extra fee only after your outstanding balance is paid. You will not be permitted to backup, download, use, or access your web hosting account or files here in if your account has been suspended due to lack of payment.
Acts Beyond Our Control
We shall not be deemed in breach if our obligations are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of transportation or communication, third party nonperformance (including, without limitation, the failure or performance of common carriers, inter-exchange carriers, local exchange carriers, suppliers and subcontractors), or any other cause beyond our reasonable control.
Limitation of Liability
THE SERVICES HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, ABOUT OUR EQUIPMENT OR SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED, OR ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL, HOWEVER, REPAIR OR REPLACE AT NO CHARGE TO YOU ANY OF OUR EQUIPMENT THAT, IN OUR SOLE JUDGMENT, FAILS TO OPERATE PROPERLY BECAUSE OF A DEFECT OR ORDINARY WEAR AND TEAR. YOU ACKNOWLEDGE THAT WE DO NOT EXERCISE CONTROL OVER THE CONTENT OF INFORMATION PASSING THROUGH THE EQUIPMENT WITH THE SERVICES WE PROVIDE. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, OR NATURE OF THE INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE WILL NOT BE RESPONSIBLE FOR LOSS OF PROPERTY OR INJURY RESULTING FROM ANY DEFECT IN THE EQUIPMENT, ITS INSTALLATION, DISCONNECTION, OR OTHERWISE; OR FOR ANY SERVICE, SERVICE FAILURE, OR INTERRUPTION RESULTING FROM CIRCUMSTANCES BEYOND OUR CONTROL. OUR ONLY RESPONSIBILITY FOR ANY FAILURE OR INTERRUPTION OF SERVICES WILL BE TO CREDIT YOUR ACCOUNT IN ACCORDANCE WITH THE PROVISIONS OF THE SERVICE LEVEL AGREEMENT. IN NO EVENT SHALL OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT OF FEES PAID BY YOU IN THE APPLICABLE MONTH. WE SHALL IN NO EVENT BE LIABLE FOR (i) LOSS OF PROFITS OR GOODWILL, (ii) LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (iii) CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR CONTINGENT DAMAGES OF ANY KIND (WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE FOR ANY ACT OR OMISSION, STRICT LIABILITY, WARRANTY OR OTHERWISE), OR BECAUSE OF ANY DELAY BY US OR OUR AUTHORIZED REPRESENTATIVES IN PROVIDING THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.