Terms

Website Development, Ongoing Support & Internet Marketing

All Graphic Design, Web Design & Development and Ongoing services provided by ADVISOR DESIGNS are subject to the following terms and conditions.
Estimates
Estimates provided to prospects will be honored for 48 hours. A new estimate will then be provided upon request.

Charges & Fees
All projects exceeding $300.00 require an initial 50% non-refundable deposit that is due upon the date the estimate is accepted by the client and converted to the initial project invoice.

For projects completed within 30 days after the date of the invoice, the balance will be due upon the completion of the project or 30 days from the date of the invoice, whichever occurs first.

For projects not completed within 60 days, a milestone payment in the sum of the invoice balance is due 60 days from the date of the invoice and then every 30 days after that. 30-day interval milestone payments are the sum of the invoice balance and due every 30 days until the project is complete.

Payment in full must be received before the project is released to the client or published to the Internet using the client’s domain name.

Any check payments that do not clear will be charged a $45 fee. ADVISOR DESIGNS retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)

Payments
ADVISOR DESIGNS accepts payments via Check and Intuit Payment Network. Your project will not be released to you or uploaded until full payment is received.

Hours of Operation
Our business hours are Monday-Friday from 9am-5pm Pacific Time. If you require rush assistance or maintenance not scheduled with Advisor Designs ahead of time or after business hours such as evenings, weekends or holidays, you will be charged our base rate of $150 per hour with an additional charge of $60 per hour.

Web Site Design Credit

All ADVISOR DESIGNS web design clients will have a Design by: ADVISOR DESIGNS link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay ADVISOR DESIGNS a fee of $350 to have this link permanently removed.

Copyright & Ownership
Upon completion of the project and payment in full, ADVISOR DESIGNS transfers all rights and ownership of CUSTOM designs and programming written by ADVISOR DESIGNS to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

Ownership and copyright of all WordPress Theme Templates remain with ADVISOR DESIGNS and are not transferred to the client.

ADVISOR DESIGNS reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by ADVISOR DESIGNS but not in legal use by the client.

ADVISOR DESIGNS reserves the right to display websites and graphics that have been designed by ADVISOR DESIGNS on their website, and in any marketing material to aid as examples of our work.

Refunds
ADVISOR DESIGNS requires a non-refundable deposit before we begin work on any project. A request to terminate services must be presented to ADVISOR DESIGNS in writing. ADVISOR DESIGNS has a Guaranteed 90 Day Turnaround for your project. If we fail to complete your project within 90 days of the start date AND you have turned in all client deliverables, content, images and information requested by us, you will receive a 25% refund within 30 days of your written request. Otherwise, please follow the refund terms below.

Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.

Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.

Development & Delivery
ADVISOR DESIGNS understands the importance of completing projects in a timely manner. We agree to complete projects within 90 days from the date all client deliverables have been received by ADVISOR DESIGNS. If the client does not supply ADVISOR DESIGNS with complete text, graphic content and other requested materials for the project within 90 days of estimate acceptance, the estimate becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to ADVISOR DESIGNS for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between ADVISOR DESIGNS and the client.

Non-Communication
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Liability
Services purchased from ADVISOR DESIGNS are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall ADVISOR DESIGNS be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

International Customers
We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via wire transfer. This is non-negotiable.

Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Exclusive jurisdiction and venue is as governed in the district court of Thurston County, Olympia, Washington.

Acceptance
Please note that by accepting our estimate for our services you are agreeing to all of our terms of service as written here. ADVISOR DESIGNS reserves the right to change or update these terms at any time without prior notice.

Ongoing Support & Internet Marketing Services

Are subject to the above terms and are paid on a yearly, monthly or hourly basis.

Graphic Design, Print Ad, Logo & Label Design Projects

Being an all-digital design shop means that you are responsible for providing us with all artwork corrections for your pre-published or pre-print Ads and Labels. Please note that it makes good sense to check your designs (and spelling) before print approval – corrections or modifications made after the approval/proofing stage will incur extra charges, as we need to make design changes and repeat the entire pre-press process to incorporate the new files.
In summary ADVISOR DESIGNS and our artists have done everything possible to make the artwork and files perfect. However, ADVISOR DESIGNS and its designers/affiliates are not responsible for its final approval, so please be sure to check all copy, dimensions and color specifications.

User Agreement & Hosting Terms of Service

The use of services from CUSTOM E-ADVISOR PAGES, LLC, [hereafter referred to as “ADVISOR DESIGNS”] constitutes agreement to these terms.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address that is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Transfers
Our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

We no longer offer a FREE Transfer service with Sign-up. Please contact us with specific details to receive a price quote for website transfers.

2.) Content
All services provided by ADVISOR DESIGNS may only be used for lawful purposes. The laws of the State of Washington, State of California, State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless ADVISOR DESIGNS from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Examples of unacceptable material on all servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Using a server hosting account as a backup/storage device is not permitted, with the exception of one WordPress BackupWordPress plugin backup of the same account domain.

Examples of unacceptable material on servers include:

Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

ADVISOR DESIGNS services including all related equipment, networks and network devices are provided only for authorized customer use. ADVISOR DESIGNS systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of ADVISOR DESIGNS system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us via our contact form or email and we will assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account that results in our IP space being blacklisted will be immediately suspended and/or terminated.

ADVISOR DESIGNS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

ADVISOR DESIGNS reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of ADVISOR DESIGNS.

4.) Payment Information
You agree to supply appropriate payment for the services received from ADVISOR DESIGNS, in advance of the time period during which such services are provided. You agree that until and unless you notify ADVISOR DESIGNS of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in or via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. We will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the confirmation email within a few hours after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service be done in writing. Client cancellation is confirmation in writing you are prepared for all files/emails to be removed, and (c) document the request. This process ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of ADVISOR DESIGNS, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. ADVISOR DESIGNS provides a 15-day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 30 days and not paid will result in a $50 late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision, please contact advisordesignssales@gmail.com

ADVISOR DESIGNS reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of the service is at your sole risk. ADVISOR DESIGNS is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on ADVISOR DESIGNS servers.

6.) Cancellations and Refunds
ADVISOR DESIGNS reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time in writing or via email.

The all payments are non-refundable, and refunds will be posted as credit.

There are no refunds on servers, administrative fees, install fees for custom software, or domain name purchases.

7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
h) Run cron entries with intervals of less than 15 minutes

7b.) INODES
The use of more than 20,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 20,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file (a webpage, image file, email, etc.) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Uptime Guarantee
If your server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of ADVISOR DESIGNS dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the server that may differ from the uptime reported by other individual services. To request a credit, please contact advisordesignssales@gmail.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to ADVISOR DESIGNS' hosted website solutions.

10.) Price Change
We reserve the right to change prices listed on our company website.

11.) Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold ADVISOR DESIGNS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ADVISOR DESIGNS, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ADVISOR DESIGNS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ADVISOR DESIGNS; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ADVISOR DESIGNS’ server.

12b.) Arbitration
By using any ADVISOR DESIGNS services, you agree to submit to binding arbitration. If any disputes or claims arise against ADVISOR DESIGNS or its subsidiaries, such disputes will be handled by an arbitrator ADVISOR DESIGNS’ choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

13.) Disclaimer
ADVISOR DESIGNS shall not be responsible for any damages your business may suffer. ADVISOR DESIGNS makes no warranties of any kind, expressed or implied for services we provide. ADVISOR DESIGNS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ADVISOR DESIGNS and its employees.

14.) Disclosure to law enforcement
ADVISOR DESIGNS may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

We will cooperate fully with law enforcement agencies.

14.) Changes to the Terms of Services
ADVISOR DESIGNS reserves the right to revise its policies at any time without notice.

Website Development & Ongoing Support

POST LAUNCH & INITIAL WEBSITE SUPPORT (Now that your new website is online)
Any and all website related changes, questions, updates and support issues post launch are billed in 15-minute increments, at our normal hourly rate of $150/hour (Our hourly rate is subject to change without written notice).

ONGOING MAINTENANCE, WEBSITE SUPPORT & INTERNET MARKETING

Hourly rate support can include but are not limited to the following: Phone & Email Support, Basic Website Changes & Updates, Tutorial and Training Sessions, Monthly Website & Database Backup, Email Configuration & Management, Website Management, Blog Management & Moderation, Social Networking Management & Moderation, Search Engine Optimization (SEO), Pay Per Click Management, eNewsletter & Mailing List Management, eCommerce & Product Management.

THINGS YOU CAN DO (My Website is Online! Now What?)

Q: When Can I Expect to See Improved Results in the Search Engines?

A: You will most likely see your website appear in searches within 2-4 weeks. However every search engine is different and none of them provide any guarantees that they will search your site and index it by a certain date. In most cases we see the search engines adding new websites to their results within two weeks, and noticing changes to existing websites in 2-3 weeks. However, it can take 3-4 months to really start moving up the ranks on Google’s index as well as Bing, Yahoo and others.

Q: What Can I Do Next?

A: Keeping your website at the top of the search engine charts. There is always new competition and after time, if you’re not careful your website can be pushed down in the ranks of the search engines. To avoid this, you can contact us to assist you in keeping your website continually up-to-date with the current SEO techniques and other Internet marketing strategies.

Q: What can I do to help my Website’s Search Engine Rank on my Own?

A: Post to your Blog regularly; Add new content to your website — When writing content, be sure to use relevant keywords & phrases; Share your blog articles & web pages on the social media sites; Tell your friends about your web site and ask if they will link to your site or promote it else where on the web IE: Facebook