TERMS AND CONDITIONS OF SERVICE
WEBSITE DESIGN
We provide a portfolio for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. If you have any questions or reservations, please contact us prior to making a payment.
WEBSITE MAINTENANCE
When adding new text and/or content to a page the client is responsible for providing all text and images (in digital format). Unused hours do not roll over to subsequent months. No refunds are provided for unused hours. There are absolutely no refunds for any fees related to website maintenance services. You may cancel or renew at any time. Avodah Web Solutions may terminate this agreement at any time with written notice to the client.
SEARCH ENGINE OPTIMIZATION
Customer understands, acknowledges, and agrees that Avodah Web Solutions has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer’s web site may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Some search engines and directories may take as long as two (2) to four (4) months, and in some cases longer, after commencement of plan to list and/or update Customer’s website. Occasionally, search engines and directories will drop listings for no apparent or predictable reason. Avodah Web Solutions is not responsible for changes made to Customer’s web site by other parties that adversely affect the search engine or directory rankings of Customer’s website.
PRINT MEDIA DESIGN
We are not liable for damages incurred due to printing errors or problems from our files if full specifications were not provided or were incorrect/inaccurate, or if you supply the wrong files to your printer. We provide the design files via email or online only. No actual items will be shipped to you.
INDEMNIFICATION
Customer shall indemnify and hold harmless Avodah Web Solutions (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, attorneys’ fees and all related costs and expenses). This includes any claims, damages, liabilities, costs, and expenses incurred by Avodah Web Solutions as a result of any claim, judgment, or adjudication against Avodah Web Solutions related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Avodah Web Solutions (the “Customer Content”), or (b) a claim that Avodah Web Solutions’ use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Avodah Web Solutions must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.
DISCLAIMER
AVODAH WEB SOLUTIONS DOES NOT WARRANT THAT ITS SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, AVODAH WEB SOLUTIONS PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
LIMITED LIABILITY
IN NO EVENT SHALL AVODAH WEB SOLUTIONS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. AVODAH WEB SOLUTIONS MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
CONFIDENTIALITY
The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.
PAYMENTS
Payments for services are made to us in full for projects/services with a value of less than $2,000.00. For projects/services that cost more, payments are made in increments, if need be, as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Avodah Web Solutions and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
LATE FEES
An administrative late fee of $10 will be charged to the clients account for any late payments.
FORCE MAJEURE
Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
By registering an account on the Avodah Web Solutions website you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.