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Vegas Web Design is wholly owned and operated by INTERTECH, Inc., a Nevada Corporation, and has registered with Clark County, Nevada to Do Business As “Vegas Web Design”.
Vegas Web Design requires that before any work commences on your website or consulting project, you must read and accept these terms of service (“Terms of Service”). By signing your Work Order or Project Proposal you acknowledge and agree to these Terms of Service.
WHEREAS, Vegas Web Design is internet website design company providing custom web development, web software integration, web consulting, programming, Paid Search/Pay Per Click (PPC) Management and search engine optimization (“SEO”) services.
WHEREAS, Customer (“you”,”client”, “customer”) seeks to engage Vegas Web Design for website design, development, programming, consulting, and or marketing purposes.
THEREFORE, in consideration of the mutual promises herein, the parties intending to be legally bound agree as follows:
Free consultation typically covers answering questions about Vegas Web Design services and helping clients decide if they want to hire Vegas Web Design to perform services. If a prospective client asks Vegas Web Design to “work” on a website, or deliver digital assets of any kind, this is billable time. Billable time includes not only making changes, but also doing research, reviewing website files or code and providing requested website assessments.
Vegas Web Design only accepts compensation in US dollars. Vegas Web Design does not accept trade for the services that a client might offer; this includes partnerships in a client’s business. Vegas Web Design accepts payments via credit cards/debit cards/ echecks through PayPal and accepts checks on a case-by-case basis.
Vegas Web Design staff work from home offices, and therefore do not have a setting in which it’s convenient and productive to meet face to face with clients. All communication with clients is typically done via phone, email, or online chat, and is billable time.
Until Vegas Web Design receives the initial payment, the assumption is that prospective clients are still shopping around for an agency to perform the work. Initial payments are a client’s way of telling Vegas Web Design they have engaged with Vegas Web Design to do work. All projects require an initial payment of half of the project cost. Initial payments are non refundable and considered as project set-up fees. Once an initial payment is received, the client is put into Vegas Web Design’s work queue. So if you would like Vegas Web Design to start working on your project “ASAP”, please make sure you submit the initial payment promptly in order to to get into the queue as quickly as possible.
Clients are responsible for providing all 3rd party account(s) access, subscriptions, services, assets, API access, and any other items deemed necessary for Vegas Web Design to perform the work listed in your contract with Vegas Web Design. All fees associated to 3rd party services required by Vegas Web Design to complete a project are the sole responsibility and liability of the Client. Vegas Web Design may not be held liable for any changes made by 3rd parties providers during the course of your project with Vegas Web Design. Clients are expected to notify Vegas Web Design immediately of any changes to 3rd party services as soon as they are aware of them. Examples of these changes include, but are not limited to: changes to their services, API’s, access levels, subscriptions, plans, prices or any other change that may affect the outcome of your project and are outside of the control of Vegas Web Design. A project that is un-completable by Vegas Web Design due to a 3rd party change may still be billed in full, or discounted at a rate set by the Management of Vegas Web Design.
Projects are considered “Completed” when: a client has approved the design for their project, all web pages have been developed according to the approved design and a the website is live on a development web server and available a customer to review. Once a project is “Completed” customers have up to 14 calendar days to supply inter-TECH, Inc with all final content such as text, images, videos, etc required to launch the website for public viewing. Final invoices for projects will be sent out after the 14 calendar day period expires regardless of project status.
All project payments terms are listed within the project scope section of the Work Order or Project Proposal. All payments are due upon receipt of invoice. Invoices are sent via email.
If payment for an invoice(s) is not received within 14 days, the client will be sent an email reminder and their project will be in risk of suspension.
If payment for an invoice(s) is not received within 30 days, the client will be sent a “past due” notice and work on the project will be suspended until the outstanding payment(s) are received. The client will also be sent reminder emails, and the client may be required to pre-pay for any future work requests.
If payment for an invoice(s) is not received within 60 days, the client will be charged a 5% late fee and sent updated invoice(s).
If payment for an invoice is not received within 180 days, the clients outstanding invoice(s) will be sent to a collection agency.
If, at any time, a client would like to terminate the project, Vegas Web Design will refund any unused hours, less any set-up fees or work performed. Please note that there are no refunds for time spent working on a client’s project.
Vegas Web Design may also terminate projects for clients who become unresponsive (not returning emails or phone calls). Any unused payment will be kept and available to the client in the form of credit.
When an initial payment is received from a client, the client is put at the end of the project queue. As current projects are completed, Vegas Web Design will go through the queue, in order of date of payments received, and check to see if clients are ready to start their project. If they are not ready to start, Vegas Web Design will move to the next client in the queue.
When working on a new website design, clients are typically billed hourly. Once a new website design or redesign is completed, any further work is considered maintenance. Maintenance work is billed at a lower rate, but has a 30 minute minimum charge per request. Multiple requests received the same day are considered the same request.
Vegas Web Design is compensated for work by a flat rate or an hourly fee for all digital design, marketing and programing. One benefit of this system is that clients completely own all output of services as soon as they have paid any outstanding balance. However, if you plan to have Vegas Web Design perform maintenance on your website after it’s completed – you should not attempt to change the website code yourself unless you have coordinated this with Vegas Web Design in advance. If you do change the code yourself, you do so at your own risk, and the files on Vegas Web Design computers are immediately invalidated by your changes and will be discarded in order to avoid accidental overwriting. To avoid accidental overwriting, if you change your website files yourself, you should notify Vegas Web Design, or you should change your FTP permissions so that Vegas Web Design no longer has access to your files.
Since Vegas Web Design bills for services, and the output of the work is immediately uploaded onto client’s webservers, Vegas Web Design is not responsible for archiving or guaranteeing the availability of those files. Clients are responsible for keeping backup copies of their website files in the event of an emergency. While Vegas Web Design may keep backup copies of work for its convenience, Vegas Web Design does not guarantee to keep client files for any length of time.
Due to security risks and data integrity risks we do not allow other development companies, marketing companies, outside developers, 3rd parties, or anyone other than our selected team members access to hosting accounts, cPanel accounts or remote file access (such as FTP/SFTP/SSH). This policy is in place in order to reduce the risk of data breaches, file permission changes and unintentional data loss.
Selecting a domain registrar and domain host are the responsibility of the client. Vegas Web Design is happy to recommend companies who offer these services (such as Hostgator) that Vegas Web Design has had good experiences with in the past. Paying for and renewing domain registrations and hosting are the responsibility of clients. This is gives clients complete control over their websites.
In addition to hourly rates, clients are responsible for all peripheral costs related to setting up e-commerce on their websites, which include, but not limited to, the following costs: e-commerce software licenses, modifications to the e-commerce software, SSL certificates, payment provider fees (gateway and merchant account setup fees and ongoing fees – these vary widely depending on who you choose as your payment provider), etc..
Clients are also responsible for “running” their online stores, which includes, but is not limited to: configuring product categories, adding products (including images, titles, descriptions), selecting and configuring shipping options, managing store orders, etc.
Vegas Web Design strives for excellence and wants all clients to be delighted with their experience with Vegas Web Design. To this end, all prospective clients and their projects are screened to ensure a good fit with interTech, Inc.’s skills and philosophy. iVegas Web Design in its sole discretion reserves the right to decline providing web services to anyone who is not a good match. interTech, Inc. also strives to improve the quality of the internet – and to this end, only works on websites for individuals and small businesses that are of benefit to the greater internet community. interTech, Inc. will ask you questions about the nature of your business. If Vegas Web Design discovers something objectionable about a project after a deposit is accepted, the unused portion of the deposit will be returned and the project will be terminated.
Vegas Web Design is proud of its work, and will typically add a link to its website in the footer of all client websites. Vegas Web Design may also use an image snapshot of your website with a short description and a link to your website on its portfolio page. If you, or another web developer you’ve hired, removes this link, you are required to notify Vegas Web Design and your website will be removed from Vegas Web Design’s portfolio. Removal of this link also indicates that you no longer wish to have Vegas Web Design perform maintenance on your website in the future.
In order to get your website finished in a timely manner and effectively manage workload, it’s important that you are able to respond to emails within a few days of receipt. If you’ve been emailed several times and haven’t responded in 14 days, you may lose your position in the work queue. If you have not responded in 30 days, your project may be terminated. Please advise if you are going to be away for a span during the web development time so that schedules can be planned accordingly.
Vegas Web Design shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by a customer on your website designed by Vegas Web Design. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold on your website.
Customer may only use Vegas Web Design services for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on your website.
You warrant that you have the right to use the applicable trademarks on your website, if any. You also warrant that any images you provide to iVegas Web Design for use on your website are not owned, copyrighted or trademarked by anyone else, and that if they are, you have obtained appropriate permission. You also warrant that all text content you provide to Vegas Web Design for use on your website is original work.
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All website design work is provided “as is” without warranty of any kind, either expressed or implied. Neither interTech, Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that interTech, Inc.’s service will be error free; nor do they make any warranty as to the results that may be obtained from having interTech, Inc. do website development or consulting work.
Search engines—such as Google—have their own proprietary algorithm for ranking websites for particular keywords, it is impossible for interTech, Inc. to guarantee any particular ranking for your website. It is likewise impossible for interTech, Inc. to guarantee that your Google AdWords campaign will create adequate and high quality traffic for your website. While Vegas Web Design strives to increase traffic to your website by following Google Quality Guidelines, there are many factors beyond Vegas Web Design’s control that impact your website’s ranking and subsequent traffic. Therefore Vegas Web Design does not guarantee any particular search engine ranking or website traffic.
In no event shall Vegas Web Design be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability of clients to use their website.
You expressly agree that use of interTech, Inc.’s services is at your sole risk and you will personally test and accept the results of the services promptly after the completion of the services by interTech, Inc..
Under no circumstances, including negligence, shall Vegas Web Design be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use your website; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to your records, programs or services. You hereby acknowledge that this paragraph shall apply to all work done by Vegas Web Design.
Customer agrees that it shall defend, indemnify, save and hold Vegas Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Vegas Web Design, its agents, its customers, servants 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 Vegas Web Design against Liabilities arising out of:
In any such indemnification action, Vegas Web Design shall have the right to engage its own counsel.
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