Terms And Conditions

These terms apply to all website and digital marketing services ("Services") provided by Easy Biz Sites ("EBS").

1. Services

EBS agrees to provide you, the customer, with the Services shown on the invoice, checkout page, or estimate you receive before the project begins ("Initial Invoice"). You acknowledge and agree that unless expressly stated, no other services will be provided by EBS.

1. Hosting Services - These points only apply to websites hosted on the EBS servers. EBS has no control of and will not perform any action on any other servers unless otherwise stated.
1. For Any Websites, a complete copy of the static files that make up the Customer's website may be requested 1 year after inital setup. Files will not be granted until the Customer pays all outstanding Fees and Invoices. The request must be made by the contact email that we have on file. Once the request is made, the Customer will have access to a zip file of everything your site contains including and media files. This will not include any Content Managment Systems used on your website. This will be available within 3 business days. The file will only be available for 1 week.
2. EBS does not keep backup copies of the Customer's website file unless they have a backup and restore service with EBS. If the Customer's website is compromised and they do not have a backup service, EBS is not responsible for any costs incurred to restore the website. This service will be stated on your Initial Invoice.
3. EBS is not responsible for monitoring the Customer's website to make sure it is online and in good working order unless the Customer has an uptime monitoring service with EBS. This service will be stated on your Initial Invoice.
2. Once the final payment is made on any design work, unless otherwise stated, no more work will be done on the project without incurring additional costs. This includes anything not completed that was on the estimate or invoice. By paying for the work, you signify that you have reviewed the finished product, it was completed to your satisfaction, and it is in full working order. If the project does not require a final payment, you will be required to send a confirmation email before the project is live and files are handed over. This email acts as the final payment referenced above.
3. Managed or Pre-paid Website Services
1. Managed or Pre-paid Website Services are on a per-domain basis and can only be applied to the domain the service is for.
2. Managed or Pre-paid Website Services do not roll over and any requests not completed in the current billing cycle will be billed towards the next billing cycle's allotted time.
3. Managed or Pre-paid Website Services can only be applied to changes on the website. Any changes made off of the website will be billed at EBS's hourly rate. They cannot be used for content generation or stock image procurement.
4. Domain Services - All domains that are managed by EBS registrars can be transferred to any other registrar of the Customer's choosing. The transfer code to move the domain will not be granted until you pay all outstanding Fees and Invoices. The request must be made by the contact email that is on file and EBS will provide an Auth-Info code within 3 business days.

2. Term and Termination

The term of any project or service begins on the Initial Payment Date and will continue until terminated as set forth herein. Any project or service may be terminated by EBS, if you the Customer are in default regarding any material obligation in the project or service and the default is not cured within thirty (30) days of receipt of the notice. Any project or service may be terminated by EBS (i) immediately if you the Customer fail to timely pay any fees; or (ii) if you fail to cooperate with EBS or hinders EBS's ability to perform Services. The Customer may terminate this Agreement by providing written notice to EBS at least thirty (30) days in advance of the desired termination date, you will still be required to pay any outstanding fees or invoices for any project. Upon completion of all outstanding Statements of Work (SOWs), EBS may terminate the project or service.

3. Payment

1. For all design work totaling more than $600, EBS requires an initial deposit of 50% of the initial estimate. This is required to be paid before any work begins. The final 50% is due at the end of the project before the project goes live and before any content is handed off to you the client. Any additional fees will be added to the final invoice.
2. For any other services or design work totaling less than $600, the total amount, unless otherwise specified, must be paid in full before any work begins.
3. We reserve the right to charge late fees on all overdue invoices. The late fee is $50 or 10% of the invoice whichever is greater on any invoice that is 15 days past due.
4. DS accepts Credit Cards and Paper Checks.
5. When paying with a credit card, you agree to allow EBS to save your credit card for future use at time of payment. After the payment has processed you will have the option to delete your credit card information from your account at any time.

Paper checks can be mailed to:
25060 Hancock Ave., Suite 103-143,
Murrieta, CA 92562

4. Fees, Limitations on Refunds, and Cancellation Fees

Fees, Limitations on Refunds, and Cancellation Fees – You agree to pay EBS any and all fee(s) set forth in any project or service. THE CUSTOMER FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS PROJECT OR SERVICE BY CUSTOMER, AND EXCEPT FOR MATERIAL BREACH ON THE PART OF DS, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES WHATSOEVER. UPON CANCELLATION, CUSTOMER AGREES TO PAY THE FEES OR OTHER AMOUNTS DUE TO EBS AS PROVIDED IN THE PROJECT OR SERVICE.

5. Your Responsibilities

For the purposes of providing Services, the Customer agrees:

• To provide EBS with direct account access for the purpose of performing Services.
• To authorize EBS use of all Customer's logos, trademarks, Web site images, etc., for use in creating pages and any other uses as deemed necessary by EBS for search engine positioning and optimization.

6. Your Acknowledgements

You understand, acknowledge, and agree that:

• DS 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. Your website(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. EBS will resubmit those pages that have been dropped from the index one time at no additional charge. Additional submissions, if requested, will incur additional charges.
• Some search engines and directories may take as long as two (2) to four (4) months, and in some cases longer, after submission to actively crawl and index Customer's website(s). Occasionally, search engines and directories will stop accepting submissions for an indefinite period of time. Occasionally, search engines and directories will drop listings for no apparent or predictable reason. Often, listings will "reappear" without any additional submissions. Should the listing not reappear, EBS will re-submit the website(s) one time based on the current policies of the search engine or directory in question at no additional charge. Additional submissions, if requested, will incur additional charges.
• DS shall have a royalty-free limited license to display portions of your website(s) as part of EBS' portfolio of completed work.
• Some search engines and directories offer expedited listing services for a fee. You are responsible for all expedited service fees.

7. Website Changes

DS is not responsible for changes made to your website(s) by other parties that adversely affect the functionality, look, or search engine or directory rankings of your website(s).

8. Additional Services

Services not listed in the project or service may be added upon request, a new estimate will be given for any additional work before any additional work is done.

LEGAL STUFF

Unfortunately we need to include some legalese in our terms, we don't like it, you don't like reading it, but to protect both of us, it needs to be here. Please read it.

9. Indemnification

You shall indemnify and hold harmless EBS (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, reasonable attorneys' fees and all related costs and expenses) incurred by EBS as a result of any claim, judgment, or adjudication against EBS 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 you to EBS (the "Customers Content"), or (b) a claim that EBS's use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, EBS must: (i) give you prompt written notice of a claim; and (ii) allow the you to control, and fully cooperate with you in, the defense and all related negotiations.

10. Disclaimer of Warranties

EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, EBS 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 AND EBS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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.

11. Limited Liability

IN NO EVENT SHALL EBS BE LIABLE TO YOU THE 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.

12. Your Representations

You represent and warrant:

• That any elements of text, graphics, photos, designs, trademarks, or other artwork provided to EBS for inclusion in the Services are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend EBS and its subcontractors from any liability or suit arising from the use of such elements.
• You shall comply with laws and regulations affecting Internet electronic commerce and will hold harmless, protect, and defend EBS and its subcontractors from any claim, suit, penalty, tax, or tariff arising from your exercise of Internet electronic commerce.

13. 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. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process.

14. 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. 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.

15. Relationship of Parties

The parties shall be deemed independent contractors and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. In no way is either party to be construed as the agent or to be acting as the agent of the other party in any respect, any other provisions of this Agreement notwithstanding.

16. Notice and Payment

Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party, mailed by certified, registered or Express mail, return receipt requested or by Federal Express. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.

17. Jurisdiction/Disputes

This Agreement shall be governed in accordance with the laws of the State of Arizona. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Arizona including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

18. Waiver

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

19. Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

20. No Inference Against Author

No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

21. Disputes

You and EBS agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation.

22. Modification

DS may, at any time, and at our sole discretion, modify these Terms and Conditions, including our Privacy Policy, with or without notice to the You. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.

23. Read and Understood

You acknowledge that you have read and understand this Agreement and agree to be bound by these terms and conditions.