Terms Of Service

Schedule A To Service Agreement

 

1. 1. Description of Parties and Services

 

1.1 Eliyahna Creative, LLC. (herein referred to as Company), is an Internet service providing Company that offers various services including web design, graphic design, and search engine submission, search engine optimization (SEO) for websites, marketing consulting, multimedia services, web promotion, and publishing, ad creation, and other services. Client (herein referred to as Client) is subject to the terms and conditions of this agreement as initiated by any purchase made for any service offered by the Company. The Company provides its service to the Client subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to the Client.

1.2 In order to use the services Client must obtain access to the Internet. Web Simple does not provide Internet access to the Client.

 

2. 2. Client Obligations

 

2.1 Client is obligated to provide accurate information regarding their billing and account details. If the Client provides any information that is untrue, inaccurate, unlawful, or incomplete, or if the Company has reason to suspect that said information is untrue, inaccurate, unlawful, or incomplete, services and/or contracts may be suspended or terminated with or without prior notice to the Client. All remaining contractual financial obligations will come due immediately upon service cancellation. Subscription payments will be processed approximately one month prior to the originating subscription signup date in order to ensure continuity of service(s). Prices are subject to change without notice. Current prices can be confirmed on the website or by phone at (530) 683-5463. Failure to complete subscription renewals when billed will result in account suspension, termination or deletion on the original subscription date.

2.2 In the event that financial information that the Client has disclosed is found to be inaccurate or payment remains due, services will be immediately terminated and fees will remain intact. The Company will use all legal means necessary to collect the resulting debt. Subscriptions that become past due (past due is defined as any date that exceeds one month prior to the original subscription date) a fee will be assessed on the account of $479.00 USD.

2.4 The Company reserves the right to change the terms of service agreement at any time without prior notice to the Client to which current terms of service would be enforceable on all current contracts. Services may be discontinued due to behavior deemed by the Company to be inappropriate or for any other reason with or without notice to the client with no refund processed for unused products, services, or agreements. Current terms of service agreement(s) can be found on the Company web site for viewing, printing, or downloading. It is the sole responsibility of the Client to obtain said information and to check the TOS (terms of service) web page for updates on a regular basis.

2.5 The Client acknowledges that due to the nature of labored services as an intangible commodity, the Company offers services on a non-refundable basis. All sales and point of purchase debts are final. Assets created by Web Simple are provided at a discounted rate because their value is factored into a long term relationship with the client. Removal of the Web Developer’s administrative login(s) or other efforts to block access to or obtain sole control over any files or Eliyahna Creative servers is a direct breach of contract that will result in immediate deletion of the clients account as well as discontinuation of all services whether paid or owed.

Initialized web design, prior to approval, shall not exceed 40 hours.

Additional changes to website will be counted as “additional changes” after website design approval has been submitted either verbally or via written statement.

2.6 The Company reserves the right to reject any content, web site, key phrase, or point of purchase contract. Any material breach of this TOS agreement by the Client shall result in a forfeiture of services and the collection of the entire remaining amount of the contract. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, services (or any part thereof) with or without notice. The Client agrees that The Company shall not be liable to the Client or to any third party for any modification, suspension or discontinuance of the Service. The Client agrees that The Company may, under certain circumstances and without prior notice, immediately terminate the Client’s account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by the Client (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by the Client in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by the Client in connection with the Services. Further, Client agrees that all terminations for cause shall be made in The Company’s sole discretion and that The Company shall not be liable to the Client or any third party for any termination of Client’s account, any associated email address, or access to the Service.

2.7 Client acknowledges that payment for all products and services are 100% due upon point of purchase in US dollars, or a currency of our choosing and is non-refundable.

2.8 In addition to all other restrictions under this agreement and the acceptable use policy, Client agrees to not use Company products and/or services to:

 

1. 1. a) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the online marketing services that the Company provides.

 

1. 1. b) Upload, post, email, or otherwise transmit any content that Client does not have the rights to transmit under any law or under contractual or fiduciary relationships.

 

2.9 Company is not liable for communication breakdown such as loss of Internet, web restrictions, server damage, technical difficulties, tampering, loss of contact between Company and Client, or any unforeseen acts of G-d.

2.10 Client agrees and acknowledges that initial contact given at point of purchase agreement is Client spokesman on behalf of Client purchases and is liable for Client purchases.

2.11 Client agrees and acknowledges that upon agreement to Terms of Service on original point of purchase account and contract, all other charges accumulated by Client will be enforceable via the original terms of service and purchase agreement. The Client therefore acknowledges that the Company has the right to use the signature from the point of purchase to approve all current and future purchases on Client’s behalf.

2.12 Changes and alterations to Client web sites; In order to keep Client web site rankings in top positions or to develop, create, and build links Company must have full FTP access to the Client’s web site server.

2.13 Client acknowledges the Company makes no guarantees.

2.14 SEO Links. Client authorizes Company to develop appropriate reciprocal links with other web sites.

2.15 Web Simple web design. Client understands and agrees that unlimited website design is limited to three mockups in completion, containing: a home page, and two subpages. Web design includes structure for content, Company is not responsible for content creation such as text, articles, blog pieces, photos, product photos, and videos unless Client purchases such services in addition to web design services.

2.16 Content Creation and Development. Client acknowledges and agrees that content creation is limited to contractual packages offered.

Subdomain hosting is not included with the Web Simple program, but can be added as an additional site at the current program rate.

All transactions must be completed on site. Websites on the Web Simple hosted server(s) may not forward transactional processing to any other site or host apart from the payment processor (ie, Paypal or Stripe).

Outside developers are not permitted to add or alter code on any Web Simple hosted site apart from blog Contributors. Damages caused by sharing administrative site or server access to outside parties will be covered by the client, not Web Simple developers or service providers and will be considered a breach of contract that may or may not cause immediate termination of services.

2.17 If the Client at the end of the service provided for the chosen package requires additional services, he/she will have the option to sign up for additional packages and agrees to pay for additional services rendered plus any other setup fees which are incurred.

2.18 Clients with outstanding past due balances are considered as “not in good standing”. Those clients who are deemed to be not in good standing may be charged for deals, discounts, or sales retroactively at the full current rate.

 

3. 3. Refunds.

 

3.1 Due to the nature of online marketing, web design, and web promotion, the Company does not offer any refunds on products or services. At any time, Client may cancel services, however, the Client shall remain liable to the entire contract amount whether services were used or not, prematurely terminated contracts or services, plus any legal or collection fees accrued. Once a client has moved their website domain to another host, all data including files and emails on the account will be deleted after 14 days, regardless of the account duration agreement.

3.3 Time constraints. Unless otherwise specified in writing by the Company, all point of purchase contracts will be considered completed upon notification via email or support ticket by Company. Any additional work will be considered out of scope of the initial point of purchase contract and will require payment as requested prior to publication.

3.4 Set-up fees. All setup fees that are incurred by services rendered are non-refundable.

3.5 Suspension and/or termination. If Client breaches any of the terms within this agreement including but not limited to the terms of this schedule, the acceptable use policy, or any other written policies implemented by the Company, the Company may at its sole and exclusive discretion suspend or terminate the Client’s services immediately without notice leaving all remaining fees and contract payments due upon termination. In addition, service fees may continue to accrue throughout the length of the contract(s).

3.6 The Company is never responsible for sales of the Client’s products or services or for traffic to Client’s website(s).

3.7 Unlimited coding and design plans have an hourly cap which is the limit on how much coding or graphic design can be used per month, per plan, and per year. Currently, the cap is set for 40 hours per year coding and 30 hours per year for graphic design services.

After a customer exceeds their hourly coding or graphic design cap, coding and graphic design will be done on a first come first serve basis which may add several days, weeks, or months to the time for completion. When cap delays apply, the deadline to completion of said project(s) will not be defined.

The time expiration on these hours is “unlimited” unless otherwise defined on the initial invoice.

3.8 On charges made after the initial point of purchase, the Client authorizes the Company to charge the Client’s credit card for all debt that is due the Client’s account without a signature. The client agrees that questions regarding all charges appearing on any credit card statement must be brought to the attention of the Company within 3 business days of the point of purchase, otherwise, the Client acknowledges the charge regardless of any outside agreement the Client may have with the credit provider. All chargebacks or disputed claims will terminate all services and result in bringing all debts under the contract due in full along with all court costs, attorney fees, and collection costs. The Company is not liable for the storage or transfer of any files or data on accounts where early termination or chargebacks have been recorded.

3.9 Any court proceedings must take place in Dover; DE and the client is responsible to travel to attend required proceedings.

3.10 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

1. 1. CLIENT’S USE OF THE SERVICE IS AT CLIENT’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
   2. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET THE CLIENT’S REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CLIENT THROUGH THE SERVICE WILL MEET CLIENT EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
   3. ANY MATERIAL OBTAINED WILL BE SOLELY THE CLIENT’S RESPONSIBILITY IN THE CASE OF ANY DAMAGE TO THE CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
   4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CLIENT FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
   5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF THE CLIENT, OR ANYONE IN THE CLIENT’S FAMILY, HAS AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY.

4 Privacy Policy

4.1 Registration Data and certain other Client information is subject to the Company Privacy Policy. Client understands that through use of the Service Client consents to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by The Company and its affiliates.

 

5. 5. Client Account Security

 

5.1 Client will receive a password and account designation upon completing the Service’s registration process. Client is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under your password or account. Client agrees to (a) immediately notify The Company of any unauthorized use of the password or account or any other breach of security, and (b) Client must be sure to exit from Client’s account at the end of each session with all diligence. The Company cannot and will not be liable for any loss or damage arising from Client’s failure to comply with this Section 5.

 

6. 6. Indemnity

 

6.1 Client agrees to indemnify and hold The Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content the Client submits, posts, transmits or otherwise makes available through the Service, Client’s use of the Service, connection to the Service, violation of the TOS, or violation of any rights of another.

7 No resale of products or services

7.1 Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Web Simple.com ID), use of the Service, or access to the Service.

 

8. 8. No Third-Party Beneficiaries

 

8.1 Client agrees that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

9 Trademark Information

9.1 Web Simple name, The Web Simple logo, trademarks and service marks and other The Company logos and product and service names are trademarks of The Company Inc. (the “The Company Marks”). Without The Company’s prior permission, Client agrees not to display or use in any manner the WebSimple.biz Marks.

10 General Information

10.1 Entire Agreement. The TOS constitutes the entire agreement between the Client and The Company and governs the Client’s use of the Service, superseding any prior agreements between the Client and The Company with respect to the Service. Client may also be subject to additional terms and conditions that may apply during use or purchase of certain other Company services, affiliate services, third-party content or third-party services.

10.2 Choice of Law and Forum. The TOS and the relationship between the Client and The Company shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The Client and The Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kent, Delaware.

10.3 Waiver and Severability of Terms. The failure of The Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

10.4 Right of Survivorship and Transferability. Client agrees that the Client’s account is transferable and any rights to the Company ID and services provided by the Company or contents within Client’s account are transferable or can be terminated upon death or loss of corporate charter. Upon receipt of the copy of a death certificate, the Client’s account may be terminated, and all contents therein permanently deleted.

10.5 Statute of Limitations. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10.4 The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

Our Guarantee

We guarantee that your project will be executed in a professional manner with great attention to detail. All issues or elements mentioned in your proposal will be completed in an efficient manner according to the time-frame allotted. You can count on us to provide maintenance and alterations in the future, as we’ve been working in the remote development field for more than twenty years. All digital media will be responsive to mobile devices where the payee alone is the owner of the licensed finished product(s).

 

Returns / Exchanges

As labor cannot be returned to the hands that worked after the work has been performed, total refunds are not normally available. Our team will work diligently to ensure that your finished product(s) is completed according to your requirements plus go over and above to provide a more than satisfactory result. Unused hours or services can be exchanged in some cases for alternative packages.

 

Cancellations / Refunds

Once our team’s calendars are scheduled for your project, payment is received and work begins, cancellation is not generally available. While the work can often be rescheduled, we cannot always guarantee specific dates will be open. Please ensure that your availability is confirmed for review sessions, meeting deadlines, and/or budget approvals before submitting payment for your project.

Subscription cancellations must be received 30 days in advance to ensure that payment will not be processed for renewal on services such as maintenance or hosting. No refunds can be provided on subscription payments.

 

Guest Posting

Guest post submissions are accepted through our editor at info@eliyahna.com. Articles must be 500 words or more and royalty-photos are provided. Post subjects must be relevant to the e-marketing, entrepreneurship, and online business genre while not containing links or mention of sellers or service providers who are in direct competition with Eliyahna Creative offerings. Posts may be subject to alteration or even deletion as deemed appropriate by the Eliyahna Creative editor and/or web team. Please allow 1-2 weeks for approval, photo editing, and publishing from the date of submission.