Terms & Conditions       

1. Authorization. The above-named client is engaging  1800MyWeb as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on our web hosting service's computer or another of the client’s choosing. The client hereby authorizes 1800MyWeb to access this account, and authorizes the web hosting service to provide  1800MyWeb with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes  1800MyWeb to publicize their completed website to Web search engines, as well as other Web directories and indexes.  1800MyWeb includes the following elements in their Standard Website Packages:

E-mail Accounts.  Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette or email.)
 

Links to external pages, according to package purchased.

Minor updates and changes to existing web pages for customer who host their site with us as long as it is within their purchased plan. This does include any MINOR modifications and tweaking to work out backend database bugs and functionality, insertion/removal of text and images. This does not include adding features past the scope of this project outlined in Planning Worksheet which is outline in this agreement. For client's not hosting with us:  Once the client approves the site and it's launched at their domain name, no additional updates will be allowed for free.

2. ALL Website Design Services. The content (text and graphics) of the web pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet or Order Form" . The Client has chosen and agreed to pay for the plan chosen as noted on the official invoice or paragraph 13 of this agreement.  Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate or the Client may upgrade to another plan and pay the additional cost associated with the upgrade.

Within the eCommerce Packages, each item is counted by the amount of different prices to be entered within the database.  Cost of plan chosen WILL NOT vary as long as the Client stays within the perimeter of the original chosen plan.  Please note that normal page length will not exceed 11 x 14 without additional cost.  All hosted Versions of 1800myweb Content Management System Websites are properties of 1800myweb.com. Upon ending the terms of the hosted period, clients may reinstate their hosting plan to continue with the hosting services of 1800myweb.com. Please note that 1800myweb brands all of its websites designed including external hosted packages.  If client pays for ownership rights to the site and is allowed to make changes to the site, the branding of the site will remain unless an additional fee is paid of US$250.00. Unauthorized removal of 1800myweb's branding will result in automatic suspension. Please note that Website Design cost will reflect 1800myweb website design services, in the setting up of the website, and NOT the ownership price nor the transfer of ownership rights of the website, in any part, including source codes or administration panel. At no time will the client own the administration panel of the website without paying an ownership cost (see ownership clause below).
 
3. Maintenance and Hourly Rate. This agreement includes minor web page maintenance to regular web pages for customers hosting with us. It does not include removing nearly all the text from a page and replacing it with new text. The update period commences upon the date the client's web site is officially published to the web and all monies paid. Once the client’s site has been published to their domain name, design work will incur an additional cost, however customers may use their FREE update hours towards maintenance at no additional cost. (see paragraph 13) The updates will be completed within 24 hours unless otherwise indicated to the Client. All update requests MUST be submitted by email in the exact wording to be added to the site. Images to be replaced MUST be submitted in its final format as a .jpg file.  1800MyWeb will not change any text or images without client incurring additional charges. Customers not hosting with us will not receive any free updates.

4. Changes to Submitted Text. Please send us your final text. You are fully responsible for submitting all the text information for your website. We will not reword any of your text submitted. If you require our service of rewording or originating the text for your website, please notify us.

5. Completion Date.  1800MyWeb and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website within __1-2.5___weeks from the point of receiving ALL information (complete text and graphic content) and payments for this website project. This project completion date is affected by the date the initial deposit is received, as well as  1800MyWeb receipt of complete text and graphic content from the client. The completion date counting will begin after  1800MyWeb has received ALL information (complete text and graphic content) and payments for this website project. If the client does not supply  1800MyWeb complete text and graphics content all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published.

6. Payment of Fees. Fees to  1800MyWeb are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed and proofed according to the client's original written specifications unless other arrangements have been agreed upon. The web site will be published on the World Wide Web once all monies due are paid. All monthly hosting charges must be prepaid (minimum 3 months in advance based on the Client’s chosen plan).  Payment options are available upon request for two year agreements only. Once a deposit or payment of hosting fees have been received by 1800myweb.com, this is confirmation that the Client agrees with the terms of agreements on 1800myweb.com.

  
The pre-paid hosting charges are non-refundable since that area of our server has been reserved for the client for that period. After approval of site, all payment made are non-refundable.  All domain registration fee is non-refundable.  Hosting prices are subject to change at the end of your pre-paid period with notice. Renewed hosting period will be subject this agreement. PLEASE MAKE YOUR PAYMENT IN A TIMELY MANNER USING PAYPAL, OR GOOGLE CHECKOUT. We accept all major credit cards via PayPal including EChecks. ALL CHEQUE PAYMENTS WILL BE MADE IN US FUNDS MADE OUT TO THE 1800MyWeb.

7. Legal.  1800MyWeb does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will  1800MyWeb be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if  1800MyWeb has been advised of the possibility of such damages. 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.

8. Copyrights and Trademarks. The client represents to  1800MyWeb and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to  1800MyWeb for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend  1800MyWeb and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

9. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend  1800MyWeb and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. Client agrees not to send any Spam email.

10. Payment of fees. In order for  1800MyWeb to remain in business, payments must be made promptly. Delinquent bills will be assessed a $10 charge if payment is not received within 10 days of the due date. 1800MyWeb reserves the right to remove web pages from viewing on the Internet until final payment (including late charges) is made.  If an amount remains delinquent 30 days after its due date, an additional fee of $40 will be assessed and 15% penalty will be added for each month of delinquency and the website will be "turned off from public viewing with a Splash Page stating that the web site is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then 1800MyWeb reserves the right to "turn off " the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time. Please note that hosting fee calculation will begin upon the launching of the framework to the client’s domain name. If customer website is "turned off" due to delinquent unpaid balances, then 1800myweb has the right to utilize the website for showcase puposes and all data, text, images will become the property of 1800myweb unless arrangements are made for the customer to re-enter a new hosting agreement with 1800myweb.com. In addition, if a client does not renew their domain prior to its expiration, and 1800myweb decides to renew the domain at their cost, then the domain will become property of 1800myweb.com. This ownership of the domain can be reverted back to the client, if the client pays all outstanding balance and re-enters into another YEARLY hosting plan with 1800myweb.com.

11. Ownership of Website.

11.a Content Management Systems.
1. Hosted Version CMS WEBSITES. (Any Website Designed By 1800MyWeb with Content Management Panels)
Customers contracted to 1800MyWeb  Hosted Version Ecommerce and Website  Plans, may purchase the rights and branding of the website if desiring to transfer to an external Host at any time or if they desire ownership of the site, at an additional cost seperate from the design services set up cost. Upon paying for ownership of your website (contract price, all past due amounts and fees, etc), one copy of the website will be given to you within 7 business days by email zipped (at the client's request only). Product will be considered received when website codes are emailed to the client after payment is made for the ownership rights. Additional request will result in a charge. The client account must be in good standing and current before the website is given to the client after a seperate payment is made for ownership.

1.1 CMS Hosting

By purchasing 1800CMS website design services with our Hosting Service, you agree not to overuse our Server Resources. You should understand that you are on a Shared Environment & all resources are equally distributed among Customers. As Our Aim is to provide Quality Shared Hosting to Every User, there are some processor/ram usage on 1800CMS Shared Hosting. If your website starts overusage or emails uses for spam work, we will suspend the account temporarily & inform the Customer to upgrade his/her Hosting as required. After acknowledgement of the customer, Services will be resumed. You may not use resource-intensive programs which negatively impact other customers or the performances of 1800myweb Servers. 1800myweb reserves the right to terminate or limit such activities any time.

1.2 Other Policies
Spamming, Phishing, Virus or any stuff related to Hacking or non-leagal activies are not tolerated in our Servers. The account found involved or containing such materials will be Suspended immediately without Notice.

1.3 Failure to Pay
1800myweb may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Your Invoice will be generated 30 days before next due date and you have 3 days to pay your unpaid bill. If suscriber unable to pay the bill then on 3rd day, we will temporarily suspend their Hosting and after one month we will delete all their accounts and data.

2.External Hosted CMS WEBSITES 
Clients choosing to have their Website design and host externally will attrack external hosted prices. All websites design by 1800MyWeb is branded by 1800MyWeb, branding removal is available for external hosted plans at a one time cost of US$250.00. Upon paying for ownership of your website (contract price, all past due amounts and fees, etc), one copy of the website will be given to you within 7 business days by email zipped (at the client's request only) at no additional cost. Product will be considered received when website is loaded to the domain name instructed and authorized by client. Additional request will result in a charge. The client account must be in good standing and current before the website is given to the client.

HOSTED VERSION  NONE CMS WEBSITES