ENTIRE AGREEMENT; SERVICE AGREEMENT
Please note: We MUST have your required content and images before we can set up your design. We do not provide content. Until we have all of your information, we cannot finish setting up your design. It is up to you, the client who purchases any design, to make sure that your content is legal and correct. If you require a design within a certain deadline, it’s up to you to provide your content in a timely manner. If you do not, we may charge a ‘rush’ fee or refuse the project.
Once you sign off on (approve) a design, it is considered finished. We will send you the full-resolution, watermark-free files in PDF, PNG and JPG formats. If, after you have approved the design and received the files, you want any further changes, our charge is £30 per hour. Once you have chosen and paid for a design, you agree to abide by these terms and conditions as a legal contract.
All design changes will need to be submitted in writing to protect both the designer and the customer, so both have proof of any communications.
If you purchase a design that needs modifying, this includes colour, text and replacement image(s). However, if you choose to significantly change the design, such as adding, removing, moving elements, it will count as a custom design and you will be charged accordingly before we send you the final file. This will be billed at £30 per hour, with a minimum of 1 hour.
If you order a custom design, you will be required to sign a separate, mutually agreeable contract to ensure both parties are protected throughout the design process.
- Images and designs you purchase CANNOT be given away or re-sold to anyone else
- You may use graphics for your own personal or commercial use
- Graphics can be used for printing on items for your own personal use. i.e. t-shirts, mugs, mousemats, etc.
- You can edit and use our graphics as your business logo, but you cannot legally register the graphics as yours, we retain the rights to them
- We retain all rights to custom graphics, stationery and other created products. We reserve the rights to use any custom content on our website/portfolio.
BizWeb.Biz shall provide its Services to You (the Customer) under the Terms and conditions of this BizWeb.Biz Customer Agreement. The Agreement is intended to keep the integrity of both BizWeb.Biz and the Customer and to protect both parties from liability.
We do not accept projects including, but not limited to:
- Adult material, including sexuality.
- Religion, including religious holiday material.
- Hate-related content, including any ‘isms’.
- Material that promotes crime.
This is not an exhaustive list, we retain the right to refuse any project without explanation.
Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between BizWeb.Biz and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement’s provisions are invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
The customer’s side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age. BizWeb.Biz assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalisation settings.
If any of BizWeb.Biz Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated.
Unauthorized Access. BizWeb.Biz expressly bans the use of any BizWeb.Biz hardware or software hosted on any server for trying to illegally access another hosted machine or network.
Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. BizWeb.Biz reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.
PAYMENT AND REFUNDS
BizWeb.Biz Uses PayPal and credit card for fast and secure payments. Our site uses SSL technology so your data is safer as it’s being transmitted. However, no website is 100% safe from hacking or data theft, so we advise that you act with caution when making purchases, and recommend that you do not store your credit card details on any site unless it’s absolutely necessary. We do all we can to protect your data and will not share financial or any other details with any third party unless compelled by law.
You can request a refund within 24 hours of purchase, provided we have not started work on the design. Payments are non-refundable once a design has been transferred to the customer, and payment will be required if we have already started work on your design. We charge £30 per hour for custom work. Depending on demand, we may finish your design before the 24 hours have passed. We do not give refunds on completed designs if you change your mind about using them. You are paying us for our time, the work and the setup, not whether or not you use the finished design.
All illegal chargebacks will be followed up with a debt collection agency and a complaint to your bank or credit card provider. These actions can tarnish your credit record.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BizWeb.Biz Services, you will not use the BizWeb.Biz Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any BizWeb.Biz Services, other accounts, computer systems or networks connected to any BizWeb.Biz Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the BizWeb.Biz Services.
BizWeb.Biz reserves the right at all times to disclose any information as BizWeb.Biz deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of BizWeb.Biz.
BizWeb.Biz is within the capacity to refuse service to unlawful parties. BizWeb.Biz services can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the services inconsistent with the rules will be immediately rejected. In this light, BizWeb.Biz expressly forbids any breach of International or Local regulation, including, but is not limited to the transmission of:
copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.
BizWeb.Biz management will thoroughly scrutinise any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company’s services. BizWeb.Biz service CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to – pornography, adult materials, satanic materials, gambling, drugs weapons, and any other materials of an adult or inappropriate nature. We do not produce designs dealing with sexuality, dating, politics, religion or any other potentially controversial material. Paying for a design is by no means a guarantee that we will set up said design. We will refuse any request without explanation or notice and will refund any payment made towards such.
Any dealings with third parties (including advertisers) included within the BizWeb.Biz Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. BizWeb.Biz shall not be responsible or liable for any part of any such dealings or promotions.
You agree that BizWeb.Biz, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
BizWeb.Biz reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers’ failure to pay or in the case of fraudulent chargebacks. The customer then is considered a debtor to BizWeb.Biz and liable for reasonable interest and collection fees.
You are solely responsible for the content of your design.
In consideration of your use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service. You also agree to provide whatever content we request as required to set up your design. This includes, but is not limited to, written content, images etc.
Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BizWeb.Biz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BizWeb.Biz has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
Harm to BizWeb.Biz Servers – any attempts for doing harm to a server or customer of BizWeb.Biz Services are explicitly banned
Acceptable Use of Services / Acceptable Access to Services – BizWeb.Biz will immediately and resolutely react to any attempt of use of an Internet account or computer by a BizWeb.Biz customer unauthorized by the account or computer owner. Such attempts include “Internet scamming” (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to BizWeb.Biz Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.
Customer agrees not to publish on or over its account or this website any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
BizWeb.Biz does NOT allow or create designs that provide any content, points of distribution, or ‘links’ to sites that:
infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy
violate any law, statute, ordinance or regulation
are defamatory, trade libellous, threatening, unlawfully harassing, abusive, pornographic or obscene
contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another
contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction
have Adult Sites (content) – Any erotic or pornographic material, links to adult sites, or advertisements of adult sites, sites that include images of minors or other people without written and signed consent from such. We reserve the right to refuse to place or allow any content without notice or explanation.
Each Customer guarantees to BizWeb.Biz that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to BizWeb.Biz that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers BizWeb.Biz to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. BizWeb.Biz is granted the right to assess the extent these operations need to be done.
Any case of indecent treatment towards a BizWeb.Biz employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with BizWeb.Biz employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behaviour will be interpreted as a breach of this TOS.
Other acts of treatment towards BizWeb.Biz employees that will be considered as unacceptable include any verbal, oral, written or delivered by second party threats addressing BizWeb.Biz or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. BizWeb.Biz keeps the right to assess which behaviour will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
FORCE MAJEURE CIRCUMSTANCES
BizWeb.Biz will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
This Agreement shall be interpreted in consistence with the laws of the United Kingdom.
This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. – The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. – This Agreement may be executed in counterparts, which will be considered as original.
COPYRIGHTS & PIRACY
Copyrighted material must not be placed on accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation, we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
Please report any violations of the Terms of Service to firstname.lastname@example.org