Walkinweb terms of service

Terms of Services

Payments:
All Web design, Domain registration and SEO payments are due at the time of order. Monthly Web Hosting payments (other than time limited free hosting) are due on the 'order' day of each month (pre-authorized recurring credit card payments only).

Taxes
All Canadian purchases are subject to GST and/or PST or HST.

Refunds:
It is Walkinweb's policy that no refunds will be made unless clearly related to our:

Furthermore, no refunds will be made on Web Design assignments cancellation after 30 days
If Client halts work and applies by letter, email or by fax for a refund within thirty days of date of contract, work completed shall be billed a the hourly rate stated ($68.50 per hour), and deducted from the initial payment, the balance of which shall be paid back to Client. If, at the time of request for refund, work has been completed beyond the amount covered by the initial payment, Client shall be liable to pay for all work completed at the hourly rate stated above.

Web Design

Walkinweb Inc agrees to deliver projects in a timely manner and shall conform to the standards as per our 'Web Desing 10 point quality guarantee'. However, delays in project completion may occur when:

There is a delay in any payments
The client requests further work, including changes in the scope, design, structure, or content of the project
The client purchases an additional service related to the project
There is a delay in the receipt of any materials from the client
Time frame estimates are approximate only and are subject to change at any time at Walkinweb Inc's discretion.

Walkinweb Inc will under no circumstances be held responsible to satisfy unreasonable expectations or requests that lie beyond the scope of Walkinweb Inc's offer of services to its client. It is Walkinweb Inc's discretion to decide whether or not a request or an expectation is reasonable or lies within the scope of offer of services to its client. In other words, Walkinweb Inc will make all the necessary efforts to satisfy the client within the framework of its original agreement with the client, according to Walkinweb Inc's understanding.

Once a client of Walkinweb Inc, you authorize Walkinweb Inc to charge the payment method you submitted for all the invoices generated for the services rendered by Walkinweb Inc. In order to change your payment method, simply contact your project manager prior to your payment's due date.

It is important to understand that we cannot make our project resources available to a project indefinitely as we have other obligations. If a project stalls or a client becomes unresponsive for more than 4 weeks, the project will become "inactive" and a reengagement fee of 15% of the total project cost will be assessed upon reinitiating the project. If there is no meaningful activity for 3 months the project may be terminated without refund.

Copyrights and trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WalkinWeb, Inc for inclusion in the Web Design Project 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, indemnify and defend WalkinWeb, Inc and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

Web design project copyright
Copyright to the finished web design site produced by WalkinWeb, Inc will be owned by the Client. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement have been paid. Rights to photos, graphics, source code, work-up files, and computer programs remain the property of their respective owners.

Web Hosting

If web site is not developed and/or maintained by Walkinweb Inc, Customer will provide Walkinweb Inc with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Walkinweb Inc. Walkinweb Inc shall make no effort to validate this information for content, correctness or usability.

The customer agrees to make use of Walkinweb Inc servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Walkinweb Inc servers are not intended as a data backup or archiving service. Walkinweb Inc reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $5 per additional 10GB.

Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any Walkinweb Inc server. If your processes are adversely affecting server performance disproportionately Walkinweb Inc reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.

Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.

Spam
Unsolicited Commercial Email (UCE): Walkinweb Inc takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Walkinweb Inc may not use or permit others to use our network to transact in UCE. Customers of Walkinweb Inc may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers.

Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Walkinweb Inc's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Walkinweb Inc. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

Email
Walkinweb Inc shall not be liable when subscribers receive harassment in all forums thru the Internet, such as unsolicited/bulk mail, including 'Junk Mail' or other advertising materials to individuals who did not specifically request such material or so called 'e-mail Spam' Malicious emails, chain letters, fraud bank, or pyramid schemes whether the recipient requested it or not and other events arising from the said materials are not the responsibility of Walkinweb Inc.

Customer Responsibilities
Contact Information. It is the customers responsibility to keep their contact information up to date. And use a contact email address that is not associated on their domain name that is hosted with us, or email accounts hosted on their web server. It is always suggested that clients have emergency accounts with a yahoo or hotmail system. This will also ensure that when you submit a support ticket that you will be able to get a reply.

Backups.
The customer is responsible for maintaining a backup copy of customer's files elsewhere to ensure recovery in the event of loss or damage to customer's files. At customer request Walkinweb Inc may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of Walkinweb Inc, Walkinweb Inc will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer's negligence of securing their account, Walkinweb Inc will attempt to recover the files from their most recent archives. Although we do create excellent backups of your data, please do not completely rely on us. There are unlikely situations where we may not be able to reproduce a backup after multiple system failures. Please store a copy of your critical data on a local computer.

Security
The customer will be solely responsible for the web mail access and email accounts issued by Walkinweb Incs. The customer should take all measures as may be necessary to protect the secrecy of the USER ID and/or password and shall not reveal the same to any person(s).

Termination
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Walkinweb Inc will accept termination by electronic mail. Notwithstanding the above, Walkinweb Inc may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Walkinweb Inc reserves the right to charge a reinstatement fee.

Limited Liability

Customer expressly agrees that use of Walkinweb Inc's Server is at Customer's sole risk. Neither Walkinweb Inc, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Walkinweb Inc's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Walkinweb Inc Server service, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall Walkinweb Inc, its offices, agents or any one else involved in creating, producing or distributing Walkinweb Inc's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Walkinweb Inc Server service; 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 Walkinweb Inc's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Walkinweb Inc's service.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Lawful Purpose
Customer may only use Walkinweb Inc's servers for lawful purpose. Transmission of any material in violation of Canadian and United States laws is prohibited. To this effect, child pornography, hate sites, warez is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Walkinweb Inc's Server.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Walkinweb Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Walkinweb Inc, 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 Walkinweb Inc against Liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise distributed in connection with Walkinweb Inc's Server; Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;

Contract
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions are agreed to by the both parties upon renewal of services.

Should you have any questions or concerns about these terms of service, please send us an email at:

Thank you for doing business with us! We really appreciate it.

Terms of Services

Web Design

Web Hosting

Limited Liability

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