The following Terms of Service govern the relationship between 4:13 Design and its clients. Continued use of 4:13 Design’s services implies acceptance of these terms of services, which may be amended at any time without notice.
Clients and Customers of 4:13 Design (“Client”) authorize 4:13 Design and its associates, employees, and partners (“4:13 Design” or “Developer”) to access all applicable website accounts, including, but not limited to, website hosting and domain name registration(s), for the purpose of developing and/or maintaining Client’s websites. Clients also authorize the Developer to publish the Client’s website to the Internet and promote on various Search Engines and Directories at the Developer’s discretion. Clients authorize 4:13 Design to create a byline and hyperlink at the bottom of each webpage with credit to the Developer. In addition, Clients authorize the Developer to include any websites developed or maintained by 4:13 Design in the Developer’s portfolio.
Website Hosting & Domain Name Registration
4:13 Design may choose an independent website hosting provider and domain name registrar based on various specifications and qualifications. The Developer’s hosting provider and/or domain name registrar of choice is subject to change at any time. In the event of scheduled maintenance, downtime, or connectivity issues, 4:13 Design will make reasonable efforts to alert Clients in advance, if possible. Clients understand that notification of maintenance, downtime, or connectivity issues is not guaranteed. Since 4:13 Design does not own or manage the resources on which websites are hosted, the Developer cannot accept any liability for loss or damages resulting from the use of website hosting services, including, but not limited to, data loss, manipulation, unauthorized access, or theft. The Developer will provide no troubleshooting or assistance related to website hosting not procured through 4:13 Design.
Clients have the right to transfer registration of the domain name at any time, provided that the Client is in good financial standing with the Developer at the time of transfer. It is the Client’s responsibility to initiate transfer of the domain name and ensure successful completion. The Developer will only be responsible for releasing the domain name and providing the authorization code. 4:13 Design will alert Clients prior to registration expiration to allow time for renewal (approximately 30 days). If Clients do not provide payment for renewal before the expiration date, 4:13 Design reserves the right to let the Client’s domain name(s) expire.
Fees & Payments
Payments to 4:13 Design can be made by business check, certified check, Postal money order, or through 4:13 Design’s online payment system. Any returned check will be assessed a $30 fee, and all future payments must be made by certified check or Postal money order. All payments are non-refundable unless the Developer initiates cancellation. Full payment is due within 30 days of invoice date. Clients will receive one notification (either by phone, email, or mail) once the invoice is past due. If payment is not received within 14 days of this notice, a 10% late fee will be assessed to the invoice. 4:13 Design is not responsible for performing development or maintenance services if the Client has a past due balance. If an invoice is not paid in full within 60 days of the invoice date, the Client’s website will be taken offline and held until all outstanding balances and fees are paid.
Backups & File Storage
Periodic backups of Client’s website files, databases, and email accounts may be performed by 4:13 Design if hosted through the Developer. These backups, in conjunction with any website development- or maintenance-related files, may be stored on Developer-owned computers and hard disks and/or web- or cloud-based storage systems. The Developer will take necessary precautions to maintain the security of any files in the possession of the Developer, but Clients agree to defend, indemnify, and hold harmless the Developer for any unauthorized access to or loss or corruption of any files.
Copyrights & Trademarks
Clients will retain all copyrights and trademarks for any items (including, but not limited to, photos, documents, graphics, music, and videos) that are created by the Client. Clients give the Developer full rights, as it pertains to website development or maintenance services, to use any items which are provided for website development- or maintenance-related services. 4:13 Design will retain all copyrights and trademarks for any items (including, but not limited to, document, graphics, music, videos, files, and source code) that are created by the Developer. 4:13 Design reserves the right to utilize website templates, stock photography, scripts, and/or programs that have been designed, captured, or developed by other companies or subcontractors of 4:13 Design. The Developer will pay any fees associated with the procurement or use of such items, and will do so according to applicable copyright laws. The Client understands that some items may require attribution (for example, a footer link) on the Client’s website.
Laws Affecting Internet Commerce
Local, state, and federal governments may enact laws affecting and/or levy taxes against Internet commerce. Clients are solely responsible for complying with any such laws and/or taxes, and will hold harmless, protect, and defend the Developer from any claim, lawsuit, penalty, or tax arising from the exercise of Internet electronic commerce by the Client.
Limits on Liability
4:13 Design assumes no liability for damages resulting from any of our services, including, but not limited to, website development, website maintenance, website hosting, and domain name registration. 4:13 Design makes no warranty that services will not be subject to errors, service interruptions, or data loss. In the event that local or state law does not allow these limits on liability, the remedy for such damages shall not exceed the amount paid to 4:13 Design by the Client within the previous 90 days for the service from which the damage occurred.
Clients agree to defend, indemnify, and hold harmless 4:13 Design for any and all damages, liabilities, demands, costs, fees, and claims resulting from any service provided by 4:13 Design. In addition, Clients agree to defend, indemnify, and hold harmless 4:13 Design against liabilities resulting from any injury to person or property or any property supplied by Clients infringing on the rights, trademarks, or copyrights of any third party.
Cancellation & Refund Policy
If website development or maintenance services are cancelled by the Client, the Developer will keep all deposits and payments made. If the amount of deposits and payments are not sufficient to cover the cost of services performed, the Client will pay the Developer for all outstanding balances. If the Developer cancels website development or maintenance services, the Developer will refund money paid in excess of services provided.
Clients agree to abide by all rules and regulations set forth in 4:13 Design’s Acceptable Use Policy, which is subject to change at any time and without notice. 4:13 Design’s policies can be found online at https://www.413design.com/policies/use/.
Changes & Consent
By using any services provided by 4:13 Design, Clients agree to our Terms of Service. Changes to these Terms of Service can be made at any time without notice.
These terms of service were last modified on July 23, 2015.
For questions regarding these Terms of Service, please Contact Us.