Terms of Service

The following is the Terms of Service document for OGDEN WEBDESIGN & HOSTING, LLC (herein also referred to as "OGDEN WEBDESIGN & HOSTING"). Use of our services constitutes acceptance and agreement to these Terms of Service. We reserve the right to change this contract at any time without notice. All clients of OGDEN WEBDESIGN & HOSTING are bound by this legal agreement.

Authorization
The CLIENT is engaging OGDEN WEBDESIGN & HOSTING as an independent contractor. The work by OGDEN WEBDESIGN & HOSTING shall be deemed a "commissioned work" and a "work made for hire". Once approved and paid in full, the CLIENT shall be the sole owner of the work.

Warranties
OGDEN WEBDESIGN & HOSTING represents and warrants to the CLIENT that it has the experience and ability to perform the services required; that it will perform said services in a professional, competent and timely manner; and that its performance shall not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.
The CLIENT represents and warrants to OGDEN WEBDESIGN & HOSTING that it will provide necessary materials as required in a professional, competent, and timely manner; that it has the power to enter into this Agreement; and that its performance shall not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.

Use and Law Enforcement
It is the responsibility of the CLIENT to conform to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the trademarks and copyrights of companies and materials found on the Internet. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. CLIENT agrees that the OGDEN WEBDESIGN & HOSTING may disclose any and all subscriber information including assigned IP numbers, account history, account usage, or prior communications (electronic or otherwise) to any law enforcement agent who makes a written request without further consent or notification to CLIENT. OGDEN WEBDESIGN & HOSTING shall have the right to terminate all services set forth in this Agreement.

Quotes & Contracts
Quotes provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.

Hours of Operation
Our business hours are Monday thru Friday from 9am to 6pm MST, closed Saturdays and Sundays. If you require work after the posted hours, such as on weekends or holidays, you will be charged our base rate of $30 per hour with an additional charge of $30 per hour for after hours assistance.

 Web Site Design Credit
Ogden WebDesign & Hosting takes great pride in every custom website we create; therefore, we require that our Design by stamp with a link to our company website remain on our client's websites at all time. Should you choose to no longer be a client of Ogden WebDesign & Hosting, you are required to keep the credit of the design posted clearly on your website as placed by Ogden WebDesign & Hosting. It is our right as the artist of the custom website to receive full credit for the designs we create. Having our name on the sites we design will deter others from copying our work and marketing it as their own. This is non-negotiable.

Copyrights and Trademarks
The CLIENT represents to OGDEN WEBDESIGN & HOSTING, LLC and unconditionally guarantees that any elements of text, music, graphics, photos, video, designs, trademarks, or other artwork furnished to OGDEN WEBDESIGN & HOSTING, LLC 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 OGDEN WEBDESIGN & HOSTING, LLC and its subcontractors from any claim or suit arising from the use of such elements.

Backup Policy & Data
OGDEN WEBDESIGN & HOSTING performs routine backups of server system files and archives them in safe locations. It is not the responsibility of OGDEN WEBDESIGN & HOSTING to backup all domain files uploaded by the CLIENT. It is recommended that the CLIENT keep a backup on their local machine. CLIENT agrees that OGDEN WEBDESIGN & HOSTING has the right to delete all data, files, or other information that is stored on OGDEN WEBDESIGN & HOSTING's computers upon termination of services, or cancellation of account due to non-payment.

Unsolicited Commercial E-mail and SPAM
OGDEN WEBDESIGN & HOSTING has a zero-tolerance policy on unsolicited advertising (spam) via E-mail or newsgroups. Related activities are prohibited and shall result in immediate account termination. "Spamming", such as (but not limited to) mass-e-mail, newsgroup cross-posting or other abuse to others on the net is prohibited, and will be grounds for account termination. Any actions construed to be a negligent or malicious attack are strictly prohibited.

Billing Policy
We require a 50% non-refundable deposit in order to begin work on any project, with the remaining balance due when the project is complete, but before it goes live. If final payment is not received within 30 days of the completion of service, additional fees will be added.

Invoices are sent out 30 days before they are due. It is the responsibility of CLIENT to keep the billing address current. Delinquent bills will be assessed a $30 charge if payment is not received by the due date. If an account remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. OGDEN WEBDESIGN & HOSTING reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. There will be a $35 service charge for all returned checks.

Non-Communication
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Collection Fees
Accounts that are not collectable by OGDEN WEBDESIGN & HOSTING may be turned over to an outside collection agency for collection. If you desire to cancel your account, please send an email request to accounts@ogdenwebdesign.com.

Failure to Pay
The OGDEN WEBDESIGN & HOSTING may temporarily deny services or terminate this Agreement upon the failure of CLIENT to pay charges when due. Such termination or denial will not relieve CLIENT of responsibility for the payment of all accrued charges and any collection fees.

Refund and Disputes
All payments to OGDEN WEBDESIGN & HOSTING are nonrefundable with the sole exception being the hosting fees for the first 30 days of service. Nonrefundable items also include the one time setup fee (if imposed), domain name and SSL registration fees, etc. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

Charge backs
OGDEN WEBDESIGN & HOSTING will not negotiate charge backs with any person or company. Should a chargeback be filed against us, we will not hesitate to proceed with collection and legal action to recover funds.

Network Security
CLIENT is expected to keep all passwords secure. Passwords allow access to your private messages, control panel, databases, shop configuration, website data and more. If OGDEN WEBDESIGN & HOSTING believes a CLIENT'S account has been compromised, we reserve the right to change the CLIENT'S password without prior notice.

New Accounts w/ Domain
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications (requiring a new block of IPs; requiring new equipment, etc), however, this process may sometimes require up to 2 business days.

IP Addresses
CLIENT may be assigned IP addresses by OGDEN WEBDESIGN & HOSTING, and must return to OGDEN WEBDESIGN & HOSTING the rights to the same IPs when service is discontinued for any reason.

Assignment of Project
OGDEN WEBDESIGN & HOSTING reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. OGDEN WEBDESIGN & HOSTING will be responsible for the final results of the project.
In the event that work is postponed or canceled at the request of the CLIENT in writing (letter or e-mail is acceptable), OGDEN WEBDESIGN & HOSTING shall have the right to bill pro rata for work completed through the date of that request. If additional payment is due, this shall be payable within thirty days of the CLIENT'S notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by OGDEN WEBDESIGN & HOSTING and OGDEN WEBDESIGN & HOSTING shall own all rights to the Work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.

Development & Delivery
Ogden WebDesign & Hosting works hard to complete all projects in a timely manner. We will provide you with an estimated time of delivery for your project. However, we do not guarantee deadlines as each project is unique and so is each customer. We will communicate with you during the entire development of your project and provide you with status updates.

Please understand that additional services, revisions to design or development of your site and delays in providing us with the information we require will significantly add to the delivery time.

Our Guarantee to You
OGDEN WEBDESIGN & HOSTING guarantees to you that every website and ecommerce store we develop will be fully operational and working without glitches, bugs or other errors upon delivery. If your site or ecommerce programming has been edited by anyone other than an employee of OGDEN WEBDESIGN & HOSTING, this guarantee is then voided, and charges for editing the site will be applied at our hourly rate. We will always advise you of, and seek permission for changes to your website and the charges that will be applied before any work is completed.

Adult Content
Websites that distribute Adult Content are not permitted on OGDEN WEBDESIGN & HOSTING servers. If you have specific questions regarding what's acceptable under this Agreement, please contact accounts@ogdenwebdesign.com.

Warez
Warez is prohibited on OGDEN WEBDESIGN & HOSTING servers. For the purpose of this agreement, "Warez" shall consist of any and all illegal software, patches, source code, etc.

MP3's
CLIENT is prohibited from using their webspace provided by OGDEN WEBDESIGN & HOSTING to distribute MP3's or any other audio/video media which the CLIENT does not have ownership, or the expressed written permission of the owner of such material.

Limited Warranty
CLIENT uses OGDEN WEBDESIGN & HOSTING's services at CLIENT'S own risk. OGDEN WEBDESIGN & HOSTING makes no warranty, expressed or implied other than what is directly expressed in these terms of service. OGDEN WEBDESIGN & HOSTING shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. This service is provided as is. We are not responsible for hardware or software damage, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, this service. Any liabilities are strictly limited to the amount of the fee paid for services rendered. OGDEN WEBDESIGN & HOSTING shall not be liable for claims of damages made by any third party for any cause whatsoever.

Indemnification
CLIENT will indemnify and hold OGDEN WEBDESIGN & HOSTING harmless (including managers, employees, agents, and members) of any and all claims, costs, expenses or liability resulting from any damage to CLIENT'S business, service, equipment, network, operations, or reputation resulting from OGDEN WEBDESIGN & HOSTING's actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.