By using the services of TMCS Web Design, you accept the terms stated herein. We reserve the right to change or amend these terms of service and policies at any time and without prior notice. By acquiring service from TMCS Web Design, you signify your agreement to these terms of service. TMCS Web Design reserves the right to refuse or cancel services at any time in the case of a violation of the terms of service.
Appropriate Use of Services:
Services provided by TMCS Web Design may be used for lawful purposes only. No services are provided to sites containing material in violation of any Federal, State or City law. You must agree not to use any services provided by TMCS Web Design in any unlawful manner. Transmission, storage, or presentation of any information, data, or material in violation of any Federal, State, Provincial or City law is prohibited. This includes, but is not limited to; copyright material, or material we deem threatening. TMCS Web Design shall not post any copyright material without permission. We reserve the right to remove any and all materials which infringe on copyrighted work. Such materials may be removed at any time upon receiving a complaint and/or notice of alleged copyright infringement. It is the responsibility of the Client to provide TMCS Web Design with content, text, pictures, images, and any other media that is deemed acceptable. It is not the responsibility of TMCS Web Design to research copyright or ownership information on content provided by the customer and liability in such matters is the customer’s.
We reserve the right to suspend or terminate accounts engaging in activities, whether lawful or unlawful, that we determine to be harmful to our clients, operations, reputation, goodwill, or customer relations.
Any and all original content created by TMCS Web Design remains property of TMCS Web Design, and we reserve the right to have reference to TMCS Web Design placed on any and all web pages posted for the Client. Said content may be transferred to the Client only with expressed written consent from TMCS Web Design.
Liability:
TMCS Web Design does not warranty any of its services. TMCS Web Design is not responsible for any grammatical errors found in submitted material by the Client. We are not responsible for any issues relating to browser incompatibility with web sites created by TMCS Web Design due to older computers and software or otherwise incompatible systems. TMCS Web Design is not responsible for any server side problems incurred due to server down time, hosting issues, ISP down time, or Acts of God. TMCS Web Design is not responsible for any damages incurred from hacking, hackers, or illegal activity. We are not responsible for any changes made to web sites created and maintained by TMCS Web Design without prior permission. TMCS Web Design will not imply to correct any damages or changes made, however, we can and will repair any damages incurred to the Clients Web Site(s) using the current pricing policy guidelines. Aesthetics are subjective, we make no guarantee that designs will be pleasing to everyone but will work hard with the customer to come up with a workable solution that is aesthetically appealing to the customer. TMCS Web Design is not liable for content causing excess bandwidth usage or the cancellation of service by the hosting company for any reason. The customer is responsible for obtaining and paying for the appropriate bandwidth needed. TMCS Web Design will attempt to make recommendations for bandwidth usage based on customer input and knowledge of the industry; however, no guarantees can be made.
Client Liability and Indemnification:
The client agrees to indemnify and hold harmless TMCS Web Design from any claims resulting from the use of the service which damages the customer or any other parties.
Web Site Maintenance:
Web site maintenance is considered to be a new contract and will be priced according to the maintenance / changes that are required by the customer unless prior arrangements have been made in a previous contract.
Completion and Delivery:
TMCS Web Design and the Client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the project. TMCS Web Design can not complete the project without the timely and complete provision of necessary content by the customer. In instances where the client requests that TMCS Web Design create graphics, text, and other content, creation of the web site will take longer than when content is provided.
The final web site design project will be delivered upon receipt of final payment. Delivery can be in the form of publication to the client’s hosting service if proper logon information is provided, published to a host that the customer has TMCS Web Design obtain and setup, or delivered by CD.
Payment Obligations:
Payment must be made by check, cash, money order, or credit card through PayPal. Small projects must be paid in full before work begins. For larger projects, we require you to pay 50% upon contract signing and 50% upon completion and approval of your project. You must agree to supply appropriate payment for all services received from TMCS Web Design. TMCS Web Design reserves the right to charge a %5 late fee for every 30 days the balance is past due. TMCS Web Design reserves the right to suspend any and all current work being done due to failure of Client to remit payment.
No additional charges outside the initial package agreement will apply unless circumstances cause a need and will NOT be added without consent from the Client.
All services are non-refundable.
Suspension/Termination for Non-payment:
Delinquent accounts are subject to immediate suspension and/or termination without notice. Termination or suspension does not release liability for charges due. Once your account is terminated, all data is lost and a new account would need to be established. In cases where TMCS Web Design is running and maintaining the web server, services will stop and the web page will be removed.
Privacy Policy:
TMCS Web Design insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by TMCS Web Design, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority.
TMCS Web Design is committed to protecting and securing all subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.
Thank you for reviewing the TMCS Web Design’s Terms of Service.
