TERMS OF SERVICE
AGREEMENT WITH THESE TERMS OF SERVICE IS REQUIRED IN ORDER TO USE OUR WEBSITE OR ACCESS OUR SERVICES
1. Contract Initiation: You are contracting Blitz Web Design to provide the services stated in Your invoice/estimate/quotation or proposal or for products or services which You have seen and paid for on our Website. You understand that by signing the invoice /estimate/proposal sent to You OR by making an initial payment OR by sending an email agreeing to commence work that You are in agreement with all terms and conditions contained herein.
2. Types of Service: These terms and conditions, alongside covering project based jobs such as Websites, graphic designs and mobile application development, additionally apply to subscription-based products which include but are not limited to: web hosting, managed hosting and maintenance services, search engine marketing, search engine optimization and online advertising services and social media updates.
3. Pricing The quoted price for Your product or subscription or the development of Your Website is a packaged rate, which includes access to our expertise support tickets (and via email and phone if Your package includes those methods of support) any point during the Project Development Time-frame and/or monthly subscription period along with all the items outlined on Your quotation (if your package includes access to such support). We reserve the right to charge an hourly fee for in-person consultancy when Clients request such services. Engaging our services signifies full agreement to abide by the payment methods and schedules, outlined in this document and/or the prices listed on our Website. It is Your responsibility as the Client to review our Website and make a final decision regarding our products and services. You also agree to consider all invoices sent to You as being due on the date that they are sent and further agree to not withhold payments to us for services of known value and pricing due to the absence of an invoice.
4. Web Design Payments: Web Design plans Pro, Elite and Ultimate require upfront payment in full to commence services. Exceptions may be made at the sole discretion of Blitz Web Design. The Web Design Custom plan may be paid in two parts as a 50% deposit and the balance due at the end of Your Project Development Timeframe or whenever Your project is complete, whichever comes soonest. Your remaining 50% balance payment for the Web Design Custom Plan is still due if Your Website is not complete to Your satisfaction due to Your lack of provision of content or feedback. Your balance payment will not be due at the end of your Project Development Timeframe if Blitz Web Design experiences delays in its own production process. In such cases delays on the part of Blitz Web Design will not include:
a) Delays on the part of the Client’s employees or external 3rd parties who have been asked or approved by You, to work with Blitz Web Design, to provide us with content or to assist in anyway during the project development process.
b) Delays owing to 3rd parties recommended to Blitz Web Design by the Client who the Client subsequently engages to work with us, to provide content or to assist in anyway during the project development process.
c) Delays owing to the correction of erroneous or misleading information, instructions or content previously supplied to Blitz Web Design by the Client and/or their subcontracted entities, employees or other agents which the Client requires Blitz Web Design to rectify during the Project Development Time-Frame
In such cases where Blitz Web Design experiences delays in its production process, your balance payment is still due upon completion of your project and you hereby agree to allow up to 30 business days for Us to remedy any delay.
5. Website Payment Plans: At its sole discretion Blitz Web Design may approve You to pay for your Website package in monthly installments. You understand and agree that all installment payments under a Payment Plan are due on the 15th of the month. You further understand and agree to the following conditions regarding Website Payment Plans:
a) All installment payments must be made electronically using a valid Credit Card. Electronic bank transfers may be considered at our sole discretion and payment by cheque is not accepted for Payment Plan installments.
b) Installment payments must be made on or before on the 15th of each month. You understand that overdue installment payments or any part thereof which are owing for 25 business day or longer form grounds for the termination of the Payment Plan. You further agree that should your payment plan be terminated by us due to late installment payments or due to violation of any portion of this Terms of Service document, the full remaining balance on your Website payment becomes due immediately and late payment fees and penalties outlined in Clause 16 of this document become applicable.
c) Your website must be hosted with us for the duration of your Payment Plan period. Your Payment Plan installment payments will include a Rocksteady Hosting Elite Hosting account for the duration of the Payment Plan period. At the end of Your payment plan period, you can choose to optionally continue hosting with Blitz Web Design at the current rates posted on our website for any Rocksteady Shared Hosting or Wicket-Keeper Managed Hosting & Maintenance plan.
d) In most cases, Your website will be completed before your Payment Plan period has elapsed but Blitz Web Design will own the rights to all created work, designs, graphics, original code and intellectual property until your website Payment Plan installments are paid. You also have to option of covering the full amount of the Your Website Payment Plan Installments early. In such cases, Your remaining installment payments will be totaled and a 12% discount will be applied on the total remaining sum.
6. Jouvert Website Builder™: Jouvert Website Builder is a trademark of Blitz Web Design. The website builder is intended for You to build a website with our our efforts using the tools that come with the software. Blitz Web Design does not provide design or development services on any Jouvert Website Builder plan. The Jouvert Web Builder Ultimate provides the Client with access to support requests regarding the use of the Jouvert Website Builder and guidance on how to use aspects of the software but does not entail Blitz Web Design staff adding any content or making any significant change to the software on your behalf. Jouvert Website Builder includes pre-designed layouts that You can customize. Customization and addition of content to the Jouvert Website Builder is the sole responsibility of the Client.
7. Refunds & Money Back Guarantee & Payment Method:
a) Refunds: All payments for Web design services are non-refundable. If You believe that any fee for products or services is incorrect, Your exclusive remedy is to seek credits in the Client Area by opening an Sales ticket within 30 days of Your receipt of the disputed bill. Any charges not disputed by You within 30 days of receipt will be deemed conclusively accepted by You. You may not chargeback any credit card payments to Blitz Web Design whatsoever and any such chargeback will result in an additional payment to Blitz Web Design of up to $500 USD, which You agree is a reasonable estimate of Blitz Web Design’s additional administrative costs. You are responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by Blitz Web Design in enforcing collection of fees whether related to an unauthorized charge back or otherwise.
b) Money Back Guarantee: Blitz Web Design offers a 100% Money Back Guarantee on select services where stated on our Website. In all cases, our Money Back Guarantee is offered for a thirty (30) day period and no longer unless otherwise stated on our website. You agree that by not seeking a refund within thirty days or within the time limit states on our website, Your acceptance of service and satisfaction with those services is explicitly expressed. You further understand that Blitz Web Design does not offer refunds except in the case of a Money Back Guarantee. In the case of Blitz Traffic Assured, the Client must conclusively prove that no new Website traffic was generated by the efforts of Blitz Web Design. New traffic means new human persons who have, of their own volition, typed keywords into a search engine triggering advertisements set up by Blitz Web Design that they then click on to arrive at the Client’s Website. The Client agrees that a minimum of a single such person directed to the Client’s Website shall be considered new traffic and not grounds to invoke the Money Back Guarantee.
c) Method of Payment: Our accepted method of payment is a valid credit card kept on file with us in Your Client area. All Clients are required to keep a valid credit card on file with us. We reserve the right to terminate Clients’ accounts whose credit card has been declined for two or more transactions in a 6 month period or whose credit card details on file reflect an expired card for more than 2 months. Electronic bank transfers, cheques or cash or other methods may be accepted at our sole discretion and We reserve the right to charge additional fees for Clients paying via these methods.
8. Timeline for Content and Feedback Provision: By engaging our services, You commit to providing all content and instructions required for inclusion in Your project/Web application/Web design or any other works to be done unless prior arrangement has been made with us to source content for You. You additionally agree to provide to us with ALL of said content before half of Your Website Project Development Time Frame has elapsed. For example, if Your project Development Timeframe is given as 14 business days, We require all of Your content within 7 business days of being contracted to carry out Your project. This includes, text, photos, videos, and also includes any instructions necessary for us to carry out our tasks for You. Only content received within the aforementioned period (i.e. half way through the Project Development Time Frame) will be considered as being necessary for the completion of Your project. Subscription based services require that the Client allow up to 5 business days for Website edits to take effect or for other maintenance, service requests, or initial provision of service to take place though in most cases, these services will be actioned sooner.
9. Review of Materials: By contracting us You commit to properly reviewing and giving consolidated feedback via email on all designs, codes, sample projects or any interim production that We have created and sent for Your review within 3 business days of it being sent. Your emailed feedback should consist of edits required to complete that stage of the project to Your satisfaction. Your feedback should be consolidated which means that You should discuss Your recommendations internally with all Your stakeholders first before sending Us a single combined list of edits, content or recommendations. All edits should be sent to Us via email or the Ticket system on Our website.
10. Non-Response is Acceptance: By engaging us You also agree that non-response to any item sent for Your review within the aforementioned time frame for feedback in clause 9 will be treated as an acceptance of the materials or service presented and will grant us the right to move ahead with the work presented. Should any fees be due at such time We also reserve the right to collect on these fees before proceeding further with Your project.
11. Project Development Time-frame: Your Project Development Time-frame for completion will be stated on our Website OR Your estimate/invoice OR quoted to You in person orally OR sent to You via email. By engaging our services You understand that Your balance of payment is due at the end of Your Project Development Time-frame or when Your project is complete, whichever comes soonest providing that there are no delays on the part of Blitz Web Design (see clause 4 above). You also agree to making the final project payment in whole should Your project not be complete to Your satisfaction at the end of the time-frame for completion owing to:
a) Lack of provision of content or feedback from You within their respectively specified timeframes
b) Any other delay not due to a fault of Blitz Web Design, its employees, its inability to perform its services or its own negligence or the negligence or delays on the part of Blitz Web Design’s direct 3 rd party subcontracted entities.
In such cases where a Client is required to make a full final payment when they have not provided the agreed-upon content and/or instructions during the time frames outlined in clauses 8,9 and 10 the Client will have 30 business days after the end of the Project Development Time-frame and after payment of the full balance to provide said content and/or instructions which will be incorporated at no extra cost. No content outside of the scope of the original quotation will be accepted during this period and instructions that vastly change the functioning or appearance of the agreed-upon project parameters will not be accepted. After this 30 business day period has passed, if the outstanding content is still not provided, Blitz Web Design reserves the right the revise the cost of, or charge additional fees for, the incorporation on the outstanding content.
12. Post-Production on Web Design: You understand and agree that your website will not be published live on the internet before you have made full and final payment to Us for all services rendered. Blitz Web Design commits to making finishing touches, minor edits and minor changes free of charge during our 7 business day post-production period after the Project Development Time-Frame has expired and only after final payment has been made on the project by the Client. It is after this 7 business day period that most projects are usually ready to be published to the public Internet. You agree and understand that upon expiration of the Project Development Time-Frame final payment becomes immediately due despite these minor edits or nuisances of Your personal taste which will be performed by us during the complimentary 7 business day post production period. The 7 business day post-production period maybe lessened depending on the volume of edits suggested by You. The 7 business day post production period is explicitly not intended for the addition of new content outside of the scope of the original quotation.
13. Service Level & Acceptable Use: All Clients must agree to use our subscription-based services for legal purposes only. Clients are not allowed to send unsolicited mass e-mail campaigns from our hosting servers using their email addresses provided by us. Email accounts provided with any of Our plans are not to be resold to other persons or organizations or used for any purpose other than normal personal or business communication as determined in Our sole discretion. For any other feature of any other plan not herein specified which carries a value of ‘Unlimited’ or ‘Unmetered’ such feature should be used only for your public facing website or application and not shared with any other person or organization or resold to any other person or organization whatsoever. In most cases Your subscription-based services will proceed smoothly but all subscription-based service Clients must allow for a maximum of 96 hours of downtime each month without penalty to Blitz Web Design to allow for cases of emergencies or unforeseen occurrences. As our Client You must additionally agree to hold Blitz Web Design blame-less for loss of use of domain names due to Your failure to register Your domain with us or loss of data due to natural disasters, loss of business due to downtime, inability to access our service due to no fault of our own, unforeseen occurrences or negligence of 3 rd party companies such as Facebook, Twitter, Youtube, or any other 3rd party with whom We manage Your data, or for any other reason not owing to deliberate negligence on the part of Blitz Web Design. Our shared hosting and managed hosting space may only be used for files directly associated with and accessible through your public facing website, active email and also content of the Client’s public facing website. Hosting space may not be used for storage (whether of media, inactive email accounts, or other data), including, as storage of electronic files, email or FTP hosts. Blitz Web Design expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources related to malfunctioning code that may affect other Clients on the same server and that may be caused by a violation of these Terms of Service. Blitz Web Design may, in our sole discretion, suspend or terminate access to the hosting account, apply additional fees, or remove or delete the Client’s content for those accounts that are found to be in violation of our Terms of Service. Wicket-Keeper Managed Hosting and Maintenance plans provide maintenance hours for you website. These maintenance hours may only be used for updates to the content of Your website and for adding additional pages, updating code, mitigating against attack or correcting errors and performing design updates to Your Website but does not include a complete redesign of Your Website. Wicket-Keeper Managed Hosting and Maintenance plans are not intended to build new Websites or completely rebuild an existing Website. Web hosting plans with add on domains which allow hosting of multiple websites are not to be used to resell hosting to other persons or organizations and doing so is a violation of this Terms of Service. Blitz Web Design reserves the right to refuse service to any Client or potential Client for any reason included existing clients at its sole discretion.
14. Intellectual Property: All materials and designs produced by us for You the Client will remain the property of Blitz Web Design until all outstanding fees have been covered. Upon settling Your balance with us You then retain full ownership of all creative materials produced by us. Rights to 3rd party software, stock images or predesigned templates not produced by us, but used during the development of Your design/application, are specifically not transferred to You and remain in ownership of those 3rd party developers.
15. Consolidated Payment Status: Blitz Web Design reserves the right to treat all payments for services by individual customers as a consolidated balance wherein one unpaid, overdue service means that the customer’s account in general is unpaid and overdue. Blitz Web Design reserves the right to suspend or terminate all services and/or projects for any Client with outstanding or unpaid fees at any time including those services or projects that are unrelated to the particular service or project for which a payment is outstanding. Resumption of service once outstanding amounts have been settled will take place at the sole discretion of the management of Blitz Web Design.
16. Late Payment: Invoices are usually sent on the day the amount is due or before up to 6 days before at Our sole discretion. It is your responsibility as the Client to know when Your due date for monthly and yearly subscriptions occurs. All invoices sent by Us will carry a due date. You agree under all circumstances to pay any invoice sent to You on or before the due date. Blitz Web Design reserves the right to consider an invoice overdue if:
a) An invoice remains unpaid beyond 11:59 pm Eastern Standard Time on the due date.
b) The Client has previously overdue amounts to which a current invoice must now be added
Blitz Web Design reserves the right to, at the discretion of its management, charge a late payment fee of $10 USD or local equivalent for Subscription Service invoices which are 2 days or more overdue. We further reserve the right to change a late fee of $5 per calendar day on overdue payments for Website Development Services. Balances which remain unpaid for 30 business days or more will attract a penalty fee of $5 US Dollars per day for both subscription and one-time services even after those services have been terminated provided that the outstanding amount remains unpaid.
17. Suspension & Termination: Blitz Web Design reserves the right to permanently terminate any Client account with payments overdue for 5 days or more after the payment due date has passed. Account suspension is an intermediate step that may be employed by Blitz Web Design for invoices 5 days overdue at Our sole discretion. In suspending a Client’s account Blitz Web Design does not forfeit it’s right to permanently terminate that account at any time should payment continue to be outstanding. You understand and agree that permanent loss of data may occur at the point of account termination. Any Client may, of his own volition, terminate their services with Blitz Web Design at any time. Outstanding fees due at the time of voluntary Client termination must be paid in full. Should unpaid, overdue amounts still exist at the time of termination, such amounts will continue to attract late fees even after termination of the services associated with that account.
18. Allowance of On-site Reference: Unless explicitly prohibited by You in writing, You agree to allow us to reference Your created project/design or application in our portfolio and to place a link in the footer of Your project which states: “Designed by Blitz Web Design Jamaica” or similar message of no more than 15 words
19. Subcontracting: Blitz Web Design reserves the right to subcontract any aspect of Your project development or service provision whenever necessary to ensure proper quality and efficient delivery. Where Blitz Web Design has, of its own volition engaged the services of 3rd parties or sub-contracts any aspect of the development process to another entity, the Client will not be held liable for delays on the part of such entities.
20. Must Hold Blameless All Clients must agree to hold Blitz Web Design blame-less and not liable for any loss of business, loss of revenue, potential revenue, loss of publicity or exposure due to unforeseen delays in completing any project or delays or downtime with subscription services even if Blitz Web Design has been informed of the possibility of such loss or damage. Should Your project be delayed beyond the Project Development Time-frame, due to delays on the part of Blitz Web Design, You agree to allow up to 25 business days for us to remedy the situation without penalty or breech of contract during which time the Client is free to withhold payment upon till project completion.
21. SSL Certificates Blitz Web Design is a distributor for the SSL Certificates that it sells and these certificates are provided by provisioning companies whose name is borne on the SSL Certificate. In purchasing and SSL certificate through Blitz Web Design You understand that Blitz Web Design does not own the encryption technology used to secure Your website’s data and that all claims made by SSL provisioning companies through our website or on theirs are their own and not claimed, asserted or guaranteed by Blitz Web Design.
22. Affliiate Program Blitz Web Design offers an Affiliate Program and pays commission to Our Affiliates at rates stated on Our ‘Become an Affiliate’ page. The Affiliate Program is free to join and any existing customer of Blitz Web Design may do so. You understand and agree not to use Your membership in our Affiliate Program to obtain services for yourself personally or to refer sales that are paid for using a credit card that bears your name as an Affiliate. You must seek special permission to refer such sales to Us and receive commission for them.
23. Choose Your Price Service The terms of Our Choose Your Price service are stated on its own page on Our website.
Additionally, the following terms apply to the Choose Your Price Service:
- Blitz Web Design reserves the right to accept or reject any Choose Your Price bid offer.
- You understand and agree that in submitting a Choose Your Price bid you are submitting a formal request for services or products to be rendered to You if, at Blitz Web Design’s sole discretion, Your Choose Your Price bid is accepted.
- You further understand that your Credit Card will to charged immediately upon acceptance of Your Choose Your Price bid. At Our sole discretion, we may choose to contact you for further information before charging your credit card.
- A $1 US dollar processing fee is charged for the submission of all Choose Your Price bids.
24. Make The Switch The terms of Make the Switch Promotion are stated on its own page on Our website.
The following terms additionally apply to the Make the Switch Promotion:
- The promotional code stated on the Make the Switch page on Our website must be entered in the appropriate section of the checkout form which asks for a promotional code to be entered and validated.
- Only Wicket-Keeper Managed Hosting & Maintenance plans Elite, Ultimate, Super and Triple Century and eligible for this promotional offer
- The minimum sign-up period of any Wicket-Keeper plan within this promotion or otherwise is 3 months
- You must certify and show evidence where requested that you have now or had in the past 24 months, an actively hosted website, built with another provider that resides on it’s own domain name or has resided in the past 24 months on its own domain name. Websites that are not on their own domain name may be accepted under this promotional offer at Our sole discretion
25. Contacting or contracting any Blitz Web Design staff members: Contacting or contracting any Blitz Web Design staff members to do additional work on your project or for any graphic design, website design, website maintenance, web hosting, web marketing or any other service also provided by Blitz Web Design will be treated as work done by Blitz Web Design for which you will be invoiced at our usual rates. You agree to not accept any offer of freelance work you may receive from any Blitz Web Design employee and further agree that accepting such an offer or initiating such an offer is a breech of your contract with us.
26. Testing Server Time Limit: We present drafts of websites we create for you on our testing server. Our testing server is an online location where you and your staff can review the work we have created for you. You agree that your website must be removed from our testing server upon satisfactory completion of your project by us and transferred to its own paid hosting account with us or other hosting account with another provider. You further agree that this removal and transfer must take place within 10 days of the completion of your website or within 10 days of your last correspondence with us after we have presented the completed website for your review.
27. Recorded Communication: You agree to assume that all communication with Blitz Web Design and its staff are recorded and archived including but not limited to telephone conversations, emails, instant messaging or any other means of communication you may have with Blitz Web Design.
28. Agree not to Disparage: In the event that for any reason you are not satisfied with the services or products given to you by Blitz Web Design, you must agree to not defame, complain or air such grievance on any social media platform whatsoever at any time whatsoever and further agree to air such grievance privately and only to the management of Blitz Web Design in an effort to have us rectify said grievance.