Society Sites - a Division of Clarified Designs, Inc.

Website Development and Hosting Terms & Conditions

• "We", "us", and "our" means "Society Sites, LLC" and all of its employees, agents, or representatives.
• "You", "your", and "the customer" means any individual or group that makes use of any of our products or services.

1. We will not become involved with any websites that:
   • contain adult-only material;
   • actively promote any particular political, religious, military, or sexual activity;
   • are related to the tobacco industry;
   • involve any form of gambling;
   • are offensive or defamatory, or promote any practice that may be viewed as offensive
     
   • are involved in sending unsolicited bulk e-mail (spam);
   • are misleading or contain statements that are not true;
   • involve any form of supernatural activity, fortune-telling or the occult;
   • involve any illegal activity (including copyright violations);
   • we decide to refuse for any reason of our own.


2. If you include any such material as listed in clause 1 in a website hosted by us, we reserve the right to suspend supply of any services to you - including taking your website off line if we deem it necessary.


3. It is your responsibility to ensure that any material that appears on your website is lawful and does not infringe on any copyright laws or trademarks.


4. You agree to indemnify us against any legal action that may result from material that appears on your website.


5. You must not send unsolicited bulk e-mail (spam).


6. You must not knowingly send or execute any form of computer virus.


7. You must not send chain letters in any form, including e-mail.


8. You must provide us with your postal address, telephone number, and e-mail address.


9. We reserve the right to contact you via post, telephone, or e-mail for matters relating to the work we are undertaking on your behalf, any products or services we are supplying to you, or relating to these terms and conditions.


10. You must ensure that your site and all of your activities in relation to it, comply with all relevant data protection and other legislation.


11. You must take reasonable precautions to protect any user names and passwords that are used in connection with any products or services we supply, and to prevent unauthorized persons from obtaining or using them.


12. You agree to supply to us in a timely manner any text, images, or other material that may be required for the creation of your website, as requested by us, and in the format(s) agreed between us.


13. Where your requirements for the website we are constructing for you change or are added to or deleted from in any way, we reserve the right to amend the amount we charge you to reflect the changes.  We will inform you if there is any increased charge involved before proceeding with extra or amended requirements.  Where a requirement is withdrawn, we reserve the right to charge the full price (or a proportion thereof) for the requirement or feature, even though it is not used - however, we will only do this if we have already spent any time or money on developing the requirement or feature.


14. Any further work undertaken after the design of your website has commenced will also be bound by these terms and conditions.


15. Any estimates relating to the time of delivery of any product or service to you are subject to change. We cannot be held liable for the consequences of any delay that might occur in delivering products or services to you.


16. All source code that is used in the creation of your website remains our property and may not be used (except in its original intended context) without our consent. This includes but is not limited to code written using: HTML, CSS, PHP, JavaScript, ASP, and ASP.Net. This clause does not apply if the material is already freely available in the public domain.


17. You retain the copyright to any text, images, or other material that you supply.


18. We retain the copyright to any text, images, or other material that we supply, and grant you license to use them only in their original intended context as defined by us.


19. We will not be held responsible for any loss or damage however caused, that results from the provision or use of our products or services, including but not limited to any printed or digital materials that may come into our possession.


20. If you contravene any of these clauses, we reserve the right to cease supplying all services, and to remove any connection between us and you that may appear on your site immediately. Contravention of any of these clauses implies that you wish to terminate our agreement with you, and any outstanding fees would become due immediately.


21. We reserve the right to include a link to our website on at least one page of your website that we design.


22. We reserve the right to amend these terms and conditions at any time without notice.


23. We reserve the right to cancel any of our agreements with you at any time by providing 7 days notice to you in writing. You have a similar right to terminate any agreements held between us by providing 7 days notice in writing; however, on so doing you become immediately liable for all outstanding charges, including the full cost of any web design or other work that we have started.


24. Upon termination of any agreement, you are liable for all outstanding fees, which will become payable immediately.


25. For tailor-made websites, a deposit of 25% of the quoted price, or $500 - whichever is greater - is required before we start work on your website, unless otherwise agreed with us.


26. No contract of any kind may be construed by anything that appears on any of our websites. However, these terms and conditions are applicable from the moment we begin providing any product or service to you after you have placed an order with us.


27. All fees must be paid in full within 30 days of the invoice date unless otherwise agreed with us.


28. We reserve the right to de-activate your website and/or cease providing any goods or services to you at any time and to charge interest and recover our credit-control costs from you if any payments that are due from you are late.


29. During the development of a tailor-made website, we will provide you with a URL link and/or private access to a prototype version of your website.  You must inform us immediately if there is any aspect of the prototype site which you feel is unsatisfactory for any reason whatsoever.


30. In the event that you are not satisfied that the agreed work has been successfully completed, you must inform us immediately, and state the full reasons for your dissatisfaction.  Upon resolution of the items you raise, the work will be deemed to be complete, and payment will become due.


31. We cannot be held responsible for any products, services, or facilities provided by a third party, including but not limited to services relating to web hosting and associated features.


32. In any case, our liability shall be entirely limited to the sum paid to us by you within a maximum of 1 year of the date that your complaint was raised.


33. A contract is deemed to have been entered into only after we have accepted your order (which may be placed either by completing an online form or by sending us a letter or e-mail requesting a particular product or service) and have commenced the work and/or set up the service or dispatched the product to you. This is irrespective of whether or not payment has already been made. If payment has already been made and the order is rejected for any reason, a full refund will be given provided you have not contravened these terms and conditions.


34. We may keep records of all client details, orders, invoices, and transactions in an online database for a period of at least 2 years but no more than 10 years. We may also retain hard copies and backups of these records on our premises or with our accountant(s), solicitor(s), or bank(s). You will be given access to your own details, orders, and invoices if requested. We do not store credit or debit card numbers in our database, as these are processed by a third-party payment service provider. We never share this information with anyone except members of our own company who need it to process your order or our financial records, our accountant(s), solicitor(s), bank(s), or any government agency where necessary.


35. If you make an error when completing the details of an order, you will be given the opportunity to correct this before submission if filling in a form online. If you are placing an order by other means, you may contact us be e-mail, letter, or telephone to request the amendment of any errors.


36. Contracts may only be concluded in the English language.


37. Where a refund is due to you, we will always attempt to refund you in the same manner that the original payment was made (eg. by returning the funds to your credit or debit card if you paid by debit or credit card), but we reserve the right to use an alternative means of our choice if we deem it appropriate.


38. Any legal dispute between you and us will be settled in the courts of the United States.


39. In the event any one or more of the clauses in these terms and conditions is deemed to be invalid for any reason, the remaining clauses will be unimpaired and the terms and conditions will not be void for this reason alone.