Web Site Terms and Service Agreement

 

Website Express is a dba of Golden Ratio Media, LLC. This Service Agreement is a legal agreement between Customer (either an individual or a single entity and will be referred to herein as "Customer" or "Client") and Golden Ratio Media, LLC (referred to herein as "Company "). This Agreement constitutes the entire agreement between Customer and Company.

 

1. Terms

By accessing this web site or utilizing Company's services or digital products, Customer is agreeing to be bound by these web site Terms and Service Agreement, all applicable laws and regulations, and is responsible for compliance with any applicable local laws. If Customer does not agree with any of these terms, Customer is prohibited from using Company's services and products or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

 

2. Use License

Company Services
When Customer purchases one of Company's web packages, permission is granted to use Company's hosting and content management software only during the duration of Customers paid and active subscription. Use of Company's software will not be granted once Customer's account is no longer active whether due to Customer's discontinuation or an expulsion by Company due to terms violation.

Customer at no time has ownership over Company's hosting and content management software. Such software is the exclusive property of Company and is never transferred to customer during an active account status or after the account is canceled.

Ownership of premium and original services content, such as print and graphic design shall be transferred to the client only after the service has been paid in full and if Customer's account with Company is in good standing.

Stock Assets
All stock audio, video or photography is licensed to Company for use on Customer projects and is under the standard licensing restrictions. Customer must be invoiced and then purchase an extended license for use above the standard license. Licenses are not transferred to Customer when Customer becomes inactive or closes account with Company. For continued use after Customer becomes inactive Customer must purchase their own license from stock agency. Customer is responsible for using content within the terms of the stock licensing agreement. All other content provided to Company by Customer for design purposes is assumed to be owned by the Customer or permission has been obtained by Customer for use of such content.

With a Standard license, you may:

    -Reproduce up to 500,000 copies of the asset in product packaging, printed marketing materials, digital documents, or software.
    -Include the asset in email marketing, mobile advertising, or a broadcast program if the expected number of viewers is fewer than 500,000.
    -Post the asset to a website with no limitation on viewers. If the asset is used in an editorial manner, attribution is required in this format (© Author Name - stock-agency).
    -Include the asset in products in a minor way, such as in a textbook.

With a Standard license, you may not:

    -Create merchandise or products for resale or distribution where the main value of the product is associated with the asset itself. For example, you can't use the asset to create a poster, t-shirt, or coffee mug that someone would buy specifically because of the asset printed on it.

Full stock license details available upon request.

 

3. Limitations

In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services and products provided by Company, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage.

Company will strive to keep its services running reliably but Company will not be held responsible for any losses you may incur through their use. If you are a business, you should ensure that you have adequate business insurance, and we recommend you contact an insurance agent or broker. As a customer of Company, you agree to indemnify, defend and hold harmless Company, its owners, officers, directors, employees, affiliates, or resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) that may arise from your use of our services. Unless specifically addressed and mutually agreed to within a service level agreement or security plan, Company will not cover you for any losses due to hacker attacks, denial of service attacks or other criminal activities. If your business relies on your Web site for commercial purposes, it is your responsibility to ensure that you have proper business insurance coverage. If server(s), web software, website or content owned by the customer are housed within our data center, it is your responsibility to ensure that you have proper business insurance coverage for those assets. As a customer of Company, you agree that you are responsible for any content you provide via your Web site, and it is your sole responsibility to ensure that it does not infringe upon any existing trademark or copyrighted material.

Company is not responsible for hosting or storing Client files or content once the Client becomes inactive. When a Client no longer has an active domain in the Company's internal registrar account or their hosting has expired or been canceled the Client account is automatically set to inactive. If a Client requests the cancelation of all services they are immediately set to inactive as well. Company will not host or store in any form any files or content for the Client after they are set to inactive. It is the Client's responsibility to request or procure from the hosting environment any files they may need before becoming inactive. Client files or content includes files and content added or uploaded to the website by company or Client, or any files created by company for the Client. Including but not limited to all original high-quality design files, multimedia, print-ready files, web files, newsletter lists, store or form information. Company proprietary templates and website software is never given to the Client in any circumstance. Company is not obligated to inform Client that their account has been set to inactive as this status change often occurs automatically based on the outlined circumstances and other factors. It is the Client's responsibility to maintain an active account with Company. Once a website hosting service or email hosting services has been canceled Company will remove and permanently delete all data and files related to that service and is not obligated to store client's content after service cancelation. For storage of data or files related to canceled services please request a storage quote before canceling a service.

 

4. Content

Content that is posted on a hosted website cannot violate US copyright laws. Customer is solely responsible for all text, graphics, data and all other aspects of Customer’s website content. Customer warrants that it owns or has the right to use and offer the content on its website. Company may terminate Customer's hosting contract if copyright violations occur. Company does not allow pornographic content or materials to be posted on a hosted website. This includes content considered 'XXX' by industry standards as well as images of artistic nudes. Posting any malicious content will result in an immediate termination of hosting services. Company is not liable for content posted by Customer on Customer's website.

It is assumed that all materials submitted to Company by Customer for use in design or multimedia products or services are owned by the Customer or have been licensed accordingly to Customer for such use. When submitting text, graphics, audio, video, images, or other multimedia elements to Company's designers the Customer must make sure that they have obtained the permissions, licenses or secured the proper contracts to use such materials. Company is not responsible for researching, vetting, or interpreting the copyrights and ownerships related to any Customer-supplied materials. Customer is solely responsible for the content that they submit to Company for use on Customer projects or put on Company's platform. When Customer provides content to Company for placement on the website or other materials the Customer must review the added content and check it for accuracy and submit any changes if applicable. It is the client's responsibility to make sure the content and text is correct and accurate as well as grammatically correct and free from typos and errors.

 

5. Software

Company provides a range of software tools for use on Customer's website. Company does not tolerate the use of its software by the Customer for fraudulent or illegal purposes. The use of Company's software by the Customer must at all times be legal and law abiding as well as in full compliance with these terms of service.

1. Customers who uses any eCommerce or Store software provided by Company or one of its partners must do so only for legitimate business purposes. If Customer collects payment for products then all products must ship within 14 days of payment processing, unless such products have been clearly marked as being on back-order before the visitor checks out and submits payment. On items such as "pre-sales" which require payment and then product shipping at a later date, pre-sales can not be collected unless it is 30 days or less from the actual ship date. Customer is always required to provide prompt and satisfactory support service when contacted by their store visitors and purchasers. If Company recommended or set up a third-part software provider for Customer to use then such use by Customer must adhere to the third-party's terms of service.

 

6. Refunds

Website Hosting
We offer a 15 day guarantee on website hosting services. If Customer is not satisfied with their hosting experience then the full hosting payment will be refunded. The 15 day period begins on the product registration date. Whether the website domain name points to the website or the website is live and/or completed is not a factor. Customer must request a refund within the 15 day period via written communication or over the phone to our support staff in order to be eligible for the hosting refund. Once the Customer exceeds the 15 day period they are no longer eligible to request a full or partial refund regardless if they paid for 1 month or a full year of hosting. Cancelation requests must come from the account holder or an individual that the account holder has authorized as an account contact. Customer is not eligible for a refund if they violate any of our hosting terms and the account is terminated by Company, even if their account termination is within the 15 day period.

Design and Premium Services:
All other services outside of website hosting is considered a design and/or premium service. If Customer orders and pays for a project but Company has not yet started on the project, Customer is entitled to a full refund if they decide to cancel the project. If Customer orders and pays for a project and then decides to cancel the project but Company has already started on the project and/or completed up to 1/2 of the project then Customer is only entitled to a refund of half of the total project price. If Customer orders and pays for a project and then decides to cancel the project but Company has already completed more than 1/2 of the project then Customer is not entitled to a refund. Customer must cancel project and request a refund via written communication or over the phone to our support staff. Cancelation requests must come from the account holder or an individual that the account holder has authorized as an account contact with service change permissions. All materials pertaining to a canceled project whether incomplete or completed will be given to the Customer upon cancelation, unless client has not met the payment requirements above. If Customer orders a project or service and requests that the work begin but has not yet paid for such services Customer is obligated to pay for the amount of work completed by Company. Percentage of work completed in regards to project totality is decided by Company's sole discretion.

Refunds on abandoned projects will not be issued. See section 7 of this document.

Company's full Billing Policy can be found here.

 

7. Inactive and Abandoned Projects

Company always makes every effort to communicate with Customer and work on and send updates regarding Customer's project. In circumstances where Customer has not communicated with Company or provided feedback, direction and approval regarding Customer's project, Company will consider the project abandoned after 60 days and deactivate the project from Company's work queue. Depending on the type of project it may be reactivated and put back in Company's work queue at the sole discretion of Company. Company may charge a fee to reactivate an abandoned project. Most projects have significant milestones that must be approved by Customer via written email before Company can progress to the next project milestone. Therefore written communication is especially imperative and required.

A project will be considered abandoned if no written communication is received from Customer after 60 days from the last written communication from Customer to Company. Company will attempt to reach Customer via the phone number on file, and will send at least 3 written communications to the email address on file. It is the Customer's responsibility to assure that Customer's contact information is kept up-to-date by either logging into Customer's client account or contacting support.

Abandoned projects will not be refunded. It is the duty of Company to have all staff and resources on hand during the beginning of a project in preparation to bring the project to completion. If client does not communicate with company for 60 days, those company resources are reassigned and the project is considered abandoned. Refunds in any amount will not be given after the project status is changed to abandoned. If Company has not received communication from Customer for more than 12 months then Customer's project cannot be reactivated.

 

8. Site Terms and Service Agreement Modifications

Company may revise these terms at any time without notice. By using this web site and acquiring Company's services, Customer is agreeing to be bound by the current version of the Terms and Service Agreement.

 

9. Governing Law

Any claim relating to Company or it's services, products, or WebsiteExpress.com web site, shall be governed by the laws of the State of Montana, without regard to its conflict of law provisions.

 

Updated: Aug. 30, 2019