This user agreement is between usamarketingbusiness.net
and you. It applies to the purchase
of any services ordered by you. Please read this carefully
and print it out.
This user agreement is between usamarketingbusiness.net and you. It applies to
the purchase of any services ordered by you. Please read this carefully
and print it out.
By hiring us and using our services you are agreeing to our terms and
services and this is a legally binding contract between usamarketingbusiness.net
We guarantee that we will do the best we can to design your website to meet
your needs at an affordable price.
*We will do our best to please you and get your site on the internet in
a timely manner, usually 4 -8 weeks after layout has been approved by the
Upon completion of the website ownership will be turned over to you.
All fees are required to be paid in full before your account is created
and are nonrefundable.
*Having a website requires HOSTING and set up, currently just 50MB for
for 12 months of website hosting after 1 year. Every design package comes
with FREE hosting for 1 year (Domain Name Not Included).
*All prices are subject to change at any time without further notice.
usamarketingbusiness.net – Terms of Service
(Please ensure that you read and understand these conditions before
paying your advance fee.)
usamarketingbusiness.net. (“usamarketingbusiness.net”) has expertise and
with providing website development, web application development, computer
programming, software development, systems analysis, consulting, technical
support and other specialized technical services (“Services”).
usamarketingbusiness.net shall provide Services to each customer (“Customer”)
that (i) accepts usamarketingbusiness.net’s quote or proposal in writing or via
(ii) executes a separate agreement with usamarketingbusiness.net, or (iii) makes
payment to usamarketingbusiness.net on account of Services (any such Customer,
done any of the foregoing, being deemed to have signed an agreement
which shall be deemed, in all cases, to include the terms and conditions
set forth herein). Each Agreement shall stipulate the exact details of Services
to be provided, all of which shall be governed by and subject to the terms
and conditions set forth below. These terms and conditions shall be deemed
to be incorporated by reference into each Agreement.
The approval for the work to commence and payment of the advance fee
that the client accepts the terms and conditions outlined in this document.
(including Correspondence Via E-Mail)
usamarketingbusiness.net Intellectual Copyright:
usamarketingbusiness.net holds intellectual copyright of any material,
code and original images created for the client until payment of the final
invoice. At this time we will transfer this intellectual copyright to the
Clients Responsibilities with Regard to Copyright:
In situations where the client provides images, text, animations, layouts
or any other content for their website they are legally responsible for
ensuring that this material does not infringe any copyright.
Certain images provided by usamarketingbusiness.net may have been purchased
from stock image suppliers. These images are generally only licensed for
use on a website. The licence may not permit them to be used in publicity
material. The website owner is legally responsible for ensuring that this
does not happen. If you wish to use any images from the site for other purposes
please contact us for clarification.
All third party costs arising from the registration of a domain name shall
be met by the Client. usamarketingbusiness.net recommend that clients register
own domain names so that they have full ownership of these but where we
have registered a domain name on the client’s behalf we agree to transfer
this domain name to the client immediately upon request and without charge.
Search Engine Promotion:
If Search Engine Optimisation has been agreed, the client must be aware
that usamarketingbusiness.net is not responsible for ongoing web site promotion.
the client require the site to be promoted on an ongoing basis a separate
contract must be agreed. The order in which websites are ranked in the natural
search results is controlled by the search engines. While we can optimize
your site initially for this by making it search engine friendly, it is
impossible to make any guarantees on ranking position.
Clients Responsibilities with Regard to backup:
The client is provided a backup copy of the website and all database files
upon request as long as the website is not suspended or deleted.
We do not backup files on our local computers, we back up the files on a Private
FTP Drive for the customer to download.
Backups are stored for 7 days on this account and then will be deleted.
Its the customers responsibility to store the files on their own media type.
Should the client wish to cancel at any point during the process they shall
remain liable for the work that has taken place and shall be invoiced
Failure to Provide Required Website Content:
You must ensure that we are not delayed as a result of late delivery of
the material and content required to complete your website.
This is why we ask that you provide all the required information in advance.
On any occasion where we are delayed because you have not provided this
information, we reserve the right to be free from any responsibility of
the breach of services. Also, if your job involves Search Engine Optimization,
we need the text content for your site in advance so that the SEO can be
planned and completed efficiently.
If you agree to provide us with the required information in advance and
subsequently fail to do within four weeks from the date of the project
we reserve the right to archive the project and shall be subjected to new
negotiation with the management.
Conceptualizingis the process of producing website concepts for clients.
Concepts can include site mock ups, graphics and design proposals. This
clearly takes a lot of time most particularly involving higher cost of websites
will be included. For low cost sites (say below Php 35, 000.00) you should
be aware that (unless previously agreed in E-mail) only one concept is possible.
You should therefore ensure that you have informed us of your preferred
color scheme and design requirements beforehand. Otherwise, If you don’t
do this, we may be compelled to design the website appropriately as we deemed
it right. If it is not to your taste we may not be able to rework the website
without additional charges. This is why it is often best to show us another
website that you like as an example of what you require.
Travel Time and Travel Expenses:
Traveling time to and from customer premises is not generally included
in our estimate. usamarketingbusiness.net reserves the right to make a charge for
time at our current hourly rate. Likewise usamarketingbusiness.net reserve the
to charge for traveling expenses based on fare rate + 10%. (NOTE: There will be
no charges for traveling time or expenses incurred during the quotation
process, i.e. before you give your approval for work to commence.)
The price quoted to the client is for the work specifically agreed on the
quotation only. Should the client decide that changes are required after
work on the website has commenced there may be a surcharge.
Payment – Advance Fee:
An advance fee of 100% of the total cost of the project is required before
work can start. Clients should only pay this advance fee if they agree to
our terms and conditions. Advance payment will be taken as part and parcel
in the compliance of the agreement.
Payment – Refund Policy:
Request for cancellation of Website design order after 7 days with no work
done yet, 75% of the down payment will be refunded. However, if the work
has started on the website only 50% of the down payment will be refunded.
But if the work on the website has completed more than 50% of the
project, there will be no more refund of the down payment made by the customer.
Under special circumstances, usamarketingbusiness.net shall reserve negotiable
options as may be considered.
Unless otherwise agreed, payment is only accepted in Cash, Bank deposit
/ Money transfer (XOOM), Paypal.
Payment by Credit Card:
Credit card payments are accepted via our Paypal electronic invoicing system.
These payments are subject to a $15 (USD) surcharge and full payment is
required in advance. (Your credit card should offer you purchase protection.)
Payment of Balance:
Invoices are only issued when clients accept that their website has been
completed to their satisfaction. Payment of the balance is due immediately
on completion of the website. We reserve the right not to launch the website
until full payment has been received.
Late Payment 1:
Any and ALL websites previously launched may be removed if payment is not
forthcoming. When this occurs an additional minimum charge of Php500.00
will be required to have the site restored.
Late Payment 2:
All Accounts that have not been settled within 7 days of our final reminder
will incur a late payment charge of 10% of the outstanding amount. You will
also be charged statutory interest of 8% above the reference rate (fixed
for the six month period within which date the invoices became overdue)
pursuant to the late payment legislation.
Late payments 3: over 90 days late with your payment will
ALL the domains,
hosting and/or website(s) contract(s). After 3 attempts have been made to
the customer via provided contact information. Within 90 Days the website
will be concerted “Abandoned” and will be discontinued for future backups,
domain registration, backups, hosting and/or maintenance.
ALL Your websites will be handed over as a fully functioning, completed
work. Unless it has been agreed beforehand usamarketingbusiness.net is not
for future support. Support can be provided upon request for an agreed fee.
Your website is offered as a single contract and no guarantee of the
of future support from usamarketingbusiness.net, Marketing is offered unless an
support package(Website Maintenance services) has been agreed.
Future Site Problems:
Problems caused by malicious software, spyware, viruses and website hacking
are a fact of life on today’s Internet. It is unlikely that these will affect
your website, and usamarketingbusiness.net will endeavour to protect it from these
as much as we can during its creation, but after the website is handed over
we cannot be held responsible for problems caused by illegal activity or
the actions of others.
Access of client to control panel:
While usamarketingbusiness.net is yet in full control of the website
are not granted the access to the control panel in the interest of website
development and security. Unless the client shall have their existing hosting
provider which shall become the subject for ensuing arrangement.
usamarketingbusiness.net makes no warranties or representations of any kind for
services being offered. The service is provided on an “as is”
and “as available” basis without warranties of any kind, either
express or implied, including but not limited to warranties of title,
or implied warranties of merchantability or fitness for a particular purpose.
No advice or information given by usamarketingbusiness.net or its agents or
shall create a warranty. usamarketingbusiness.net provides no warranty that the
will be uninterrupted or error free or that any information, software or
other material accessible on the service is free from viruses or other harmful
components. Under no circumstances shall usamarketingbusiness.net be liable for
direct, indirect, special, punitive, or consequential damages that result
in any way from your use of or inability to use the service, or for third
parties’ use of the service to access your Web space, or to access the Internet
or any part thereof, or your or any third parties’ reliance on or use of
information, services, or merchandise provided on or through the service,
or that result from mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation or transmission, or any failure of
performance. You assume total responsibility and risk for your use of
servers and the Internet. It is solely your responsibility to
evaluate the accuracy, completeness, and usefulness of all opinions, advice,
services and other information, and the quality and merchantability of all
merchandise provided through usamarketingbusiness.net or on the Internet
Compliance with E-commerce, Accessibility or Other Regulations:
We design websites in accordance with the client’s specifications. It is
the client’s responsibility to ensure that the website and its content comply
with current online trading laws and regulations.
We cannot accept responsibility for any failure to comply with laws and
regulations related to accessibility, selling online or those related to
a specific business or trade. We can research this on the client’s behalf
upon request, but in any business where complex compliance issues may exist
we recommend that the client takes legal advice from their company lawyer.
Validity of Quotation:
Unless otherwise agreed, any quotation provided will be valid for 30 days
from the date of receipt.
Should usamarketingbusiness.net waive any of these terms on an individual
shall not affect the validity of remaining clauses or commit usamarketingbusiness.net
to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not
usamarketingbusiness.net reserves the right to change or modify any of these
or conditions at any time. Should clarification of any of the above be required
*By creating a website for you, we offer no guarantees, implied or
*It is your responsibility to get information, pictures, etc. to us as soon
as possible within 30 days of hiring usamarketingbusiness.net. The final payment
be made after 30 Days! NO EXCEPTIONS!
*We will not be held responsible for delays because we did not have the
necessary information sent to us within a timely manor. It is your
responsibility to provide all
written site information(unless otherwise specified in the contract) , proof
read, find errors, check links, test shopping cart, contact forms etc. within
30 days of the date stated on the contract and/or before accepting ownership
of your completed website.
*Once full payment for design has been made complete ownership and
belong to you, the website owner, not usamarketingbusiness.net, and we will not be
held responsible or liable for anything.
*We do not guarantee that your website will thrive, generate traffic and/or
make money. We do all we can to promote it (based on your contract with
us), but it is your responsibility to promote it farther. *usamarketingbusiness.net
is not responsible for server failures, down time or loss of data.usamarketingbusiness.net is not responsible for backing up data.
*WE will not be liable for any loss or damages that result or are alleged
to have resulted from the use of or inability to use the Services, or that
results from mistakes, omissions, interruptions, deletion of files, loss
of data, errors, viruses, defects, delays in operations, or transmission
or any failure of performance, whether or not limited to acts of God,
failure, theft, destruction or unauthorized access to our records, programs,
equipment or services.
*usamarketingbusiness.net has the right to discontinue association with a
at anytime and will not be held responsible for hosting or maintaining the
site. We reserve the right to revoke this contract at anytime, due to
violation of terms of usamarketingbusiness.net or any action by you that could
on the business or reputation of usamarketingbusiness.net or for any reason
we deem necessary. This Agreement may be terminated by either party by giving
the other party prior written notice.
*Refunds will be given only for prepayment of hosting or other monthly
not used, a cancellation fee of 1,500php will be charged. If termination
is due to nonpayment (within 2 weeks of due date) a reinstatement fee of
500Php will be collected before website will be uploaded again to server.
*usamarketingbusiness.net is not responsible for any content, graphics, or
of copyright due to information, etc. provided by the client. Your graphics
are copyrighted and therefore belong to the designer, but you have purchased
the right to use them provided copyright and link information for graphic
designer and usamarketingbusiness.net remain intact on all pages at all times. PWD
Marketing does not verify content, graphics or products provided by client,
therefore will not be held responsible for any disputes as to ownership
and/or use of copyright materials. *usamarketingbusiness.net is not responsible
for any guarantees for products or services offered on a website we design.
Any disputes must be handled by involved parties, not usamarketingbusiness.net.
*usamarketingbusiness.net is not responsible for or any loss of money due to
card fraud. The shopping cart service we use is a added service, not associated
in any way with usamarketingbusiness.net. *usamarketingbusiness.net does not
guarantee that your
website will be viewed correctly on all computers. Older browsers, AOL,
WEBTV and Netscape may be viewed differently although we do code within
*This user agreement is between usamarketingbusiness.net, and you and it
the purchase of any services ordered by you. Please read this carefully,
by hiring us and using our services you are agreeing to our terms and services
and this is a legally binding contract between usamarketingbusiness.net and
*Customer agrees to defend and hold harmless usamarketingbusiness.net and
affiliated companies from and against any and all claims, damages, losses,
liabilities, suits, actions, demands, proceedings (whether legal or
and expenses (including, but not limited to, reasonable attorney’s fees)
threatened, asserted, or filed by a third party against any of the indemnified
parties arising out of or relating to Customer’s use of the Services.
*Customer agrees that WE, under any circumstances, shall not be held
or liable for any indirect, incidental, special, consequential or punitive
damages, or loss of profits, revenue, data or use by Customer, any of its
customers, whether in an action in contract or tort or strict liability
or other legal theory.
at any time at our sole discretion, and Customer shall be bound by any such
amendment, modification or update.
*WE reserve the right to amend service offerings and add, delete, suspend
or modify the terms and conditions of the Services, at any time including
changing our Rates for services which will apply to both existing and future
*Completion of the site is when all pictures and information supplied within
30 days of commencing work on the website have been added to the site and
additional informational pages have been completed. Some terms of this agreement
have been amended as of 1-09-2013.