POLICIES & TERMS

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Payment Terms
We will begin the process of creating your website when the full setup fee for the website is received. This applies to the Basic, Plus, and Professional website setup. If we design a custom logo in addition to a custom website design, we will only require half of the website setup fee to get started.

Late Fees
Invoices are due on receipt and will incur a $15.00 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each week of delinquency. We reserve the right to remove webpages from viewing on the Internet until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

Maintenance Fees
We will support your website before, during, and after we design your website. Our fee to create the site does not include maintenance costs. Maintenance costs are billed at our hourly rate of $50, billable in 30 minute increments. You are only billed when you request updates to the site. Changes may be requested via email to info@massage-therapy-websites.com.

Monthly Hosting & Support Fees
Your monthly hosting and support fees will be automatically charged to your credit/debit card on file or deducted from your bank account on file each month. If the transaction to your method of payment on file fails for any reason due to non-sufficient funds, closed bank account, etc, there will be a $15 fee incurred for each failed transaction. This amount must be paid in order to reactivate the account. If the $15 fee and the monthly hosting payment is not paid within 7 days after the failed transaction, the hosting account will go into suspension. Once the website is suspended, there is an additional $40 due to reactivate the account.

Cancellation
In the event that work is postponed or cancelled at the request of the client, Massage Therapy Websites shall have the right to retain the original deposit. In the event this amount is not sufficient to cover the time already invested in the project, additional payment will be due.

Timely Communication by the Client
Massage Therapy Websites will work expeditiously with you to create your new website.  You can expect prompt responses and delivery of website concepts and website drafts until we have your website complete.  We also need prompt responses and materials from our client in order to deliver your new website.  In the event that the client is non-responsive and/or has not provided requested materials to finish their website for a period of 4 months or more, we will consider the project terminated.  No refunds will be provided on deposits or progress payments paid and in the event this amount is not sufficient to cover the time already invested in the project, additional payment will be due. 

Warranties
Massage Therapy Websites does not warrant that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with Client. In no event will Massage Therapy Websites be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights, Trademarks, Limited Liability, and Indemnification

The Client represents to Massage Therapy Websites and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Massage Therapy Websites for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Massage Therapy Websites and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. Copyright to the finished assembled work of webpages produced by Massage Therapy Websites is owned by Massage Therapy Websites until final payment is received.  Upon receipt of final payment, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website.  Rights to photos, graphics, source code, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. 

Under no circumstances, including negligence, shall Massage Therapy Websites, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Massage Therapy Websites’ services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Massage Therapy Websites’ records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Massage Therapy Websites’ services.  Massage Therapy Websites holds no guarantee that Client’s website, and products or services offered on their site, will be profitable or successful.  Massage Therapy Websites cannot be held responsible for third party applications Client’s website may integrate with, which includes shopping carts, message boards, databases, etc. 

Client agrees that it shall defend, indemnify, save and hold Massage Therapy Websites harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against Massage Therapy Websites, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employee or assigns. Client agrees to defend, indemnify and hold harmless Massage Therapy Websites against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with Massage Therapy Websites’ service, any material supplied by Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which Client has sold in the Web Design.

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You can also call us at (281) 993-4011 or email us directly at info@massage-therapy-websites.com

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