Spare Change Websites - Low cost website design
Spare Change Websites - Low cost website design
Spare Change Websites - Low cost website design
Terms
Spare Change Websites offers professionally designed websites at bargain prices

Terms and Conditions
spacer

spacer
Welcome
spacer

Welcome to the Spare Change Websites site at http://www.SpareChangeWebsites.com.

This Agreement explains our obligations to you, and your obligations to us in regard to the service(s) you purchase.


spacer
Definition of Terms
spacer

  • SPARE CHANGE WEBSITES
    • “Company”, "we", "us" and "our" refer collectively to SPARE CHANGE WEBSITES, its agents and subcontractors.
  • CLIENT
    • Any individual, company or other entity utilizing the services of SPARE CHANGE WEBSITES.
  • CONTRACT
    • An agreement made between SPARE CHANGE WEBSITES and CLIENT, whether approved electronically (by clicking "I Agree"), written, emailed or faxed.


spacer
Standard Terms of Agreement
spacer

  1. Authorization
    1. A CLIENT engages SPARE CHANGE WEBSITES as an independent contractor for a specific project either electronically, in writing or via email. When necessary, the CLIENT authorizes SPARE CHANGE WEBSITES to access their ISP account, and authorizes the ISP to provide SPARE CHANGE WEBSITES with any necessary "write permission" for the CLIENT’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The CLIENT also authorizes SPARE CHANGE WEBSITES to publicize their completed website to Web search engines, as well as other Web directories and indexes.
  2. Warranties
    1. SPARE CHANGE WEBSITES represents and warrants to the CLIENT that it has the experience and ability to perform the services required in any agreed upon CONTRACT; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of any CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT’s satisfaction
    2. The CLIENT represents and warrants to SPARE CHANGE WEBSITES that it will provide CLIENT materials as required in a professional, competent and timely manner; that it has the power to enter into this Agreement on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.
  3. Standard Products and Services
    1. WEB SITE DEVELOPMENT: Unless otherwise stipulated in the CONTRACT, the standard website development as defined through SPARE CHANGE WEBSITES is as follows (and also displayed on Our Process web page):
      1. CLIENT initially contacts us via our web request form (My Website Request), e-mail, or phone.
      2. SPARE CHANGE WEBSITES will promptly contact CLIENT to discuss the content/color of CLIENT’s free sample page. Within 48-72 hours of receiving the content (text/logo/pictures) for the sample page, a draft will be placed on a draft folder on SPARE CHANGE WEBSITES’s site for CLIENT’s review/suggestions/approval.
      3. If CLIENT is satisfied with the sample page, then the full Basic Website Package price ($499 USD) is required (via SPARE CHANGE WEBSITES’s ecommerce page) before work resumes. Upon payment, CLIENT’s domain name and Internet Service Provider will be procured.

        Note: Final cost will be more if CLIENT elects to include more than 6 pages in their website or opts to have any Flash or stock images within the site.
      4. CLIENT provides content for the remaining website pages. Once content is received, it will take one - two weeks to complete the website.
      5. The completed site will be submitted for your approval. You may request revisions to the site (via e-mail) for up to 45 days until you are pleased with the site.

        Note: After the 45 day review period, any subsequent changes that you request will be billed at the rate of $25 per hour.
      6. Upon CLIENT’s final approval and (e-mail) signoff on the completed website, it will be published live on CLIENT’s web domain and the CLIENT site will be submitted to the major search engines.
    2. WEB HOSTING: Unless otherwise stipulated in the CONTRACT, the standard website hosting as defined through SPARE CHANGE WEBSITES is as follows:
      1. If hosting is included in the services you purchased from us as part of our bundled Basic Website Package, we will host and maintain your website at a hosting provider of our choosing at no additional cost to you.   At this time, we use (U.S. based) Lunarpages for web hosting.
      2. Included in the web site hosting package is email service with access to an SMTP server for outgoing emails and POP3 and forwarded email addresses for incoming emails. Additionally included is a web-based password-protected email application for sending & retrieving emails.
      3. If one or more domain name(s) are included in the services you purchased from us, the domain names will be purchased and renewed by us through a registrar of our choosing. You may specify the domain name(s) you want or we will provide recommendations to you. The domain name must be available for purchase through an ICANN-accredited registrar and must have one of the following domain extensions: .com, .org, .net. Prior approval is required for all other domain extensions (.us, .biz, .info, etc.).
      4. You acknowledge that we are affiliates/resellers and not direct providers of website hosting and domain names. You also acknowledge and agree that we are not responsible for server downtime, misdirected or undeliverable email, or any other server- or domain-related errors. We will make a reasonable effort to select a reliable web host - (since 2004 we have used Lunarpages to our satisfaction) - and thus ensure you receive service; however, we cannot make any guarantees that the hosting and domain services will be uninterrupted or error-free.
      5. The sending of spam, or Unsolicited Bulk Email (UBE), is not permitted on accounts hosted or managed by SPARE CHANGE WEBSITES. Violation is grounds for immediate termination of hosting service.
    3. DOMAIN NAMES:
      1. Domain name search and advice. If a domain name is needed, SPARE CHANGE WEBSITES may suggest appropriate names and check (or direct CLIENT to) a location such as whois.net to do a search to ascertain the availability of those names. The determination of a domain name’s availability does NOT guarantee it will be still available at the time of registration.
      2. Domain name registration or transfer. If needed, SPARE CHANGE WEBSITES will assist CLIENT to complete the necessary forms to register or transfer a domain name as selected by the CLIENT. Although SPARE CHANGE WEBSITES will assist in submitting forms to register a requested domain name in a timely fashion, SPARE CHANGE WEBSITES does not guarantee the availability of any domain name.
      3. If CLIENT wishes SPARE CHANGE WEBSITES to maintain the domain name records through SPARE CHANGE WEBSITES’s registry, SPARE CHANGE WEBSITES will use SPARE CHANGE WEBSITES’s contact information for Admin and Technical contact. This does not indicate that SPARE CHANGE WEBSITES has any ownership rights to the domain name. As long as the name is paid for by the CLIENT, it is owned by the CLIENT (or other stipulated parties), and upon written request by CLIENT will be relinquished to CLIENT at any time.
      4. The sending of spam, or Unsolicited Bulk Email (UBE), is not permitted from domain names procured by SPARE CHANGE WEBSITES.
    4. CONTENT:
      1. SPARE CHANGE WEBSITES respects the Internet’s freedom of open communication. However, per our wishes and for the benefit of our customers, SPARE CHANGE WEBSITES web design and hosting agreements do not allow:
        1. Pornographic or obscene material.
        2. Spamming or bulk, unsolicited email (UCE).
        3. Activities that are illegal in the United States.
        4. Activities that we deem inappropriate, offensive, or in bad taste.
          We reserve the right to determine the makeup of our customer roster based upon these criteria.
    5. UPDATES, REPAIRS & MAINTENANCE:
      1. After a site has gone live, any additional CLIENT-requested and agreed upon work by SPARE CHANGE WEBSITES to update, repair, or maintain a currently existing web site will be assessed at the hourly rate of $25 USD unless otherwise stipulated in the CONTRACT
  4. Payment.
    1. All services agreed to by CONTRACT, shall be sold for the price specified or otherwise at the normal hourly rate of $25 USD. Payment shall be made via our ecommerce web page.
  5. Payment Terms.
    1. Unless otherwise stated in the CONTRACT, the following standard terms apply.
      1. WEB DESIGN:
        After the free sample “mock-up” web page has been approved by the CLIENT, the deposit of 100% of the design cost and the total amount of hosting is required to commence work. The site will then be put online on a draft directory of the CLIENT’s ISP or of SPARE CHANGE WEBSITES for the CLIENT’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. The web hosting timeframe begins when the initial deposit is made and the draft site is put on-line. Payment for the site must be made in full before the site will be moved to the main directory of the CLIENT’s ISP. Should CLIENT delay in approving or requesting modifications in draft for a period exceeding 60 days after submission of draft by SPARE CHANGE WEBSITES, final contract balance to SPARE CHANGE WEBSITES will become due and payable. SPARE CHANGE WEBSITES will still be responsible for completion of the web site as stipulated unless CLIENT’s delay exceeds 180 days (six months) beyond invoicing for final payment.
      2. WEB HOSTING:
        Web hosting is paid annually in advance (unless otherwise stipulated in the CONTRACT) as part of the Basic Website Package. After the first year, Lunarpages will deal directly with CLIENT (who has the option to renew or move to another web host). Note: No refund is available for unused hosting terms.
      3. DOMAIN NAMES:
        Domain name registration is paid annually in advance unless otherwise stipulated in CONTRACT. Invoices are sent out 30-60 days before the renewal. Renewal of a domain name is automatic unless CLIENT stipulates an end date in writing. No refund is available for renewed domain names.
      4. UPDATES, REPAIRS, & MAINTENANCE:
        Updates, Repairs, & Maintenance work is paid in advance when so stipulated. Otherwise, if other terms have not been agreed upon, time spent will be tracked by SPARE CHANGE WEBSITES and an invoice at the normal hourly rate will be submitted to CLIENT for payment within 30 days.
  6. Completion Date.
    1. SPARE CHANGE WEBSITES and the CLIENT must work together to complete any agreed upon CONTRACT in a timely manner. Much of this depends on receiving the appropriate images and text from the CLIENT. Both parties agree to work expeditiously to complete any CONTRACT in a professional and timely fashion.
  7. Copyrights and Trademarks.
    1. The CLIENT represents to SPARE CHANGE WEBSITES and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SPARE CHANGE 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 SPARE CHANGE WEBSITES and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
  8. Age.
    1. CLIENT must be at least 18 years of age.
  9. Limited Liability
    1. CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, fraudulent material, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
    2. CLIENT hereby agrees to indemnify and hold harmless SPARE CHANGE WEBSITES from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless SPARE CHANGE WEBSITES in any claim resulting from the submission of illegal materials.
    3. If SPARE CHANGE WEBSITES shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against SPARE CHANGE WEBSITES, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by SPARE CHANGE WEBSITES for any reason.
    4. Under no circumstances, including negligence, shall SPARE CHANGE WEBSITES, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use SPARE CHANGE WEBSITES’s 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 SPARE CHANGE WEBSITES’s 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 SPARE CHANGE WEBSITES’s services.
    5. Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses and causes of actions whether in CONTRACT, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of the CONTRACT and any reasonable attorney’s fee and court costs
  10. Indemnification
    1. CLIENT agrees that it shall defend, indemnify, save and hold SPARE CHANGE WEBSITES harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against SPARE CHANGE 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 sole by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless SPARE CHANGE 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 SPARE CHANGE WEBSITES’s 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 on a Web site.
  11. Laws Affecting Electronic Commerce.
    1. The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend SPARE CHANGE WEBSITES and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.
    2. Although SPARE CHANGE WEBSITES will assist and advise in the setup use of credit cards transactions on-line when so contracted, it is solely the responsibility of the CLIENT to be aware of security issues involved in the acceptance of credit cards and other forms of monetary transactions via the Internet.
  12. Copyright to Web Pages
    1. Copyright to any finished assembled work produced by SPARE CHANGE WEBSITES is owned by SPARE CHANGE WEBSITES until final payment of CONTRACT has been made. Upon payment in full SPARE CHANGE WEBSITES relinquishes copyright of the design, graphics, and text contained in the finished assembled website that are owned by SPARE CHANGE WEBSITES.
    2. Materials not owned by SPARE CHANGE WEBSITES remain the property of their respective owners.
    3. Rights to photos and graphics not used in the finished product as well as source code, work-up files, and computer programs are specifically not transferred to the CLIENT.
    4. Unless otherwise stipulated, SPARE CHANGE WEBSITES and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
  13. Authorship Credit.
    1. SPARE CHANGE WEBSITES will includes a byline and link on the bottom of CLIENT’s Web Page establishing authorship credit (i.e. "website by SpareChangeWebsites"). This byline is upon agreement by both CLIENT and SPARE CHANGE WEBSITES and must be removed at any time upon written request by either SPARE CHANGE WEBSITES or CLIENT.
    2. Lunarpages and its (lunar symbol) logo on SpareChangeWebsites.com are trademarks of Add2Net, Inc. Other logos on the SPARE CHANGE WEBSITES site or in SPARE CHANGE WEBSITES works may not be used without permission by their respective owner.
  14. Non-Disclosure
    1. SPARE CHANGE WEBSITES, its employees and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever.
  15. Entire Understanding.
    1. Any CONTRACT constitutes the sole agreement between SPARE CHANGE WEBSITES and the CLIENT regarding its Web Design or Hosting Service. It becomes effective only when agreed upon by both parties. Any CONTRACT shall be governed and construed in accordance with the laws of the State of Florida. The parties agree that if any part, term, or provision of any CONTRACT shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.


spacer
Updates
spacer

We may modify this Agreement from time to time and such modification shall be effective upon being posted on the Site.  You agree to be bound to any changes to this Agreement after any such modification is posted.  We encourage you to check back and periodically review this Agreement to ensure that you are informed as to any changes.

Revised September 2009.



 

Spare Change Websites - Low cost website design
Spare Change Websites - Low cost website design