Build Websites Cheap | Cheap Custom Web Design | Agreement



419-557-2011
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AGREEMENT TO WORK WITH BUILD WEBSITES CHEAP

Build Websites Cheap Is Trusted By Thousands
Consultation
There is no charge to talk to you.  Build Websites Cheap will work with you (within reason) to design a quality website.


Estimates
Estimates are based on projected time and amount of material needed to build your website.  Estimates are not final, pricing may vary depending on the complexity of work.  You will be notified if cost exceeds estimate and be asked to acknowledge.


Pricing
Pricing is based solely on complexity of design.  Most webdesign is done on a $100 a page budget, allowing for 500-800 words of content and an average of 5 pictures per page.  Pricing is based on the theory that your website should be laid out like an average website with a navigation bar leading to pages.


Payment
There are no hidden fees or deposits.  You will have the opportunity to view your website and make changes.  Once you agree with the design you will need to make payment in full.  Payments can be made on the Contact page of this website through Pay Pal.  You do not need an account, simply sign in as a guest and enter your credit card information along with the previously agreed amount (you must fill in amount).  Pay Pal is a secure website and is trusted by millions.  Build Websites Cheap uses Pay Pal to keep cost down, and pass savings to you.  At that point your website will be placed on your server (hosting plan) through an FTP client, and the process is complete.


Marketing
Build Websites Cheap does not market or advertise any website.  The sole responsibility of getting visitors to your website is yours.  We simply provide you with quality webdesign at cheap prices, the rest is up to you.  If you need help finding sources for advertising, Build Websites Cheap can reccommend several places that are free or low cost.


Customer Responsibilities
•providing current and updated Customer information (including Customer's name, address, email address, postal address, phone and fax numbers, etc.) for Build Websites Cheap use in contacting Customer regarding the Services and otherwise as necessary in regards to the Services and checking those points of contact throughout the Term of this Agreement for notices and/or updates from Build Websites Cheap.

•providing Build Websites Cheap with all necessary information, data, text, music, sound, images, photographs, graphics, video, messages, tags and custom images (including, but not limited to, design, pamphlets, brochures, logos, and other images) and other materials ("Content") to be used in connection with a Customer website or online store ("Website") or otherwise for use in conjunction with the Services, other than that Content which Build Websites Cheap expressly agrees to supply;

•acquiring any authorizations necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties;

•providing Build Websites Cheap with unrestricted access to the Website and/or related accounts as needed to provide the Services hereunder;

•granting Build Websites Cheap and its subcontractors the necessary rights and licenses with respect to the Website, the Content and materials related thereto in order to carry out obligations under this Agreement;

•allowing Build Websites Cheap to make a reasonable number of archival or back-up copies of the Website.


Depending on the Services you elect to receive, you may also be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a credit card processor, bank or PayPal. The terms of any such relationship shall be between you and that entity and such terms may be more restrictive or place limits on your use of the Services and as such you should contact those entities for more information regarding such terms where applicable.


Website Control and Content
Unless otherwise expressly stated herein, you will be solely responsible for the development, maintenance and operation of your Website, including the accepting, processing and filing customer orders generated through the Website, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through the Website. You agree that Build Websites Cheap has no obligation to back-up any data related to the Website's operations and you should independently take appropriate steps to maintain such data in accordance with your needs and requirements.

You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the Content on the Website, regardless of whether Build Websites Cheap provides any design or customization Services to you under this Agreement, including all descriptions of the products and services you offer to customers of your Website and user-generated content on and related to your Website. When acting as a conduit, Build Websites Cheap will give you discretion over your Content provided it is compatible and interoperable with any services provided under this Agreement ("Software"). You retain all rights, title and interest in and to all intellectual property rights embodied in the Content, exclusive of any content provided by Build Websites Cheap.

You acknowledge that, when providing you with the ability to publish and distribute your own or third party products, services or content on the Website, Build Websites Cheap and its Software are acting only as passive conduits for the publishing and/or distribution of such products, services or content. Build Websites Cheap has no obligation to you or any third party, and undertakes no responsibility, to review the Website, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on the website to determine whether any such product, service or content may incur liability to third parties.

Except as otherwise stated in the agreement, customer is to be considered the owner of all customer content. During the period that Build Websites Cheap provides services to you pursuant to this agreement, you hereby grant to Build Websites Cheap and its subcontractors a limited, non-exclusive, royalty-free, worldwide license to copy, reproduce, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit the website and the content solely for the purpose of rendering the services hereunder. You also acknowledge and agree that Build Websites Cheap reserves the right to use your domain name and website screen shots in Build Websites Cheap.com’s portfolio and/or other advertising and promotional materials.

In the event that customer posts content or allows its users to upload content onto a Website, Customer agrees to designate a copyright agent under the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C 512(c)(3) for further detail). In the event that a copyright holder contacts Build Websites Cheap.com's copyright agent under the DMCA, customer acknowledges and agrees that Build Websites Cheap may take all necessary action as required under the DMCA in its sole discretion, including removing content from customer's website.

Except as expressly allowed under this Agreement, you will not, either directly or through a third party, transfer your interest in and to the Website to any third party without the express written consent of Build Websites Cheap.


Use and Ownership of Digital Images
The services may contain clipart and photo images (collectively, the "Images") and as such Build Websites Cheap may provide the Images to you in the process of providing the services. The Images are either owned by Build Websites Cheap or licensed from a third party. Unless otherwise stipulated by Build Websites Cheap, your use of the Images is subject to the restrictions set forth in this Section and otherwise in accordance with this Agreement.

Provided Customer is not in breach of this Agreement or any of the representations and warranties contained herein, and provided Customer pays the applicable fees, Customer may do the following subject to the restrictions set forth in this Section (upon termination of the Services or this Agreement all Customer rights and licenses in and to the Images shall immediately terminate):

Build Websites Cheap can purchase digital images for use of your website through a third party vendor.  These images usually cost approximately $49.99 a year, but will provide you with piece of mind because they are registered to the website owner and come with a license.

•incorporate the Images into your own original work and publish, display and distribute your work on the Website. You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or webpage. For example, the Images may be used as part of a webpage design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, Customer may be provided with copies of the Images (including digital files) as part of work product, but customer is not permitted to use the Images separately or as part of any other product;

•back up, copy, or archive the Images as necessary for internal use, and only as necessary for that use. Any copy or archive you make must include the Image's copyright information; and

•in the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Images that are integral to your work product and without which the product could not be completed.

•Build Websites Cheap accepts no responsibility for any images displayed on website.


Limitation of Liabilities
Build Websites Cheap Reserves the Right to Refuse Service to Anyone.

YOU ACKNOWLEDGE AND AGREE THAT BUILD WEBSITES CHEAP WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY OTHER PARTY FOR ANY (i) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE, (ii) USE OF OR INABILITY TO USE THE SERVICE, (iii) INTERRUPTION OF BUSINESS, (iv) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE (INCLUDING, WITHOUT LIMITATION, TO WEBSITES ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME), (v) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (vi) EVENTS BEYOND BUILD WEBSITES CHEAP'S AND ITS SUBCONTRACTORS' REASONABLE CONTROL, (vii) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR BUILD WEBSITES CHEAP'S POLICY (INCLUDING, WITHOUT LIMITATION, ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION ADOPTED POLICIES), (viii) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (ix) TRANSACTIONS CONDUCTED ON A USER WEBSITE, INCLUDING FRAUDULENT TRANSACTIONS; (x) LOSS INCURRED IN CONNECTION WITH YOUR SERVICES, INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (xi) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (xii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICES, OR (xiii) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICES.

ADDITIONALLY, BUILD WEBSITES CHEAP WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES), WHETHER FORSEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF BUILD WEBSITES CHEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS OR OMISSIONS BY BUILD WEBSITES CHEAP, INCLUDING WITHOUT LIMITATION, ITS EMPLOYEES, REPRESENTATIVES, AGENTS OR TECHNICAL OPERATIONS.


IN NO EVENT SHALL BUILD WEBSITES CHEAP.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT SHALL IT BE GREATER THAN FOUR HUNDRED DOLLARS ($400.00), AND YOU ACKNOWLEDGE AND AGREE THAT THIS WILL BE YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT AND OTHERWISE IN RELATION TO YOUR USE OF THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION INITIALLY AROSE OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANTELY BARRED.

CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS CONTAINED IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, BUILD WEBSITES CHEAP WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE SERVICES HEREUNDER. EACH PARTY ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN.

BUILD WEBSITES CHEAP SHALL ALSO HAVE NO LIABILITY FOR ANY CONTENT PROVIDED BY CUSTOMER THAT INFRINGES OR VIOLATES ANY RIGHTS OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, RIGHTS OF PUBLICITY, RIGHTS OF PRIVACY, PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS, AND/OR LICENSES. BUILD WEBSITES CHEAP DISCLAIMS ANY RESPONSIBILITY FOR ANY CONTENT, GOODS, AND SERVICES SOLD BY CUSTOMER OR OTHERWISE AVAILABLE THROUGH THE WEBSITE, OR THE QUALITY OR ACCURACY OF ANY INFORMATION ON THE WEBSITE. BUILD WEBSITES CHEAP WILL NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMER AND THIRD-PARTY PURCHASERS OF PRODUCTS OR SERVICES OFFERED THROUGH OR RESULTING FROM THE SERVICES OR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SALES OF GOODS OR SERVICES, CREDIT CARD TRANSACTIONS, BANKING OR SECURITIES TRANSACTIONS, OR ANY BUSINESS, SERVICE OR MERCHANDISE AGREEMENTS.
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