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Terms and Related Legal Stuff

If it were up to us, we'd make our entire agreement something like, "We'll provide the service, you'll pay your bills, and we'll both be reasonable and not cause trouble for each other."

Or we could just say, "You no pay your bills, your website, she disappear."

But after paying those lawyers all that money, we better at least use some of their stuff. Otherwise, they feel neglected and unneeded. And we can't have that. What would we do if the lawyers felt unneeded?

Also, much of the service we provide is acquired from "upstream" providers with their own contracts. Those agreements require that we incorporate their provisions into our own terms with our clients. Their senses of humor are untested...

Therefore, the following terms apply to all services we provide, unless specifically modified in writing.

Standard Payment Process

We will retain and use your credit card information as follows (unless otherwise agreed in writing):

• For new website projects:
  • We always agree on a project scope and budget before we begin.
  • Typically, we break the project into phases, and collect payment for each phase as we start that phase.
  • We will charge any remaining amounts due upon your approval of the website, as it goes "live", when we have completed the second requested revision to the website, or when two weeks have passed since we sent you the website for review.
• For on-going and recurring costs:
  • Regular recurring and one time charges for services we pay on your behalf, such as domain renewals and Online Business Partner software subscription/hosting costs, are automatically charged to your credit card on the due date; we will send you a payment receipt. (Your initial Online Business Partner subscription charge for the billing cycle you select will be processed when we activate your service and start on the development phase.)
  • Ad-hoc work for existing clients is charged as work is requested; if work is on-going, we will charge your credit card to bring the account up-to-date periodically as agreed.

No Spam Policy: Sending of "Spam" is strictly against our policy, the policy of every one of the providers with whom we are contracted, and often a violation of Federal and State laws. Please contact us with any questions.

Payments: Generally, payments are made via automated charges to your credit card. If that will not work, please contact us to make arrangements that work for both of us. By supplying us with your credit card information, you authorize us to charge your credit card on file to pay for any amounts due or payable to us.

It is up to you to keep your account up to date, so please notify us promptly when your email or credit card information changes.

A late fee of 5% of the unpaid balance or $20, whichever is greater, will be charged on past due balances monthly until paid. We reserve the right to suspend all services and access to your website and/or domain registration when payments are overdue, and will not make payments to our providers for overdue accounts out of our own funds in such cases.

We regret the need to implement such a policy, however we feel the costs of the additional administrative overhead to manage late payments should be covered only by those who do not pay their invoice on time.

Special note on expired domains: Expired domains can sometimes be renewed during a short grace period, but go into a "redemption" status after that. Costs to redeem a domain name in this status are $200 or more; the name may be irretrievable (sold to someone else) after the redemption period.

Special note on expired hosting accounts: When websites are terminated for non-payment, your website will not be visible, and the website, data, any unretrieved email messages, and any email addresses associated with your account will cease to function, and will be irretrievably deleted. The content for websites terminated for non-payment may not be retrievable in its most recent state; reconstruction and restoration efforts will be at your expense, and are not guaranteed, as hosting providers do not generally provide any "grace period" or reinstatement provision for those who do not pay their bills. Reinstatement of hosting accounts will require payment of past due amounts and prepayment of one year's hosting fees.

Cancellation, Termination, Abandoned Projects, and Refunds: You or we may cancel services or a project underway at any time for any reason. If you wish to cancel, please do so in writing, by email, mail, or fax your cancellation request to us, and include your name, address, domain name, new email address (if we are hosting your email), and reason for your cancellation. Upon receipt of your cancellation request, we will promptly and permanently terminate your hosting and domain(s) if paid through us, and then terminate future charges to your credit card.

If there is work in progress and/or unbilled services on your behalf, services already performed or fees already incurred will be charged at our then-current hourly rates. We will promptly charge your credit card for any balance due, or refund any deposit amount remaining after deducting amounts due for hosting, design, development, or training, or to expenses incurred on your behalf. Once the service is obtained on your behalf for the specified period, prepaid hosting fees, prepaid domain registration fees, and related fees are not refundable.

Projects cannot be put "on the shelf" for an extended period and then restarted; to complete a project efficiently, we need to proceed start to finish without extended delays. If you abandon your project, with no response to our queries for two weeks, then any previous agreement regarding project pricing shall be void, and we will revert to our hourly rates for restarting and completing a project. If there are ongoing costs (i.e., hosting, etc.) then the project will be deemed as canceled, as described above, once the incurred and ongoing costs have reached the amount of the deposit.

Accounts that are found to be in violation of our acceptable use policy, for spamming reasons, or other violations of our terms of use, particularly when the violation is causing harm to our equipment, or the accounts of our other customers, may be terminated immediately without notice and without refund.

Rights and ownership of material you supply: You guarantee that any text, graphics, photos, designs, trademarks, or other material furnished to us for inclusion in your website are owned by you, or that you have permission from the rightful owner(s) to use each item you are furnishing, and will hold harmless, protect and defend us from any claim or suit arising from the use of such material.

Rights and ownership of material we supply: In accordance with the Digital Millennium Copyright Act of 1998, unless we enter into a separate written agreement, we are selling only the right to use the graphics, designs, and other material we create on your own website hosted by or through us; these remain our intellectual property and you may not sell or give away any rights to use them.

HOSTING SERVICES POLICIES, DISCLAIMERS, AND LIMITATIONS:

The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. If you are dissatisfied with Frisco Websites' or its providers' service or any of the terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

DISCLAIMER OF WARRANTY: FRISCO WEBSITES, ADOBE AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT EXCEPT FOR WHAT IS STATED. FRISCO WEBSITES, ADOBE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FRISCO WEBSITES, ADOBE AND ITS LICENSORS.

LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DOMAIN NAME POLICIES: If you have us register your domain name for you, we will normally do so through our primary domain registrar eNom. Please see their terms and conditions for your registration agreement, dispute resolution policy, and other terms.

These terms may change without notice. Please check this page regularly for the current terms. Your use of our services constitutes your acceptance of these terms, including the terms of our upstream providers. We will provide current copies of those providers' terms upon request.

WebGusto LLC/First Source Solutions Inc. dba Frisco Websites
PO Box 5023
Frisco, TX 75035
866-640-1234