Terms of Service

Design Terms of Service | Hosting Terms of Service | Acceptable Use Policy

Web Design and Development Terms of Service

The following TERMS OF SERVICE are for all Swank Web Design and Hosting clients. These terms are subject to change without warning and should be read prior to each order you place with us. Payment to the designer of your choice solidifies your acceptance of these terms.

We cannot be held responsible for anything you feel you did not know by not reading said terms. If you have any questions and/or comments about our TERMS OF SERVICE please contact us directly. Thank you.

Swank Web Design and Hosting reserves the right to refuse, suspend or terminate services at our discretion.

By ordering services through Swank Web Design and Hosting you are agreeing to the following:

  1. Payment is due prior to the start of any work. Payment plans may be worked out under special circumstances, but a partial deposit must be made before work will start.
  2. The price quote your receive is based on the scope and complexity of your project and the estimate of the time it will take us to complete it. We come up with this estimate from the information we have collected from you about your project. This is an initial price quote. If after payment is made and work is started you decide to change the scope of your project, add any extra services or you misrepresented your needs, you will be billed (usually upon project completion) for any extra time incurred over the initial estimate.
  3. All pricing, including Specials, is subject to change without prior notification. All prices are US dollars.
  4. Swank Web Design and Hosting does not issue refunds after the final mock up has been approved. There are no exceptions. If, for some reason, you are not satisfied with your design, please consult with your designer regarding your options. If the project is terminated by either party before or during mock up creation 25-50% of the full payment may be refunded based on how much work has been completed.
  5. When ordering please be advised that though we work with most blogging platforms and install most scripts and plugins not all scripts and plugins are available on each platform.
  6. You are responsible for obtaining proper licensing for all blog software used. Swank Web Design and Hosting does not provide support for use of blog software. It is the sole responsibility of the client to obtain support from the appropriate vendor.
  7. All CMS plugins are released under their own licenses and are owned by their respective developers. Swank Web Design and Hosting provides an installation service only.
  8. Swank Web Design and Hosting is not responsible for the images placed on your new design. If you provide your designer with an image please let her know the source so that proper credit may be given. If you direct your designer to find an image for you, she will get your image from one of a number of royalty-free stock photography/illustration websites. Custom illustration may be ordered though additional fees will apply. All images are provided and/or approved by you, the client, and therefore all risk of liability is presupposed by you.
  9. Design includes up to two mock-ups and up to 4 minor revisions to the final mock-up. It is important that you list all your concerns/changes to the design at this stage as once the final mock-up is approved and installed no more major changes will be made. Any major changes you feel should be made after this stage will be billed accordingly and will be made pending the designer’s schedule.
  10. Swank Web Design and Hosting cannot guarantee our designs will view correctly in every single browser and/or platform. We will do our best to ensure that your new design is functional in the latest versions of Internet Explorer, Firefox and Opera, Netscape and Safari for Windows and Mac but cannot guarantee it will be the same for other browsers/platforms (especially older ones or ones in beta). If you use a different browser or platform, and would like a design done to meet that browser or platform’s specifications, please consult with your designer. (Additional fees may apply.)
  11. Swank Web Design and Hosting and its designers reserve the right to state when a client has exhausted the designer’s services at any time.
  12. Placement of Swank Web Design and Hosting button or text link is required for the duration of your use of the design. Removal of this button or link is a violation of your agreement with us.
  13. Swank Web Design and Hosting does not save/backup your existing template. If you would like to keep your prior template, Swank suggests saving it to your computer files BEFORE hiring a web designer. We also do not save/backup the new design. We suggest that you save your new template to your computer files once the design is complete. This is very important and will save you money should anything happen to your design in the future. Any work done to an already completed design is done at an additional cost.
  14. Once your design is completely installed and any minor changes have been made you assume all responsibility to your site. If anything needs to be changed, deleted, moved and so forth you will be advised by your designer to put in a new work order with her. You will then be placed back on your designer’s schedule and your request will be completed in the order it was received.
  15. All designs by Swank Web Design and Hosting are exclusively created for use by the clients who commissioned them and may not be used by anyone else. Designs created by Swank Web Design and Hosting may only be used for their original purpose. This means that you are NOT allowed to republish or sell your design to anyone. The rights to any photos, graphics and source code are not transferred to the client; each element remains the property of its respective owners. Swank Web Design and Hosting also retains the right to display graphics and other web design elements from any design as examples of our work anywhere on the internet or as hard copies.

 

Web Hosting Terms of Service

The following TERMS OF SERVICE are for all Swank Web Design and Hosting clients. These terms are subject to change without warning and should be read prior to each order you place with us. Your payment solidifies your acceptance of these terms.

We cannot be held responsible for anything you feel you did not know by not reading said terms. If you have any questions and/or comments about our TERMS OF SERVICE please contact us directly. Thank you.

Swank Web Design and Hosting reserves the right to refuse, suspend or terminate services at our discretion.

By ordering services through Swank Web Design and Hosting you are agreeing to the following:

  1. A domain name is required for a hosting account. If you have not purchased one, we can acquire it for you starting at $12.50 or we can advise you of other registars to buy from. If you purchase a domain name through Swank Web Design and Hosting, you are paying for one year. If you would like to pay for longer than that, please let us know. Domain name registration, renewal or transfer fees are non-refundable.
  2. If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement.
  3. Domains will be renewed at the same price as new registrations. The current pricing is displayed on our website. If you have subscribed to PayPal automatic billing, your domain will automatically be renewed when your payment has gone though. If you have not opted for automatic renewal, domain renewal reminders will be sent a month in advance of expiration via email to the address stored in your client area. Your domain will be renewed once payment has been received. IF WE DO NOT RECEIVE YOUR PAYMENT BY THE RENEWAL DATE, YOUR DOMAIN WILL NOT BE RENEWED. We are not responsible for the loss your domain if you do not pay on time.
  4. Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than $250.
  5. If you did not purchase your domain name through Swank Web Design and Hosting, we are not responsible for your domain renewal or any subsequent domain expiration.
  6. Accounts are setup upon the receipt of payment. You have 2 different payment schedules with Swank Web Design and Hosting. You can choose to pay quarterly or yearly. You may also sign up for a recurring payment and have your payment automatically sent at the time interval of your choice. If you do not sign up for automatic payment you will receive an invoice for payment at the payment schedule you choose.
  7. All hosting invoices will be sent within the first 10 days of the month. Your payment is due within that month. If payment has not been made in that time your account will be suspended until payment is received. 2 months without payment will result in account termination.
  8. All hosting packages come with predetermined bandwidth usage. By placing an order clients agree to the traffic amount allowed. Using more than the allocated bandwidth offered with the purchased package will result in the customer’s account being suspended for the duration of the month or until more bandwidth has been purchased.
  9. Swank Web Design and Hosting will provide direct tech support for any problems relating the server or your hosting account. However, we CANNOT provide support for third-party applications or software that you have installed on your account (this includes, forums, content management systems, e-commerce, etc.). For issues with these kind of applications you must contact said third party for support.
  10. Shell (SSH) Access is not enabled by default, but may be enabled if you have a valid reason for needing it. You will also incur an extra $20 fee for set-up. Swank Web Hosting reserves the right to not enable it or disable it at anytime. Misuse (Spamming etc.) of this service may lead to a fine and/or legal action.
  11. While it is not frequent, the server may experience some downtime due to scheduled maintenance and upgrades. This is typically done between the hours of 3am and 8am Eastern Time. If you site is down during this time, please be patient and the server should be back up soon.
  12. It is important to utilize the backup feature in your CPanel and back up your files and databases regularly. Swank Web Design and Hosting is not responsible for any unforeseen circumstances that could result in loss of server data. By submitting the order form you automatically agree to not hold Swank Web Hosting responsible for any damage caused to your account, whether it be incidental or otherwise.
  13. Canceled accounts will be terminated within 48 hours of finalizing the cancellation. Thirty day money back guarantees will be issued only in the thirty day or less time frame, starting from the account activation date.
  14. Refunds requested by monthly plan customers will be issued only if the refund is requested before the billing period starts. Accounts purchased quarterly or yearly will receive refunds for the months not used. If a customer requests a refund after the billing cycle has already begun, refunds for that month will not be valid.

 

Acceptable Use

Swank Web Design and Hosting does not allow any of the following on their hosting accounts. Any of these things may result in account suspension until the offending material is removed. If not removed within an acceptable time frame, your account may be terminated. The severity of the offending material is left entirely to Swank Web Design and Hosting’s discretion.

  1. Copyrighted or Illegal Material including graphics, audio, video, music files, or any material in violation of any Federal, State or Local regulation.
  2. Racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites.
  3. Any material we feel to be abusive, obscene, or otherwise questionable.
  4. We do not tolerate sending of unsolicited email, known as spam, to anyone for any reason.