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Terms & Policies

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

1) Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

2) If in doubt regarding the acceptability of your site or service, please contact us at cs@rivalschooldesign.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

3.) Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Rival School Design reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Rival School Design reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Rival School Design .

4.) Payment Information – You agree to supply appropriate payment for the services received from Rival School Design , in advance of the time period during which such services are provided. You agree that until and unless you notify Rival School Design of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Once we receive your cancellation via email and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. It is your responsibility to cancel your recurring monthly payment if any.

As a client of Rival School Design , it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Rival School Design provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

Rival School Design reserves the right to change the monthly payment amount and any other charges at anytime after sending out an email advising you of the change.

5.) Backups and Data Loss – Your use of the service is at your sole risk. Rival School Design is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Rival School Design servers.

6.) Cancellations and Refunds – Rival School Design reserves the right to cancel the account at any time with or without notice.

Any abuse of staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via email. Rival School Design gives you an unconditional 30 day money back guarantee on managed shared hosting, for any customer who paid the first invoice with a credit card or with Paypal.

7.) Money back Guarantee – Each of Rival School Design ’s managed shared servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared packages and does not apply to dedicated servers, administrative fees or install fees for custom software.

8.) Price Change – The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Rival School Design website (www.rivalschooldesign.com) , and the right to increase the amount of resources given to plans at any time.

9a.) Indemnification – Customer agrees that it shall defend, indemnify, save and hold Rival School Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Rival School Design , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Rival School Design against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Rival School Design ;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement.

(4) any defective products sold to customers from Rival School Design ’s server.

8.) Disclaimer – Rival School Design shall not be responsible for any damages your business may suffer. Rival School Design makes no warranties of any kind, expressed or implied for Design, development and hosting services we provide. Rival School Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Rival School Design and its employees.

9.) Changes to the TOS (Terms Of Service) – Rival School Design reserves the right to revise its policies at any time without notice.


WEBSITE DESIGN TERMS & CONDITIONS

*The creation of a website to posting it online, whenever we know the amount of work to be done upfront is quoted on your initial contract. Any extra request will be charged $65 an hour.

*All text, graphics or information needed must be delivered to us within 30 days of this contract. After 60 days the whole amount will be due (we certify of course that the work will be executed whenever we will receive the material).

*We ask for a deposit of 50% in advance (non refundable) – Each invoice is due UPON RECEIPT. Payments can be made by cash, check or credit card through Paypal. If payment through Paypal, for any amount over $100.00, a 4% processing fee will apply

*Rival School Design has an intellectual property right on its designs. Of course you own your website but in case you choose to use another firm for the maintenance of your website, once we designed the site, that firm will not be allowed to sign our design. Only “maintenance by…” will be accepted, vs “design or development”. Only Rival School Design is entitled to sign “ website design & development “

Electronic Commerce Laws – The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web design and development Project or any other services contemplated herein, and will hold harmless, protect, and defend Rival School Design and its subcontractors from any claim, suit, penalty, tax, fine, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

Performance Liability – Rival School Design does not warrant that the functions supplied by Web pages, consultation, advice, or Internet Web site will meet the client’s requirements or that the operation of Web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web pages and Web site is with client. In no event will Rival School Design 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 Web pages or Web site, even if Rival School Design has been advised of the possibility of such damages.

Changes to the design – Changes to the design after approval has been given and development has begun are not included in the initial agreement and are therefore billed at an hourly rate of $65/hour. The cost estimates agreed upon by Rival School Design and Client are based on the requirements specified in the accepted proposal. Any change in the requirements or delays in communication will have a direct impact on the cost of the project.

Termination of Contract – In the event Client cancels or terminates this Agreement before Completion of the Services, Rival School Design shall be paid by Client for all completed work and the payment of any authorized expenses. All payments to Rival School Design are non-refundable.