TERMS & CONDITIONS

Clause I: Terminology

The following terms are used throughout this document and should be understood by the reader.

The 'Buyer' refers to the person, firm, company, or organization with whom a Contract is arranged.

The 'Seller' is used to represent Xonatek LLC and its employees.

The 'Contract' corresponds to the contract between the 'Seller' and the 'Buyer' for the sale of Web Design and Web Hosting.

'Web Hosting' refers to the support and maintenance of a Website and E-mail Accounts.

'Web Design' is the term used to denote the design and development of a Website.

Clause II: Acceptance of Order

When placing an order for the 'Sellers' services, the 'Buyer' verifies their acceptance of the 'Contract' and agrees to be bound by it.

The 'Buyer' is not considered bound by 'Contract' by simply receiving a quote or offer from the 'Seller' until there is a written acceptance of the order.

The 'Seller' reserves the right to accept or reject any order offered by the 'Buyer'.

Clause III: The Contract

The 'Seller' has the right to modify the 'Contract' as follows: In the event that the 'Seller' modifies the 'Contract', the 'Seller' must notify the 'Buyer' of modifications via US mail. Within two weeks of this written notification's mailing date, the 'Buyer' may contest any such modifications by written response via US mail. If the 'Buyer' does not contest these modifications during the above specified time period, the modified 'Contract' will take effect.

The 'Buyer', who has placed an order and agreed to the 'Contract', is therefore bound by any revisions upon implementation. The 'Buyer' is accountable for reviewing and remaining up to date on the terms of their 'Contract'.

The Terms and Conditions can be accessed at any point in time through our website at www.xonatek.com/terms.

The 'Contract' takes precedence in the case of disagreement between the 'Contract' and any other documents.

Clause IV: Commencement

Before Web Design Services can begin, the 'Seller' must acquire a signed order form from the 'Buyer' and a deposit for 30% of the agreed price.

Clause V: Prices

All quoted prices are based on the site content agreed upon at the time of the order.

If modifications or additions are made to site content once the order has been placed, the 'Seller' reserves the right to adjust the price quote to fit these new specifications.

Clause VI: Web Design Ownership

During the 'Web Design' process, the material in progress shall be made available to the 'Buyer' upon request.

During the 'Web Design' process, the 'Buyer' can only access the work in progress for reviewing purposes.

Upon completion, the 'Seller' will provide a project completion approval form, which the 'Buyer' is responsible for signing and returning within two weeks.

When payments are complete and the project completion approval form has been acquired by the 'Seller', the 'Seller' will then upload the 'Buyers' website to the agreed Domain location. This process shifts the Website's title and ownership to the 'Buyer'.

Clause VII: Copyright

The 'Seller' reserves copyright on all materials and designs created by the 'Seller'. The 'Buyer' is not allowed to make available these materials or designs to a third party without documented permission from the 'Seller'.

If the 'Seller' uses third party copyright materials, the 'Buyer' cannot reuse them without gaining permission directly from the third party.

If the 'Buyer' supplies materials (artwork, animations, brochures, information, photography, text, etc.), the 'Seller' is not responsible at any time regarding copyrights, errors or omission's faults or subsequent damages.

The 'Buyer' must assure that the 'Seller' cannot hold the 'Seller' responsible for negative third party effects of materials supplied by the 'Buyer' for use.

The 'Seller' will not be required to secure "Rights of Usage" on any materials supplied by the 'Buyer'.

Clause VIII: Cancellation of Web Design Services

Upon order confirmation and 30% deposit, the Web Design process will commence. After this point, the initial deposit becomes non-refundable.

If the 'Buyer' cancels at a point at which the 'Seller' asserts that 50% or more of the project has been completed, the 'Buyer' agrees to pay the 'Seller' the difference between the deposit and the total work completed.

Clause IX: Amendment to Website

Prior to the 'Buyer' signing and returning the project completion approval form, the 'Seller' agrees to make requested amendments to the 'Buyers' website free of charge, so long as these requests are within the scope of the original quotation. After the 'Sellers' acquisition of this form, all requested amendments to the 'Buyers' website will be billed at a standard hourly rate.

Clause X: Payment

The 'Seller' maintains the authority to cease or suspend Web Design Services or Web Hosting Services if payment disputes or delays occur.

Before the 'Seller' can begin Web Design Services, the 'Buyer' must provide a deposit of 30% of the quoted price (which includes Web Design Services and associated Web Hosting Service costs).

The Website will be published onto the Internet and made public only once the 'Seller' completes the website and acquires from the 'Buyer' the project completion approval form and the final remaining payment.

Web Hosting payments will be charged for either the quarter or year ahead, depending on the 'Buyers' payment plan. If the 'Buyer' fails to remit payment by the issued due date, the 'Seller' reserves the right to suspend Web Hosting services until payment is acquired. 

If the 'Buyer' cancels Web Hosting Services in the middle of a quarter/year that has already been paid for, the payment is considered non-refundable.

Credit cards are acceptable forms of payment for Web Design deposits and balances, and are the only form of payment accepted for recurring Web Hosting payments. Prior to paying via credit card, the 'Buyer' must agree with, sign, and submit an authorization form to the 'Seller'. This authorization form gives the 'Seller' permission to charge the 'Buyers' credit card in accordance with the terms explicitly stated.

Clause XI: Domain Name Registration and Renewal

The agreed upon Domain Name is purchased and registered for by the 'Seller'. The 'Seller' assumes no responsibility for any claims, damages, penalties, or expenses that arise from third party statements that the registered Domain Name infringes any rights owned by such third parties.

Beginning one year after the creation of the 'Buyers' domain name, the 'Seller' will charge the 'Buyer' a standard fee to renew the domain name. This fee will recur annually until Web Hosting Services are discontinued by the 'Buyer'.

Clause XII: Cancellation of Web Hosting Services

Upon cancellation of Web Hosting services, the 'Seller' will transfer ownership of the respective domain name to the 'Buyer' only once the 'Buyer' pays all third party fees involved in such a transfer. Failure to pay these fees will result in the cancellation of the domain name by the 'Seller'.

Depending on the scope of the project, the 'Seller' may incorporate content management features into the website, which allow for easy updating of the dynamic website by either the 'Buyer' or the 'Seller'. Such features are only guaranteed to work properly while hosted on the 'Sellers' servers. The 'Buyer' understands that in order to move or download the 'Buyers' website to a different location upon cancellation, the 'Seller' must alter the code accordingly. The 'Buyer' agrees to pay all related fees and charges for this service.

Clause XIII: Search Engine Submission and Advertising

The 'Seller' will strive to optimize search engine rankings for every site, but cannot be held accountable for poor ranking or non-appearance.

The 'Buyer' allows the 'Seller' to attach a small textual advertisement at the bottom of all website pages, acknowledging the 'Seller' as the company chosen by the 'Buyer' for web design and/or development services. At the 'Buyers' request and the 'Sellers' discretion, this advertisement may be rearranged or altered to better fit the look and feel of the 'Buyers' website.

Clause XIV: Liability

The 'Seller' is not liable for any loss or damage (direct or indirect), which may be suffered by the 'Buyer' in relation to 'Web Design Services' or 'Web Hosting' beyond one month's charge to the 'Buyer'.

If any exclusion, disclaimer, or other provision in this Contract is proclaimed invalid for any reason by a court of competent jurisdiction, and the 'Seller' becomes liable for any loss or damage that may lawfully be limited, such liability will not exceed the total charges paid by the 'Buyer' within the preceding 12 months.

The 'Buyer' is responsible for becoming familiar with protection and privacy laws and must acknowledge that the 'Seller' has no control over e-mail content processed through the Hosting Service. The 'Buyer' must indemnify the 'Seller' against any claims by any related party.

Clause XV: Confidentiality

At all times, the 'Seller' agrees to use every effort to maintain confidentiality of information received from the 'Buyer'.

Clause XVI: General Notes

If the 'Seller' fails to, or delays enforcement of any term on this Contract, this does not act as a waiver to the 'Sellers' rights under it.

The illegality, invalidity, or un-enforceability of any part of this Agreement will not affect the illegality, invalidity, or un-enforceability of any other remaining part of it.

This Contract shall be construed in all aspects as an American contract and in conformity with American Law.

 Revised 04/22/2008