Acceptance of Terms

By accepting TIO Web Solutions (TWS) Terms of Service (TOS) electronically or in writing, and/or by using TWS services, including but not limited to, submission of content to TWS design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.

TWS provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client may review the most current version of the TOS at www.tiowebsolutions.com/tos.shtml. By using TWS services Client agrees to (and hereby signs) the most current version of the TOS. Failure to comply with the TOS may result in account termination.

Description of Service

TWS designs and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, email accounts and additional website-related services. Client understands that TWS services may include certain communications from TWS such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to TWS services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access TWS services.

Warranties and liabilities

TWS represents and warrants to the Client that it has the experience and ability to perform the services required by this Contract; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Contract; and that its performance of this Contract shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, Client will not determine or exercise control as to general procedures or formats necessary to have these services meet Client’s satisfaction.

The Client represents and warrants to TWS that it will provide Client materials as required in a professional, competent and timely manner; that it has the power to enter into this Agreement on behalf of Client; and that its performance of this Contract shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.

TWS does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the website will be uninterrupted and / or error-free.  TWS will not be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond TWS control.

Unnaceptable practices

As TWS strives to offer the very best service, there are certain guidelines and policies that must govern TWS efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and will result in the immediate termination of TWS services. Such decisions are at the sole discretion of TWS. Unacceptable practices include, but are not limited to:

1. Adult or pornographic material including, but not limited to, sexually explicit or suggestive material

2. Sexually oriented products or material

3. Nudity (exceptions granted on a case-by-case basis if for medical or artistic purposes)

4. Offensive or otherwise distasteful material

5. Bulk emailing tools

6. Distribution of internet viruses or other harmful or destructive activities

7. Gambling, gaming, lotteries, and like activities

8. Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racial, chauvinistic, ethnically offensive or otherwise objectionable content or language

9. Content or language that is harmful to minors in any way

10. Illegal activities such as ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties

11. Intentional or unintentional violations of any applicable local, state, national or international law

12. Reselling email accounts or hosting accounts to third parties

13. Spamming and all other forms of unsolicited messages including, but not limited to, spam, pyramid schemes, chain letters, and junk email

14. Links to other sites that are in violation of TWS policies and guidelines

15. Other activities, whether lawful or unlawful, that TWS deems to be in poor taste or that reflect adversely on TWS or TWS other clients

Client agrees to conduct business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold TWS harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. TWS retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. TWS may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by TWS for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)

As a TWS Client you may have access to editing tools for your website. Client may edit, add or delete content to the website at anytime. With this understanding TWS may or may not pre-screen content. TWS shall have the right (but not the obligation) to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by TWS or not, including any reliance upon accuracy, usefulness or completeness.

Client acknowledges that TWS may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of TWS and the public.

Lawful Purpose.

TWS reserves the right to refuse service to anyone.

Electronic Delivery Policy

TWS is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from TWS any notices, agreements, disclosures, or other communications (Notices). Client agrees that TWS may send electronic Notices in either of the following ways. 1) To the email address provided to TWS at the time of sale or 2) to the new email address account Client set up through TWS. Client agrees to check the designated email addresses regularly for Notices. Notice from TWS is effective when sent by TWS, regardless of whether the Notice is read or received by Client.

Call Monitoring and Recording Privacy Statement

As part of TWS commitment to providing the best possible service TWS may monitor and record phone calls answered by TWS and made by TWS. TWS may also archive recorded voice mail messages. TWS records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows TWS to identify how TWS can better serve its customers.

WORLDWIDE Communications

Client acknowledges that by using TWS services Client will be causing communications to be sent through TWS computer networks, which may be located worldwide.

Assignment of Project

TWS reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. TWS will be responsible for the final results of the project.

Additional Expenses

Client agrees to reimburse TWS for any critical Client requested expenses necessary for the completion of the project. Examples would be: purchase of specific fonts at Client request, purchase of specific photography at Client request, purchase of specific software at Client request, shipping of materials at Client request.

Negative Comments/Slander

Client specifically agrees not to engage in negative comments or slander regarding TWS, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding TWS on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition TWS will be entitled to liquidated damages in the amount of $500 for each publishing or posting. If said breach occurs on an Internet complaint site each hit to that website will be considered an individual breach of this condition, and subject to liquidated damages of $100 per occurrence. Further, TWS shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief. The prevailing party to that litigation shall be entitled to an award of attorney’s fees.

Notice

Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.

TIO Web Solutions
9675 N. Burris Rd.
Casa Grande, AZ 85222
Attn: President

Copyrights to WEBSITE

The Client represents to TWS and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TWS for inclusion in the website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend TWS and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Customer content that is sent to TWS will remain the intellectual property of the Client. TWS does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. TWS will attempt to honor requests to return original content, however, TWS has no liability and does not guarantee the return of any content to Client.

Websites designed by TWS are the intellectual property of TWS until Client has paid TWS one full year of monthly hosting (excluding any promotions) and all design fees due.

Rights to any material included in the website that has been purchased by TWS from third-party vendors for the sole purpose of creating the Client website will not be transferred to the Client, and it is the Clients sole responsibility to purchase and obtain permission from the rightful owner to use each of these elements.

Website Construction Procedure

With help and input from the Client, TWS will prepare the appropriate custom design and work with the content provided by the Client for development of the site. Client must submit complete content to the design department and accept the TOS before site construction begins on the custom website. After content is submitted by the Client the website is developed. In submitting content, links to sample sites the Client likes are for general information purposes only and assist TWS with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in TWS invoice.

The website’s home page is presented to the Client for approval of the website design. After the Client approves the design, the remaining website is developed. The design and content layout are completed by the designer and presented to the Client for approval. After the Client approves the website, the website will go live. The TWS QC team may review the text before site goes live to correct any possible errors. TWS will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email that the website is now live.

Client understands, agrees and acknowledges that TWS does not guarantee a time frame for completion of ANY custom website. A custom website cannot be completed without submission of complete content, design approvals and participation from the Client. If Client continues submitting additional content throughout the design process, the design time frame is increased. If Client does not submit complete content and TWS is not able to start or complete the custom website design, Client is still responsible for all fees incurred including, but not limited to, set-up, enhancement and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.

The website design for a website without custom programming, functionality, flash, e-commerce or the use of a database can be ready for Client approval within 30-60 business days of submission of complete content. However, this is contingent upon the Client fully participating in the design process and responding promptly to TWS requests for approvals and additional information.

Client Approval

Client is responsible for testing the functionality of the website upon TWS request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc. Upon Client approval of the website to go live Client agrees services have been rendered and functionality of website has been tested and approved by Client.

The Client understands and agrees that if the Client does not respond within 5 business days to TWS request for approval, and notification that the website has been completed, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client, and the website will be taken live “as-is”.

The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to TWS notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”.

Website Change Requests During Design Process

TWS agrees to build a website or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale prior to the custom website going live will be billed at TWS standard hourly rate of $65/hour. TWS is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If TWS does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

Enhancements to Website

Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, etc. Client’s requests for enhancements to the original website will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client. Some enhancements such as, but not limited to, flash, custom programming, functionality, etc may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and TWS will proceed with the development as outlined. Once work has begun on enhancements purchased by the client there is No Refund if cancelled.

Standard Website Products Services

The standard website development as defined through TWS is as follows:

Text.  Content for website must be supplied by the Client via the Website Content Worksheet. Otherwise, if there will be an additional charge for typesetting. The content for each web page must not exceed one word document page with a font of Arial 10pt.

Links. This agreement contemplates up to an average of 10 external or relative links per page and an e-mail response link on each web page to any e-mail address specified by Client. This agreement also contemplates making any link the Client desires “pop up” in a new window if requested at the specific dimensions and configuration specified by the Author.

Photos. Client must supply photos and other miscellaneous graphic images. Client must inform TWS if using images selected from TWS third party vendor. Images selected from third party vendor will remain property of such vendor and copyrights will not be transferred to the Client.

Scanning. This agreement does not contemplate scanning images for the Client.

Cross Browser Compatibility. This agreement contemplates the creation of a web site viewable by Microsoft Internet Explorer V6 and V7, Firefox and Safari. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions are developed, the new browser versions may not be compatible. Time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of this agreement.

Web page Definition. Document that contains text and graphical information that can be accessed through the Internet through a web browser. Each page is based on a resolution of 800x600px up to 1024x768px and its length must not exceed two and a half windows (with Scroll).

Creation Disclosure.

Client agrees to allow the addition of the following statement to the bottom of each web page in the Client’s website: “Website designed by TIO Web Solutions”. Where “TIO Web Solutions” will be an external link to TWS website.

Once copyrights to the website are transferred to the Client, the creation disclosure will be removed and there shall be no mention of TWS on the Client’s website.

Database/Programming

TWS does not guarantee a time frame for completion of ANY custom database or custom programming. A “Specifications Summary” may be presented to the Client. TWS agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and TWS will proceed with development of the custom database as outlined. A Specifications Summary will not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.

If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at TWS standard hourly rate. There is no guarantee that changes made by TWS to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client’s requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.

Client is responsible for testing the functionality of the website upon TWS request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.

E-commerce/Stores

Client is required to submit store content via TWS e-commerce spreadsheet. TWS will input up to 20 products free of charge. The Client will be provided with instructions to input any additional products into the store. If the Client requests TWS to enter additional products exceeding the original 20, the Client will be charged, and agrees to pay, for each product added to the store at TWS standard product-entry rates. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at TWS standard hourly rate for requested changes. (See Database/Programming)

Client is responsible for testing the functionality of the e-commerce store upon TWS request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. TWS is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.

The Client agrees that the Client is solely responsible for complying with laws affecting electronic commerce, taxes, and tariffs, and will hold harmless, protect, and defend TWS and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce.

Domain Names Purchased/Hosting Agreement

Monthly hosting is billed every 30 days beginning from the date the website goes live. Server space is secured for the developing website and/or for existing Client domain names. In addition, email accounts and support are available from the date the website goes live and are paid for with monthly hosting fees. Client agrees to a one year hosting commitment with TWS.

Domain names purchased by TWS and website designs created by TWS are the property of TWS until Client has paid all fees including one full year of monthly hosting. At that time ownership of the site and domain name may be transferred to the Client’s control upon receipt of the Client’s written request. Upon Client’s request for transfer of domain and site, Client acknowledges that TWS has met in full its obligation to Client effective the date of Client’s request. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client.

Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Clients may buy-out their hosting by paying 12 months of hosting in advance if they wish to transfer the domain name and content to Client’s control prior to one year of paid monthly hosting. Upon Client’s request for transfer of domain and site, Client acknowledges that TWS has met in full its obligation to Client effective the date of Client’s request. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client.

Domain names are purchased through a third party service. TWS cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase TWS will assist the Client in selecting and purchasing an alternate domain name. Domain names already owned by the Client remain the property of the Client and renewal of the domain name is the Client’s responsibility. The renewal of any domain names transferred to the Client is the responsibility of the Client.

If TWS shall acquire an Internet Domain Name on behalf of the Client, then in such case Client hereby waives any and all claims which it may have against TWS, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by TWS for any reason.

Should the Client desire a specific domain name, which is already owned by another party, negotiations for said domain name must be undertaken by the Client.

Email Accounts

Based on the hosting support package purchased, email accounts are also provided. To begin using email accounts Client should contact Technical Support at: support@tiowebsolutions.com

Additional Services

Client may purchase at an additional monthly cost additional services offered by TWS. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. TWS will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 30 days written notice.

Use and Storage

Client acknowledges that TWS may establish general guidelines and limits concerning use of TWS services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on TWS servers on Client’s behalf. TWS periodically backs up the websites it hosts. However, Client acknowledges that TWS is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by TWS may be lost if data loss occurs after a scheduled backup by TWS.

Billing Policy

The Client agrees to pay TWS an initial deposit of $25 to commence work. By paying the initial deposit, Client agrees to be bound by TWS TOS. The initial deposit will be deducted from the total cost of the website once work has been completed.

Monthly hosting is billed and due every month. The Client hereby requests that TWS renew and bill monthly hosting fees every 30 days, unless the Client cancels in writing after 12 months of monthly hosting fees have been paid.

Monthly hosting and additional services fees will be billed on the 1st of each month to coincide with TWS billing cycles. The amounts of the monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package selected by Client. TWS reserves the right to change prices at any time including monthly hosting amounts and hourly design fees.

TWS charges up to a $35.00 fee for returned checks,credit card or other payment options and a $200.00 fee to handle unauthorized credit card disputes. If TWS does not receive payment in full when due, TWS may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. TWS may, to the extent permitted by the law of the state of the billing address on file for Client at the time is sent to a collection agency, also charge Client for any collection agency fees, attorney’s fees and court costs billed to TWS for collecting from Client. TWS will not honor limiting notations made by a Client on a check. TWS reserves the right to remove any website from viewing on the Internet until final payment is made.

The Client may change payment methods including EFT and credit card payments with 30 days notice. To change payment methods Client should contact TWS billing department. Client should not email new billing information for security purposes.

If Client wishes to dispute a charge Client must first contact TWS billing department and must allow 10 business days for a response. To avoid any dispute about Client’s attempt to contact TWS, Client must send the request in writing to:

Attn: Billing Department, TIO Web Solutions, 9675 N. Burris Rd. Casa Grande, AZ 85222.

Requests may be emailed to billing@tiowebsolutions.com. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.

Termination/Cancellation of Services

TWS, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if TWS believes Client has violated the TOS. TWS may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to TWS services under any provision of this TOS may be effected without prior notice and that TWS may deactivate or delete Client’s account and all related information files. Client agrees that TWS shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. In addition, accounts that become 30 days delinquent will be terminated. TWS also reserves the right to discontinue the designing of Client’s website at any time, at TWS sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by TWS.

If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by TWS.

Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify TWS in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from TWS that the request for termination has been received and no further hosting fees will be billed.

Requests for cancellation of website hosting services or additional services should be sent to the following address:

Attn: Billing Department, TIO Web Solutions, 9675 N. Burris Rd. Casa Grande, AZ 85222.

Requests may be emailed to billing@tiowebsolutions.com. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.

Cancellation Effective Date

Client may terminate hosting services with 30 days written notice, after one full year of paid hosting. The effective date of cancellation is to be 30 days from the date of TWS receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and client agrees to pay.

If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes TWS to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.

Cancellation Fee and Refund Policy

Refunds of the design fee may be issued on accounts cancelled prior to completion of the design according to the following schedule:

1. A minimum of a 25% cancellation fee will be retained by TWS on cancelled accounts even if no design work has been started and no content yet submitted by the Client.

2. A minimum of a 50% cancellation fee will be retained by TWS on cancelled accounts if the Design has been presented to the Client; or TWS has made multiple attempts to work with the Client, and Client has not responded to those attempts.

3. A minimum of a 75% cancellation fee will be retained by TWS if the first round of changes and modifications, requested by the Client, has been completed by TWS.

4. A 100% cancellation fee will be retained by TWS and NO REFUND issued after the website has been completed by TWS and approved by the Client. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.

MINIMUM CANCELLATION FEE - Client agrees that a minimum cancellation fee of 25% will be retained by TWS on all cancelled accounts even if no design work has been started. The cancellation fee is charged to compensate TWS for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.

ENHANCEMENT SALES - A 100% cancellation fee will be retained by TWS and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, e-commerce stores etc. Client agrees that a minimum cancellation fee of 25% will be retained by TWS on all cancelled enhancement purchases if work has not yet begun.

MONTHLY HOSTING - Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.

Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).

60-Day Satisfaction Guarantee

TWS provides a 60-day satisfaction guarantee. TWS will continue to change and modify the Client’s website to Client’s liking, within 60 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost. Changes include minor modifications and corrections requested, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text, major page and design reconstruction, new pages, navigation structure changes. It does not include any changes to any enhancements purchased, including, but not limited to, databases, programming, logos, flash, e-commerce stores etc.

Changes to the website made after 60 days from the date of the initial sale, or after the website is taken live, will be billed to the Client at TWS standard hourly rate of $65/hour over and above the initial design fee paid. TWS does not guarantee that the website designed will be exactly what the client has envisioned. TWS best effort will be given for the 60-day satisfaction guarantee but TWS is not obligated to complete multiple redesigns or modifications. While TWS may agree to make requested changes and to bill the Client directly, TWS is not obligated to complete Client requests or changes outside of the 60-day satisfaction period. If TWS does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.

TIO WEB SOLUTIONS Proprietary Rights

Client acknowledges and agrees that TWS services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of TWS services.

Use of Client Information

Client hereby agrees that any information or ideas submitted to TWS by any means may be used by TWS without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information.

Client herby gives permission to TWS to use samples or links to Client’s custom website designed by TWS for marketing and advertising purposes, including but not limited to, use in TWS online portfolio.

Marketing Representations

TWS makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to TWS are due at time of sale of website design and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website.

Third-Party Services

Third parties may offer service to TWS clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. TWS does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access TWS services. Client also agrees that TWS is under no obligation to provide Client with any enhancements, updates, or fixes to make TWS services accessible through any third-party applications.

Contact TIO WEB SOLUTIONS

Client may visit our website at www.tiowebsolutions.com at any time. Client may also email TWS at the following department email addresses:

Sales: sales@tiowebsolutions.com

Technical Support & Email: support@tiowebsolutions.com

Customer Service: service@tiowebsolutions.com

Billing Questions or Concerns: billing@tiowebsolutions.com

Termination of Services: billing@tiowebsolutions.com

Updates to Design: updates@tiowebsolutions.com 

Disclaimer of Warranties

Client’s use of TWS services is at Client’s own risk. TWS services are provided “as-is”. TWS disclaims to the fullest extent permitted by law all warranties of any kind, whether expressed or implied, including, but limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. TWS disclaims any warranties regarding TWS services including that they will meet Client’s requirements, that they will be uninterrupted, timely, secure, or error-free. TWS disclaims any warranties regarding the results that may be obtained from the use of TWS services, including resulting sales and web traffic. TWS disclaims any warranties regarding the marketing of Client’s products, services, sales or website. TWS disclaims any warranties regarding the quality of any products, services, information or other material purchased, advertised or obtained through TWS services, or links provided by TWS services, as well as for any information or advice provided by TWS or obtained through links provided through TWS services.

Client understands and agrees that any material downloaded or otherwise obtained through the use of TWS services are done at Client’s own risk and that Client will be solely responsible for any damages to Client’s computer system or loss of data or other liability that results from download of such material.

Some States or Jurisdictions do not allow the exclusion of implied warranties. The above exclusions may not apply to Client.

Limitation of Liability

Client understands and agrees that TWS, it’s subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profit, goodwill, use, data, or other intangible losses, (even if TWS has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from the use of or inability to use TWS services, reliance on TWS services, or from the interruption, suspension, or termination of TWS services (including such damages incurred by third parties.) This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services resulting from products or services purchased or obtained or messages received or transactions entered through TWS services or for unauthorized access to or alteration of Client’s data or transmissions and any statements or conduct of a third party or any other matters relating to TWS services. Such limitation shall further apply, with respect to the performance or non-performance of services or any information or merchandise that appears on, or is linked in any way to TWS services.

Some Jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to Client.

Without limiting the foregoing, under no circumstances shall TWS be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. TWS full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to TWS.

Indemnification

Client agrees to defend, indemnify and hold harmless TWS, it’s directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through TWS services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by TWS or from Client’s violation of the TOS or Client’s violation of any rights of another.

Severability

In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms.

Jurisdiction

The TOS agreement shall be governed by the laws of the State of Arizona. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts in the State of Arizona, Pinal County.

Arbitration

In lieu of litigation, Client agrees to binding arbitration if requested by TWS.

Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this TOS shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of TWS.

Governance

TWS may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.

Electronic Signatures

Selecting and submitting “accept” on the electronic copy of the TOS, making payment, or submitting information or documents to TWS so that TWS may perform services for the client, the same shall constitute an electronic signature as defined by Arizona’s Uniform Electronic Transactions Act, Ariz. Rev. Stat. Ann. §44-7001 et seq.

General Information

This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of TWS. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this TOS.

Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of TWS services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.