Terms Of Service

1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by 98 Cent Websites for its clients.

2. OUR FEES AND DEPOSITS

Flat Fee or Contract – A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.  The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

98 Cent Website/Buck 99 Website – Upon payment of the first month’s service fee ($29.40 for 98 Cent Website or $59.70 for Buck 99 Website), we will begin work on your website.  The progress and completion of your site is contingent on content we have requested or you have stated you will provide.  The faster we get your content, the faster we can complete your website.

3. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

4. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

6. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

7. REJECTED WORK

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

8. PAYMENT

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

10. LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

11. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.

12. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

13. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of 98 Cent Websites under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

14. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

15. NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

16. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

17. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

18. OWNERSHIP OF DOMAIN NAMES

We will supply to you account credentials for domain name registration that we purchased on your behalf when you reimburse us for any expenses that we have incurred.  If the domain name is determined to reside in a private or company account which we control, we will be happy to transfer or push your domain name to a different registrar or account 90 days after the purchase of your domain.

19. OWNERSHIP OF WEB HOSTING

ALL WEB HOSTING SERVERS are leased, owned, managed, and/or maintained by 98 Cent Websites, Buck 99 Websites and Bleazy USA LLC.  Due to privacy concerns for other customers and clients, WE WILL NEVER grant outside access to any person or company for any server, admin panel or dashboard we use to provide service to you or our clients.  This includes but is not limited to WHM, Cpanel or WordPress Dashboard.  Additionally, all framework, website templates, website themes, plugins and extensions as well as the labor consumed to produce your website is the intellectual property of Bleazy USA LLC and is owned and operated by us.  We will not and are not obligated to transfer, duplicate, copy or reproduce any portion of your website to you, another hosting provider or private server.  We are not obligated and will not provide backups for website migration to you or any other hosting company, person or entity.  You are however, welcome to copy and paste the content you provided when you signed up for service and your website was originally designed and developed to another framework, hosting provider or website.

20. EMAIL ADDRESSES AND EMAIL MESSAGES

You as a customer or client are responsible for emails your email client such as Microsoft Outlook, Apple Mail or Thunderbird, etc., has retrieved from our server.  Upon signing up for our service, we will provide login and server credentials for your email client to communicate, retrieve and send email messages through our servers.  If you so choose to terminate your service with 98 Cent Websites, Buck 99 Websites or Bleazy USA LLC, we are not obligated and will not provide any sort of email message archive or transfer.

21. TERMINATION/CANCELLATION OF SERVICE

If you choose to cancel your account with 98 Cent Websites, Buck 99 Websites or Bleazy USA LLC, you are welcome to do so and there is no cancellation fee.  As stated in items 18, 19 and 20 we are not obligated to provide any transfer files, backup files or archive files for your website or email messages.  However, if you need to transfer your website and/or email messages to another hosting provider, we are willing to provide you with the website in its entirety as well as your email messages for $499 USD.

22. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Arizona. You and 98 Cent Websites submit to the non-exclusive jurisdiction of the courts in and of Arizona in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

23. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Joomla”, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

24. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify 98 Cent Websites and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.