2.Limited Right to Use.
This web site is owned and operated by itechinnovative.com Interactive. Unless otherwise specified, all Materials on this web site are the property ofitechinnovative.com Interactive and are protected by the copyright laws of USA and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by itechinnovative.com Interactive on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission fromitechinnovative.com Interactive. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and nonproprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate toitechinnovative.com Interactive (“Feedback”) will be deemed, at the time of communication to itechinnovative.com Interactive, the property of itechinnovative.com Interactive, and itechinnovative.com Interactive shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.
4.Access to Password Protected or Secured Areas.
Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.
6.Links to Other Sites.
The linked sites are not under the control of itechinnovative.com Interactive and itechinnovative.com Interactive is not responsible for the content of any linked site or any link contained in a linked site. itechinnovative.com Interactive reserves the right to terminate any link at any time. itechinnovative.com Interactive may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. itechinnovative.com Interactive DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
You agree to indemnify, defend and hold itechinnovative.com Interactive harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this web site.
9.Limitation of Liability.
IN NO EVENT SHALL ITECHINNOVATIVE.COM INTERACTIVE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF WEBSTUDIOMONACO.COM INTERACTIVE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
itechinnovative.com Interactive assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. itechinnovative.com Interactive is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED “AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.
REFUND & CANCELLATION POLICY
Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by itech innovative and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Payments for custom web development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by itech innovative and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Search Engine Optimization, Internet Marketing and Social Media Optimization
Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are nonrefundable, and itech innovative do not issue prorate refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by itech innovative.com in initiating services. If a project is cancelled or postponed, all monies paid are retained by itech innovative and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until 15 days after due date of payment not received. If client paid for hosting account for 6 or 12 months ahead and cancels service before plan expiration date, a refund may be given for the months not yet elapsed. If client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount. itechinnovative.com reserves the right disable and/or terminate a user’s account if a user is found in violation of the terms.
Accounts terminated due to policy violations will not be refunded.
OWNERSHIP OF WEBSITE DESIGN
Upon completion of a custom website design and payment of web design and development fees, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services withitechinnovative.com. The client does not have the right to resell the design or development to other companies. The client does have the right to add pages onto the existing site or have another company add pages onto the existing site using the commissioned website design/development. The client
does not have permission to reuse pieces of our work in a redesigned website that gives another company design credit.
OWNERSHIP OF WEBSITE DOMAIN NAME
Website domain names are leased from domain name registration companies. When itechinnovative.com registers a domain name for a client, that registration will be made in the client’s name. Upon payment of any outstanding fees, the client has the right to use that domain name regardless of whether he/she chooses to continue further services with itechinnovative.com. Domain name renewal and renewal fees are the responsibility of the client. If the client chooses to have itechinnovative.com Web Design renew the domain name on behalf of the client, an additional service fee will apply. Clients are advised to closely monitor the renewal date of a registered domain name and to verify that the renewal of said domain name has been completed. itechinnovative.com cannot be responsible for expired domain names.
OWNERSHIP AND COPYRIGHT
All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired itechinnovative.com for content development). The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. itechinnovative.com cannot be responsible for intellectual property infringements on behalf of clients. Also, itechinnovative.com cannot be responsible for submitted content. Clients should not mail irreplaceable photos or documents or send
content that must be returned.
The initiation of a web design or development project requires a signed or electronically submitted signup form, payment of half of the initial web design/development fees (or payment in full if the entire project or less), plus the client logo or any other element that is required to be used in the design.
PROJECT TIMELINESS REQUIREMENTS FOR CLIENTS
Projects can be hindered if the client does not provide feedback or required elements in a timely manner, such as feedback on a design mockup, requested sitemaps, text to be used as content on the web pages, photos for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if itech innovative.com is waiting for content or other piece of information, the client will be notified. If the client fails to handle the requests within ten business days, then itech innovative will take any or all of the following steps to keep the project moving forward in a timely manner:
MOCKUP FEEDBACK – If the client does not give feedback on the design mockup within ten business days, by default, the mockup is approved. If the client later wishes to change the design, additional charges may apply. ($75/h)
SITEMAPS OR PAGE NAMES – If the client fails to provide the requested list of web pages within ten business days, by default,itech innovative will assign page names. If the client later wishes to change these page names, additional charges may apply.($75/h)
CLIENT LOGO – If the client fails to provide a copy of an existing logo within ten business days, a substitute logo or company name graphic may be used. If the client later wishes to change the substitute logo or company name graphic, additional charges may apply.($75/h)
PHOTO TO USE IN DESIGN – If the client has requested the design include a particular photo, and the client fails to provide the required photo within ten business days, a substitute photo may be used. If the client later wishes to change the substitute photo, additional charges may apply.($75/h)
HOME PAGE TEXT – Itech Innovative will provide a content writer for home page text. If, for a period of ten business days, the client fails to be available for a telephone interview with the writer, then the writer will compose the initial text without having interviewed the client, that text will be automatically used, and the client may change it later himself using the content management system (CMS). If the client is available for an initial interview in a timely manner, then the writer will also provide one round of revisions after the initial text has been written. If, for a period of ten business days, the client fails to offer any feedback on the home page text provided, then by default, that text is approved, and the client may change it later himself using the content management system (CMS).
TEXT AND OPTIONAL PHOTOS FOR ALL OTHER WEB PAGES – Unless the writer has been hired for additional pages, it is the client’s responsibility to provide content for all other pages in the website. If the client provides all text (and optional photos) within ten business days, then Itech Innovative will add that content to the website. If the client fails to provide content for those pages within ten business days, then Itech Innovative will complete those pages with simple placeholder
text such as, “ABC Client offers many XYZ Services. For more information, please contact ABC Client.” The client will have the ability to add more complete content later using the content management system (CMS).
OTHER ELEMENTS OR ADMINISTRATIVE DUTIES – There may be other elements required such as passwords for existing domain names, etc. Regardless of what element may be required, if the client cannot or will not provide the required element or information within ten business days,Itech Innovative reserves the right to make substitutions, leave elements out, or take other actions in order to complete the project.
ANY OTHER DELAYS – If more than 30 days have passed since the client signed the initial project
agreement form Itech Innovative reserves the right to consider the project complete in its entirety, bill for the completed project, and bill for all future work.
HOW CONTENT MAY BE SUBMITTED
All content must be submitted electronically via email (contact us for the correct email address). Text must be selectable as actual text rather than as flattened images. Both text and photos/graphics must be clearly labeled with the name of the page on which it will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and will incur a surcharge.
HOW MUCH CONTENT MAY BE SUBMITTED PER PAGE
Due to web page load time considerations and the flat rate charged for web pages, there is a limit on what can be included in a single web page. A web page can hold the equivalent of about 2 pages of the content that would typically fit on an 8 ½” x 11” piece of paper. If the content is straight text without any pictures, tables, graphs, etc., this equates to a maximum of 2000 words. If there are pictures, or tables, etc., then less text will fit. Additionally, a web page may include up to a maximum of six photos on a page. A photo gallery page with limited text may contain up to ten photos. If a client’s content does not fit within these parameters, one or more additional web pages should be purchased.
HOW REVISIONS TO A WEBSITE DESIGN ARE HANDLED
We take pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the design we create for them. However, design is a subjective art, and not everyone’s tastes are the same. While we will gladly make initial minor modifications for no additional charge, it is important to be clear on how revisions to the look of a website design are handled. The web design signup form is the contract that describes the look a commissioned web design project will achieve. Design preferences, such as the look of the site, the color scheme, the functionality, monitor resolution preferences, etc. should be specified at that time, prior to the commencement of any design work. If any design preference stated in the web design signup form was not met, the adjustments will be made free of charge. If the client develops preferences or changes his/her mind after the completion of the work, adjustments will be made by the hour at $75.00 per hour.
DESIGNS FOR SUB PAGES
Unless otherwise specified in the design contract, subpages of any website will use the same design as the home page. Mockups are not provided for sub pages. Formatting requests for sub pages will be considered but will not be guaranteed. If the client requires specific looks or formatting for sub pages, this request should be made at the time of the initial contract and may incur additional fees$75.00 per hour.
HOW WEBSITE UPDATE REQUESTS/MAINTENANCE REQUESTS ARE HANDLED
Clients who have signed up for a maintenance plan receive discounts off the web designer’s hourly rates for website updates. The standard half hour maintenance plan is enough time to add about five photos and a few paragraphs of text. Clients on a itechinnovative.com Web Design web maintenance plan may send update requests via email (contact us for the correct email address). Routine maintenance that fits into the allotted time specified in the client’s maintenance plan is typically completed in about three to four business days. If a client on a website maintenance plan requests more than the scheduled amount of maintenance, he/she will be given a quote and, if approved, the additional work will be completed at a discounted rate of $65.00 per hour and the turnaround time will be based on workload issues. Clients who are not on any maintenance plan may request website updates at the full $75.00 hourly rate and the turnaround time will be based on workload issues.Monthly maintenance plan fees are separate from hosting fees and may be cancelled at any time. (See details under the Termination of Services section.)
HOW TECHNICAL SUPPORT IS HANDLED
Clients whose websites are hosted by Itech Innovative have access to emergency technical support 24 hours a day. In the event of a website hosting outage, clients should leave a voicemail message for the Technical Support phone extension, and a technician will be paged. The phone number is listed on the Contact Us page of our website. Please note, technical support cannot be provided for clients’ individual computer issues or for third party products or services. For clients who use our email server, the email account password and settings will be provided, but it is up to the individual client to set up his/her email in an email software program or on his/her smartphone. If a client is unable to set up his/her email, the client
should contract with a computer service company for assistance.
PROJECT FEES – One-half of the initial website design and development fees is due upon project initiation. Upon project completion, the remaining balance is due in full within five business days.
GOING LIVE – Once the remaining balance is paid in full, the completed website will go live. After the new website has been live for 10 business days, Itech Innovative will register the client’s website with Google, engines.
NON-PAYERS – If the balance on a completed project has not been paid within 5 business days, a 10% penalty will be added. For example, if the remaining balance on a completed project is $1,000, and that balance has not been paid within 5 business days, the new balance on the complete project will automatically be increased to $1,100. Balances that are not paid within 30 days will be reported to a credit bureau. Balances that are not paid within 60 days will be turned over to a collections agency.
MONTHLY FEES – Payment for monthly services such as Hosting and Maintenance are due within net 20.
Itech Innovative charges a late fee of 10% of the total outstanding balance for invoices not paid by the end of the calendar month (net 25). Accounts at net 60 are at risk of termination. Clients experiencing financial hardship should contact Itech Innovative to discuss payment options.
If a billing error is noticed, the client should immediately contact Itech Innovative. Refunds of overpayments will be made for up to a maximum of three months, so clients are urged to check billing statements regularly. Refunds of more than 1 months will not be processed. Additionally, Itech Innovative reserves the right to bill clients for accidental under charges for a maximum of up to three months.
SEARCH ENGINE GUARANTEE
Most every client would like his/her website to rank high in search engine results for selected keywords, yet search engine results are determined by a multitude of constantly changing factors, third party search engines, and the amount and quality of competition on the world wide web. Itech Innovative guarantees certain search-engine friendly techniques will be used in the creating of each custom website, such as keywords in the title bar at the top of the browser, the meta tags in the hidden coding behind the scenes, and alternate text behind some images. If the keyword placement in these three areas is not to the client’s
liking, Itech Innovative will change these three items to the client’s choices one time for free. Subsequent or additional changes will be billed at the standard hourly rate. Additional search engine optimization (SEO) services.
We take pride in offering high quality services and professional customer service. While we make an effort to ensure every aspect of our service is to the client’s liking, we cannot control every variable. It is up to each client to regularly test the functionality of his/her website, email, and any other product or service to ensure everything works as desired. If any problem is discovered or error has been made, please report the problem to us immediately so we may take appropriate action. We cannot be responsible for perceived loss of revenue under any circumstances. Changes resulting from a client’s error and/or problems related to third party vendors or technology, such as hosting servers or browser software may result in additional charges.
TERMINATION OF SERVICES
If the client changes his/her mind about doing work with Itech Innovative during the course of the initial web design or development phase, the client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean owing additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.
THIRD PARTY VENDORS
Third party vendors may have separate terms of service agreements. Itech Innovative cannot be held liable for disputes with third party vendors, regardless of whether or not the service is part of a reseller agreement or referral.Itech Innovative cannot be held responsible for lack of functionality or any other aspect of third party services.
REFUSAL OF SERVICE
Itech Innovative does not accept projects that promote hate, intolerance, pornography, animal exploitation, or any other unethical practice.Itech Innovative reserves the right to decline to do business with any client for any reason.
For more info about spamming, visit http://www.abuse.net
Itech Innovative takes a no tolerance approach when dealing with spam and other types of UCE (unsolicited commercial e-mail).
Itech Innovative defines spam as any type of unsolicited email used for any purpose. This includes, but is not limited to:
A. Using a non-existent return email address when sending commercial solicitations.
B. Mail-bombing (sending numerous messages to the same user).
C. Subscribing someone else to a mailing list without that person’s permission.
D. Posting the same article to multiple newsgroups.
E. Using another network to send spam that relates in any way to Sagentic, LLC or any site hosted by Sagentic, LLC (including your site).
F. Sending bulk e-mail without providing a way for the receiver to unsubscribe.
If you wish to have a mailing list then you must make sure that it is a Double Opt-in format. This means that when someone subscribes to your list by giving you their email address, you will need to send them an email that tells them that you have received a request to have them subscribed to your list. This email should not be an advertisement or it could be considered spam. It should just state that you have received a request to subscribe them to your list. You will also need to tell them in the email that if they want to be subscribed that they will need to reply to that email with “subscribe” in the subject. If they delete the email or just do not reply with “subscribe” in the subject, they will not be subscribed to the list and they will not receive any further emails. If you have any questions about this Double Opt-in format, please contact moc.citnegas@esuba.
If a client is found in violation of the above no-spam policy, the offending account may be terminated without notice and no refund will be issued. There may also be a fee (payable in U.S. funds) charged to the client for each complaint received by Itech Innovative.
To report spam, please email moc.citnegas@esuba.
Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
1. Website Change Requests Before and After Website Goes Live
Itech Innovative agrees to build a website and/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, either prior to the custom website going live, or after the site has gone live, will be billed at Itech Innovative’s standard hourly rate.Itech Innovative is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Itech Innovative does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Itech Innovative does not guarantee a time frame for completion of ANY custom database or custom programming completed by Itech Innovative or anItech Innovative Partner. If database is completed by Itech Innovative A custom “Database Specifications Summary” may be presented to the Client. Itech Innovative agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and Itech Innovative may proceed with development of the custom database as outlined. A Database Specifications Summary may 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 atItech Innovative’s standard hourly rate. There is no guarantee that changes made by Itech Innovative 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.
Itech Innovative will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests Itech Innovative to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at Itech Innovative’s standard data entry rates.
Client will be provided with instructions to input products into the store. If Client requests Itech Innovative to enter products into the store on Client’s behalf, the Client will be charged, and agrees to pay, for each product added to the store at Itech Innovative’s standard product-entry rates. Client is required to submit store content to Itech Innovative via Itech Innovative’s content spreadsheet. 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 Itech Innovative’s standard hourly rate for requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon Itech Innovative’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality.Itech Innovative 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.
4. 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, galleries, rollovers, etc. Client’s requests for enhancements to the original sale 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 HIT will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
5. Expedited Services
While Itech Innovative does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Itech Innovative at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that HIT will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Itech Innovative and Client’s timely cooperation with Itech Innovative in any solicitation for information related to the website’s development.
If expedited service is offered to Client by Itech Innovative, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Itech Innovative guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Itech Innovative with requested information in a timely manner,Itech Innovative reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Itech Innovative for any and all other charges related to the website’s development.
6. Additional Services
Client may purchase at an additional monthly cost additional services offered by Itech Innovative. Additional monthly services may include, but are not limited to, the Web Traffic Director program (WTD), spam filters, and back-up software. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service.Itech Innovative 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 15 days written notice.
Disclaimer of Warranties
CLIENT’S USE OF HIT’S SERVICES IS AT CLIENT’S OWN RISK.Itech Innovative’s SERVICES ARE PROVIDED “AS IS”.Itech Innovative DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.Itech Innovative DISCLAIMS ANY WARRANTIES REGARDING HIT’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. HIT DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Itech Innovative’s SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. Itech Innovative DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. HIT DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH HIT’S SERVICES, OR LINKS PROVIDED BY Itech Innovative’s SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY Itech Innovative OR OBTAINED THROUGH LINKS PROVIDED THROUGH Itech Innovative’s SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Itech Innovative’s 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 THE DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
1. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT Itech Innovative, ITS 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 PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HIT 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 HIT’S SERVICES, RELIANCE ON HIT’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF HIT’S 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 Itech Innovative’s 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 Itech Innovative’s 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 Itech Innovative’s 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 circumstance shall Itech Innovative 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.Itech Innovative’s full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Itech Innovative.
CHANGES TO TERMS OF SERVICE
Itech Innovative, 2017