Tex Design Studio.com
UPDATED November 2, 20121. ACCEPTANCE OF TERMS
This Terms of Service (TOS) agreement is between you (Client) and Tex Design Studio, and its legal successors and assigns.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using TDS’ services, including but not limited to, submission of content to TDS’ 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. TDS provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at http://www.texdesignstudio.com/terms. Failure to comply with the TOS may result in account termination. By using TDS’ services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and TDS is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.
Client’s acceptance of the TOS is binding upon all TDS services including the purchase of additional services or additional websites or accounts at a later date. 2. TERM OF AGREEMENT; MODIFICATIONS.
You agree that Tex Design Studio may modify this Agreement and the Services from time to time. You agree to be bound by any changes Tex Design Studio may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Tex Design Studio, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, Tex Design Studio will not refund any amounts You have paid. You agree that Tex Design Studio shall not be bound by any representations made by third parties who You may use to purchase Services from Tex Design Studio, and that any statement of a general nature, which may be posted on Tex Design Studio's web site or contained in Tex Design Studio's promotional materials, will not bind Tex Design Studio. Tex Design Studio may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying Tex Design Studio should You desire to terminate Your use of Tex Design Studio's Services. Notification of Your intent to terminate must be provided to Tex Design Studio no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. 3. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to Tex Design Studio, as needed, while You are using Tex Design Studio's Services. You agree You will notify Tex Design Studio within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Tex Design Studio to determine the validity of information provided by You will constitute a material breach of this Agreement.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). For security purposes, Tex Design Studio recommends that You change Your password and shopper PIN every six (6) months, for every Tex Design Studio account, subject to Tex Design Studio's password and PIN guidelines. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Tex Design Studio immediately of any unauthorized use of Your account or any other breach of security. You agree Tex Design Studio will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Tex Design Studio or another party due to someone else using Your Account Access Information. You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Tex Design Studio specifically disclaims liability for any activity in Your account, whether authorized by You or not. 6. INTELLECTUAL PROPERTY.
TDS respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. TDS may terminate accounts for copyright or trademark infringement, or for any other reason TDS deems appropriate as it may relate to Client’s use of another’s intellectual property.
TDS will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to TDS is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website. (See Unacceptable Practices).
Client content that is sent to TDS will remain the intellectual property of the Client. TDS 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. TDS will attempt to honor requests to return original content; however, TDS has no liability and does not guarantee the return of any content to Client.
You agree that Tex Design Studio or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.
You understand and agree that all content and materials contained in this Agreement, other policies, the Tex Design Studio web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Tex Design Studio or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Tex Design Studio or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise. 7. FEES AND PAYMENT.
As consideration for the Software or Services purchased by You and provided to You by Tex Design Studio, You agree to pay Tex Design Studio at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Tex Design Studio expressly reserves the right to modify pricing through email notification and/or notice on its web site. Payment may be made by You by providing either a valid credit card, an online ACH check, or wire fund transfer. Your Payment Method on file must be kept valid if You have any active products in Your account.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month, in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Tex Design Studio will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Tex Design Studio, at Tex Design Studio's then current rates.
If for any reason Tex Design Studio is unable to charge Your Payment Method for the full amount owed Tex Design Studio for the Services provided, or if Tex Design Studio is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Tex Design Studio may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Tex Design Studio is unable to charge Your credit card with the full amount of the Services provided, or if Tex Design Studio is charged back for any fee it previously charged to the credit card You provided, You agree that Tex Design Studio may pursue all available remedies in order to obtain payment. You agree that among the remedies Tex Design Studio may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any Services registered or renewed on Your behalf. Tex Design Studio reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your credit card information at any time by logging into Your Account Manager.
You agree that You are solely liable for arranging that Your Services are renewed, and that Tex Design Studio shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
While all transactions are processed in US dollars, Tex Design Studio may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Tex Design Studio makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process. 8. WEBSITE CONSTRUCTION PROCEDUREWith help and input from the Client, TDS will prepare the appropriate custom design and work with the content provided by the Client for development of the site. Client must submit content to the design department before site construction begins on the custom website. Client must submit content through the Online Design Packet (ODP). Client must electronically accept the TOS before access is granted to the ODP. After content is submitted by the Client the website is developed. Prior to the website being taken live the client will receive a missing information notification if content is incomplete. Client will then have two weeks to submit complete content. If complete content is not received the website will then be taken live "as-is". If the website is taken live without all of the pages completed due to incomplete content those pages may be banked and developed in the future using Client's design time.
In submitting content through the ODP, links to sample sites the Client likes are for general information purposes only and assist TDS 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 TDS' invoice and do not infringe upon the intellectual property rights of others.
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 TDS QC team may review the text before site goes live to correct any possible errors. TDS 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 TDS 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 TDS 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.
Client is provided with a space holder immediately after sale. Upon request, Client is also provided with an optional welcome website shortly after the initial sale. The welcome website is a temporary website Client can modify and send customers to while the custom website is being built. Client may choose not to have a welcome website if so desired
9. CLIENT APPROVAL
Client is responsible for testing the functionality of the website upon TDS' 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 TDS' 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 TDS' 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".
In the event that TDS completes all of the work per the original sale and database write ups, TDS reserves the right to move the site live and deem the work to be completed without Client's permission if Client will not give approval of the work.
10. WEBSITE CHANGE REQUEST
TDS 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 TDS' standard hourly rate. TDS is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If TDS does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
TDS does not guarantee a time frame for completion of ANY custom database or custom programming. A custom "Database Specifications Summary" may be presented to the Client. TDS 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 TDS 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 at TDS' standard hourly rate. There is no guarantee that changes made by TDS 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 TDS' 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.
TDS 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 TDS to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at TDS' standard data entry rates.
Client is required to submit store content via TDS' content spreadsheet. TDS 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 TDS 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 TDS' 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 TDS' standard hourly rate for requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon TDS' request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. TDS 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.
13. 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 TDS 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.
14. EXPIDITED SERVICES
While TDS 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 TDS 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 TDS 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, completion of the Online Design Packet (ODP), acceptance of any project specification documents prepared by TDS and Client's timely cooperation with TDS in any solicitation for information related to the website's development.
If expedited service is offered to Client by TDS, 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 TDS 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 TDS with requested information in a timely manner, TDS 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 TDS for any and all other charges related to the website's development.
15. CALL MONITORING AND RECORDING PRIVACY STATEMENT
16. UNACCEPTABLE PRACTICESAs TDS strives to offer the very best service, there are certain guidelines and policies that must govern TDS' efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of TDS' services. Such decisions are at the sole discretion of TDS. Unacceptable practices include, but are not limited to:
As part of TDS' commitment to providing the best possible service TDS may monitor and record phone calls answered by TDS and made by TDS. TDS may also archive recorded voice mail messages. TDS 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 TDS to identify how TDS can better serve its customers.
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Lingerie websites
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at TDS' discretion)
- Gambling, gaming, lotteries, and like activities
- Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another's privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.\
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism,
- piracy, and all unauthorized use of materials or content that infringes on third parties' intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Prescription drugs and related content
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling of email accounts or hosting accounts to third parties.
- Reselling of any TDS services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
- Links to other sites that are in violation of Tex Design Studio ' policies and guidelines
- Other activities, whether lawful or unlawful, that TDS deems to be in poor taste or that reflect adversely on TDS or TDS' other clients
- TDS reserves the right to refuse to design or host an account at its sole discretion at anytime.
As an TDS Client, you agree to conduct your 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 TDS harmless in the event of third parties' legal issues brought against Client for Client's business practices. TDS retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. TDS 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 TDS 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)
17. PAY BY PAYPALBy using Tex Design Studio's pay by PayPal, Inc. ("PayPal") option ("Pay by PayPal"), You can purchase Tex Design Studio Software and Services using PayPal. In consideration for the Software and Services purchased by You and provided to You by Tex Design Studio, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable. It is Your responsibility to keep Your PayPal Account current, to have available funds in it and to have Your PayPal Account backed by a valid credit card. You agree that PayPal and Tex Design Studio will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and Tex Design Studio may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source. By clicking the box labeled "I agree" to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.
18. REPRESENTATIONS AND WARRANTIES. You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
Tex Design Studio expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Tex Design Studio, as well as its affiliates, subsidiaries, officers, directors and employees. Tex Design Studio also reserves the right to freeze a Service during resolution of a dispute.
19. USE OF CLIENT INFORMATION
Client herby gives permission to TDS to use samples or links to Client's custom website designed by TDS for marketing and advertising purposes, including but not limited to, use in TDS' online portfolio.
20. THIRD-PARTY SERVICES