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Terms of Service

By placing an order with ClickBridge Design, you confirm that you are in agreement with and bound by the terms and conditions below

All Graphic Design, Web Design, Maintenance Plans, & Hosting Services provided by ClickBridge Design are subject to the following terms and conditions.

Estimates & Contracts
Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.

Charges & Fees
All Basic, Premium, and E-Commerce web design projects require full payment before work begins. Larger projects ($600+) require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

All new web design projects that exceed $1,000 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

Any check payments that do not clear will be charged a $35 fee. ClickBridge Design retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)

Payments
ClickBridge Design accepts payments via Check, PayPal and all major Credit Cards. Your project will not be released to you or uploaded until full payment is received.

Hours of Operation
Our business hours are Monday-Friday from 9am-6pm EST and Saturday 10am-3pm EST.  If you require our services after the posted hours, such as on weekends or holidays, you will be charged our base rate of $35 plus 20%. There will be no extra charge for clients who are subscribed to our Updates and Maintenance Plan and require website modifications.

Web Site Design Credit
All ClickBridge Design custom web design clients will have a Developed by ClickBridge Design link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay ClickBridge Design a fee of $75 to have this link permanently removed. Should you have a new layout designed for your site by a company other than ClickBridge Design, you may remove the credit from your website. Thank you.

Copyright & Ownership
Upon completion of the project, ClickBridge Design transfers all rights and ownership of CUSTOM designs and programming written by ClickBridge Design to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners. However, any plugins used in the development of WordPress websites are licensed to their respective owners.

ClickBridge Design reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by ClickBridge Design but not in legal use by the client.

ClickBridge Design reserves the right to display websites and graphics that have been designed by ClickBridge Design on their website, and in any marketing material to aid as examples of our work.

Refunds
ClickBridge Design requires a deposit before we begin work on any project. A request to terminate services must be presented to ClickBridge Design in writing within 30 Days of project completion. ClickBridge Design has a 100% Satisfaction Guarantee. If we fail to meet your expectations, a full refund will be issued within 30 Days of your written request. Otherwise, please follow the refund terms below.

Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.

We cannot issue refunds for monies received from previous months for our Hosting, or Updates and Maintenance, Plans.

Chargebacks
ClickBridge Design will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.

Development & Delivery
ClickBridge Design understands the importance of completing projects in a timely manner. We agree to complete the web design project within 90 days from the date of contract signing unless otherwise noted. If the client does not supply ClickBridge Design with complete text, graphic content and other requested materials for the contracted client within 90 days of payment, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to ClickBridge Design for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between ClickBridge Design and the client.

Non-Communication
If we are unable to communicate with a client on a project for a duration of at least thirty days (30) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Liability
Services purchased from ClickBridge Design are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall ClickBridge Design be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

International Customers
We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via PayPal or Credit Card. This is non-negotiable.

Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Exclusive jurisdiction and venue is as governed in the district court of Forsyth County, North Carolina.

Acceptance
Please note that by submitting your Payment, Deposit, or down payment for our services you are agreeing to all of our terms of service as written here. ClickBridge Design reserves the right to change or update these terms at any time without prior notice.

Updates and Maintenance Plan
ClickBridge Design Updates and Maintenance Plans are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated at payment. ClickBridge Design Updates and Maintenance Plans allow for a total of 3 hours of work per month. If client exceeds this limit, we will charge our hourly rate of $35 per hour to complete your requested update, maintenance, or addition.

Notice: no charge will be submitted without your prior consent.

The ClickBridge Design Updates and Maintenance Plan does not cover logo design, new web pages, plugin installation, new product pages, or the like. The Updates and Maintenance Plan is valid only for updates and maintenance to existing content, including: theme updates, plugin updates, changes to webpages, and basic troubleshooting.

Graphic Design and Logos
Being an all-digital design shop means that you are responsible for providing us with all artwork corrections for your pre-published work.  Please note that it makes good sense to check your designs (and spelling) before approval – corrections or modifications made after the approval/proofing stage will incur extra charges, as we need to make design changes and repeat the entire design process to incorporate the new files.

In summary, ClickBridge Design and our artists have done everything possible to make the artwork and files perfect. However, ClickBridge Design and it’s designers/affiliates are not responsible for it’s final approval, so please be sure to check all copy, dimensions, and color separations.

 
User Agreement & Hosting Terms of Service
The use of services from ClickBridgeDesign.com constitutes agreement to these terms.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

We do not offer FREE Transfer service with Sign-up. Please contact us with specific details to receive a price quote for website transfers.

2.) Content
All services provided by ClickBridge Design may only be used for lawful purposes. The laws of the State of North Carolina, State of Hawaii, State of California, State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless ClickBridge Design from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email info@clickbridgedesign.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on our hosting servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Examples of unacceptable material on our servers include:

Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

ClickBridge Design services are provided only for authorized customer use. ClickBridge Design servers may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of ClickBridge Design services constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us via our contact form or email and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

ClickBridge Design reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

ClickBridge Design reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of ClickBridge Design.

4.) Payment Information
You agree to supply appropriate payment for the services received from ClickBridge Design, in advance of the time period during which such services are provided. You agree that until and unless you notify ClickBridge Design of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations of services must be submitted in writing. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your services have been canceled.  If you do not hear back from us within 48 hours, please contact us immediately via phone. We require that cancellations of service are done in writing to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of ClickBridge Design, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time through Paypal. Hosting Services and Update and Maintenance Plans will be immediately terminated if you cancel payments via Paypal.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@clickbridgedesign.com

ClickBridge Design reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Cancellations and Refunds
ClickBridge Design reserves the right to cancel the hosting account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel services at any time via Paypal, submitting a support ticket, or by email.

The following methods of payments are non-refundable, and refunds will be posted as credit to the account:

  • Cash
  • Checks
  • Money Orders
  • Paypal

There are no refunds on Web Hosting, Updates and Maintenance Plans, or Hourly Rates.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service or User Agreement will waive the refund policy.

6a.) Resource Usage

User may not:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

6b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here

7.) Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of ClickBridge Design dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@clickbridgedesign.com with justification. All requests must be made in writing via email.

8.) Price Change
The amount you pay for hosting or maintenance plans will never increase from the date of purchase. We reserve the right to change prices listed on our company websites, and the right to increase the amount of resources given to plans at any time.

9.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold ClickBridge Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ClickBridge Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ClickBridge Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ClickBridge Design; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ClickBridge Design’s server.

10.) Arbitration
By using any ClickBridge Design services, you agree to submit to binding arbitration. If any disputes or claims arise against ClickBridge Design or its subsidiaries, such disputes will be handled by an arbitrator of ClickBridge Design’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

11.) Disclaimer
ClickBridge Design shall not be responsible for any damages your business may suffer. ClickBridge Design makes no warranties of any kind, expressed or implied for services we provide. ClickBridge Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ClickBridge Design and its employees.

12.) Disclosure to law enforcement
ClickBridge Design may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

13.) Changes to the Terms of Services

ClickBridge Design reserves the right to revise its policies at any time without notice.