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Terms of Use
Web Design and Development Terms of Service
This Web Design and Development Terms of Service (the "Agreement"), is between you, the person or entity requesting services ("Client," "you" or "your"), and C4 Internet Concepts, Inc. ("C4"), and is effective upon C4's notice to you that it has accepted your request to enter into this Agreement(the "Effective Date"). C4 may elect to accept or reject your offer to enter into this Agreement for any reason in its sole discretion.
As used herein, the term "Website" refers to any website that you request C4 design and develop for you pursuant to the provisions of this Agreement.
1. SERVICES.
1.1 Website Design.
1.1.1 Description of Service. If C4 accepts your request to enter into this Agreement C4 will provide you with a consultation with appropriate C4 personnel. Based on your consultation along with graphics, text and other materials you may provide to C4, C4 will generate and deliver to you a Statement of Work setting forth, among other things, the design and development plans for the Website(s) (the "Specifications"). C4 will make good faith effort to incorporate your suggestions into the design of the Website, but for the avoidance of doubt, the Specifications may be amended from time-to-time by C4 and the look, feel and design of the Website shall be at C4's sole discretion.
1.1.2 Design, Development and Delivery. C4 will design and develop the Website in accordance with the Specifications. When C4 believes the Website is materially complete in accordance with the Specifications, C4 will make the Website available for your review in a non-public test environment. You will then have ten (10) business days to review and approve the Website. Additional revisions is billed at an hourly rate of $125. Although C4 makes no promise or guarantee to you with respect to the time it needs to complete the Website and deliver it to you, in general a website will be to be materially complete approximately ten (10) business days following the Effective Date. The time from the commencement of work through delivery will vary depending upon the work involved and may be extended as needed by C4, in its sole discretion. In addition, completion and delivery of a Website is contingent upon C4's timely receipt from you of all materials and other information requested by C4. Upon, your approval, the Website will be published or delivered to you, as applicable.
1.1.3 Fees. In consideration for any services provided by C4 hereunder, you agree to pay C4, via a valid credit card, prior to the publication and/ or delivery of the Website as follows:
If the Specifications total less than $300, payment in full is due upon the Effective Date.
If the Specifications total $300 or more, fifty percent (50%) of the total amount is due upon the Effective Date, and the balance is due upon completion of the Website, or within thirty (30) days of Effective Date, whichever occurs first.
Except as provided herein, all fees are non-refundable, in whole or in part, after acceptance, even if your Website is suspended or cancelled by you or by C4.
C4 reserves the right to change prices on future orders without notice or obligation to Client.
1.1.4 Logo Design and Branding
1.1.5 When consulting with one of our designers, it is very important that you provide us with as much information as possible regarding your business and industry. To design the perfect company logo, we rely on you to give us detailed information about what your company does, your company's philosophy, and how you want your current and potential customers to perceive you. We encourage you to take your time when deciding the Design Criteria for your corporate logo.
Once you have placed your logo design order, the Payment Process comes next. Please note that C4 Internet Concepts requires full payment before design work commences. There are several ways in which you can make your payments:
Credit Card: we accept Visa, MasterCard and American Express, PayPal. Once your payment has been processed successfully, you will receive a confirmation by email and our logo designers will immediately begin work on your logo design.
If you choose to have other artwork for your package such as Business Cards, Business Stationery including letterheads and envelopes, Brochures, Postcards, Flash Design or Web Design, the design process for these materials will begin once your logo design has been established.
1.2 Business Monthly Plan.
1.2.1 Plan Description. A Business Monthly Plan includes design and development of the Website (as described in the foregoing section), Website hosting (subject to the separate terms of our Hosting Agreement), and certain maintenance services. You must agree to a minimum term of two years, pay a non-refundable upfront activation fee of $275 and provide a valid credit card for recurring billing of the monthly fee.
1.2.2 Design, Development and Delivery. C4 will design, develop and deliver the Webpage(s) as described in Section 1 of this Agreement.
1.2.3 Fees. In consideration for any Business Monthly Plan services provided by C4,hereunder, you agree to pay C4 the monthly fee associated with the chosen Business Monthly Plan. You hereby authorize, but do not obligate, C4 to automatically charge your credit card and renew the applicable Business Monthly Plan on or before its monthly billing due date using the credit card information you provided to C4, unless you timely notify C4 that you wish to cancel the Business Monthly Plan in accordance with the terms of this Agreement.
1.2.4 Early Termination. Your cancellation of the Business Monthly Plan at any during time during the initial two-year term is subject to a $1,000.00 early termination fee. If such cancellation is requested, you hereby authorize C4 to charge such early termination fee to your credit card. If Client chooses to cancel the then-current Business Monthly Plan in favor of a different Business Monthly Plan, the early termination fee will be waived by C4. C4 must receive notification of cancellation thirty (30) days prior to the monthly billing due date. C4 reserves the right to deny release to the client any files, domain name(s), images or code until the early termination fee has been paid.
1.2.5 Credit Card. You are solely responsible for the credit card information you provide to C4and must promptly inform C4 of any changes thereto (e.g., change of expiration date or account number). If the credit card has expired or is otherwise invalid, you are solely responsible for your failure renew . Failure to make payment within ten (14) days of the monthly billing due date will result in the Website being removed.
2. RIGHT TO REFUSE ORDERS
2.1 C4 has no obligation to design, develop, host, market or advertise any web pages containing any content that in C4's sole judgment is offensive, inappropriate or unlawful, including, without limitation, any "adult content," content promoting violence of any kind, including any intolerance for race, lifestyle, or faith, and/or that constitutes terrorist threats, harassment, hate, defamation, libel, slander or otherwise violates or infringes the rights of any third party, or that is unlawful, deceptive or misleading or promotes the commission of a crime or any unlawful conduct. C4 shall have the right, in its sole discretion, to refuse and/or terminate this Agreement and any related services and may refuse to do business with any person or entity without liability and without explanation.
3. TERMINATION
3.1 Subject to the applicable provisions of Section 1(a) and (b) above, this Agreement will terminate automatically within five (5) business days following either party's written notice of termination to the other.
3.2 Upon any termination of this Agreement, C4 shall have no further obligations to Client, nor any obligation to provide Clients work that had been commenced or completed prior to termination. Without limiting the foregoing, C4 shall have no obligation to deliver to Client any work product or materials upon termination of this Agreement, including, without limitation, any Website or domain name or any copies or portions thereof or rights in connection therewith.
4. OWNERSHIP
4.1 Client Material. Excluding clients enrolled in the business monthly plan, client retains the copyright to web pages, websites, information, data, files, text, graphics, audio, video, trademarks, trade names, service marks and logos provided to C4 by Client in connection with this Agreement (the "Client Content"), and hereby grants C4 a royalty-free, paid-up, worldwide license to use, reproduce, distribute, publicly perform, display, publish, modify and create derivative works of such Client Content in connection with the performance of the services and this Agreement. To the extent you do not own the Client Content you must obtain any permissions and/ or rights necessary or appropriate for C4's use of the Client Content in connection with C4's performance of the services as described in this Agreement.
4.2 C4 Material. Unless otherwise agreed in writing by the parties hereto, all right, title and interest, including any intellectual property rights in and to the Website, the Specifications, the Services, any marketing or promotional data, statistics or materials, and any text, pictures, audio, video, data, layouts, "look and feel," designs, tools, scripts, html, java, animation, graphics or other files, trademarks, service marks, trade names and any modifications or improvements thereto or derivative works thereof designed or provided by C4 to you ("C4 Content") will remain the property of C4. Client may not reproduce or redistribute C4 Content without the express written authorization by C4. To the extent that C4 is hosting the Website C4may remove, replace, modify, or change any of the content it has provided to Client (e.g., license for provided material has expired) in its sole discretion., without notice and without any compensation to you.
4.3 Additional Rights. Client may arrange to purchase (rather than license) certain ownership rights in the C4 Content for an additional fee and subject to the terms and conditions of a separate written agreement to be entered into by the parties hereto.
5. BACKUP OF CONTENT
5.1 C4 hereby grants you a license to make one archival backup copy of the Website. C4 recommends that you make such a copy upon publication and/ or delivery of the Website. Client is solely responsible for making such backup copy.
6. STANDARD MEDIA DELIVERY
6.1 Unless otherwise specified, Client will provide all text for inclusion in the Website in electronic format (e.g., ASCII text files delivered on CD via US mail or via email) and all photographs and other graphics in high quality print suitable for scanning or electronically in .gif, .jpeg or .tiff format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges, if any such services are provided by C4 in its sole discretion. Although a reasonable attempt shall be made by C4 to return to the Client any Client Content, such return cannot be guaranteed.
7. ACCESS ISSUES
7.1 To the extent that C4 hosts your Website, you agree that C4 has the right, in its sole discretion, to suspend or terminate access to or take down or remove any web pages comprising the Website which upon or following posting fail to adhere to the terms of this Agreement, including violation of any representations, warranties, covenants or licenses or any failure to pay fees duly assessed.
8. REPRESENTATIONS AND WARRANTIES
8.1 You hereby represent and warrant to C4 that (a) you own all right title and interest in and to the Client Content, or that you otherwise have the right to use such Client Content and to grant C4 a license to use such Client Content; (b) the Client Content shall not infringe, violate or misappropriate the rights or property of any third party, shall be free of viruses, worms, Trojan horses, spyware and other malicious code, and shall be compliant with all applicable laws
9. INDEMNITY
9.1 You hereby indemnify and hold harmless C4, its employees, subsidiaries and affiliates from any and all claims, losses, damages, liabilities and expenses (including attorneys' fees) related to or arising out of (a) any breach of your warranties and representations hereunder; (b) the Client Content, including, without limitation, any claims of any infringement or, misappropriation of the Client Content; (c) claims that the Client Content and/ or the Web Site violates the rights of any third party, including, without limitation, any intellectual property rights ; (d) any claims made by any third parties (including customers of Client) related to allegations of false advertising or relating to any information, materials, products or services provided by Client through the Website(s).
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10.1 EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW ALL SERVICES PROVIDED BY C4 ARE PROVIDED ON AN "AS IS" AND "AS PROVIDED" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO AVAILABILITY OF THE WEBSITE OR SERVICES, COMPLETENESS, ACCURACY OR TIMELINESS OF INFORMATION, NON-INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY C4.
10.2 NEITHER C4 NOR ITS EMPLOYEES, CONTRACTORS, VENDORS AND/ OR LICENSORS SHALL BE LIABLE FOR ANY LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH ANY ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT OR OUT OF ANY BREACH OF ANY WARRANTY, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF C4 OR ITS EMPLOYEES, CONTRACTORS, VENDORS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING. THE ENTIRE LIABILITY OF C4, ITS EMPLOYEES, CONTRACTORS, VENDORS AND/ OR LICENSORS AND YOUR EXCLUSIVE REMEDY IN CONNECTION WITH ANY SERVICES OR ANY BREACH OF THIS AGREEMENT IS LIMITED TO ANY AMOUNTS ACTUALLY PAID BY YOU TO C4DURING THE TWELVE-MONTH PERIOD PRIOR TO THE CLAIM. YOU HEREBY RELEASE C4AND EACH OF ITS EMPLOYEES, CONTRACTORS, VENDORS AND LICENSORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
10.3 C4 DOES NOT REPRESENT THAT THE SERVICES OR THE WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR, BUG OR VIRUS FREE AND NEITHER C4 NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES AND/OR ANY INTERRUPTION AND OR DELIVERY OF ANY OF THE SERVICES OFFERED BY C4.
10.4 C4 SHALL NOT BE RESPONSIBLE FOR ANY ALTERATIONS, MODIFICATIONS, DELETIONS AND THE LIKE TO THE WEBSITE. IN NO EVENT SHALL C4(OR ITS OWNER, AFFILIATES AND EMPLOYEES) BE LIABLE FOR ANY CLIENT CONTENT OR ANY OTHER WORD OR IMAGE PRODUCED FOR THE CLIENT, OR ASSOCIATED WITH THE CLIENT OR THE CLIENT'S BUSINESS.
10.5 YOU SPECIFICALLY AGREE THAT C4 SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY SERVICE OR WEBSITE PROVIDED BY C4 HEREUNDER. YOU SPECIFICALLY AGREE THAT C4 IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY ON OR THROUGH ANY WEBSITE PROVIDED BY C4 HEREUNDER OR ANY INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANOTHER'S RIGHTS BY A THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT C4 IS NOT RESPONSIBLE FOR ANY CONTENT SENT, PROVIDED OR POSTED BY YOU OR ANY THIRD PARTY.
11. CONFIDENTIALITY.
11.1 Each party may receive or have access to commercially or personally valuable technical and non-technical confidential or proprietary information ("Confidential Information") of the other party. Confidential Information includes all information, whether oral or written, relating to the business of a party that is not generally known or available to others, including, without limitation, source code and documentation for software, trade secrets, customer lists, pricing strategies, marketing and business plans, information concerning a party's vendors, and a party's contemplated plans, strategies and prospects. Each party acknowledges and agrees that any Confidential Information received or obtained from the other party will be the sole and exclusive property of the other party and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law. Notwithstanding the foregoing, the confidentiality obligations set forth herein shall not apply to any portion of any information which: (a) is now in the public domain, or hereafter enters the public domain through no action of the receiving party or any of its representatives; (b) can be shown to have been known to the receiving party or its representatives at the time it is received; (c) is hereafter rightfully furnished to the receiving party by a third party without violation of any restriction on disclosure; or (d) is independently developed by the receiving party without reference to any Confidential Information of the other party.
12. NOTICE
12.1 Any notice, approval, request, authorization, direction or other communication in connection with this Agreement (each, a "Notice") by Client must be made to C4 by mail to: 4779 South Atlanta Road, Suite 150, Smyrna, Georgia 30080 (USA) accompanied with a facsimile to: 678.829.0748. Any Notice to Client by C4 shall be deemed to have been delivered and given for all purposes if sent to the email address provided by Client at time of sign up, on the Specifications or within Client's account with C4.
13. RELATIONSHIP OF THE PARTIES
13.1 The relationship of the parties in connection with this Agreement is that of an independent contractor relationship, and no partnership, joint venture or employee/employer relationship is intended or shall be implied.
14. TAXES
14.1 Client shall be responsible for the prompt payment in the ordinary course of any value added tax (V.A.T.), federal, state, or local tax or any other tax imposed by any governmental entity with taxing authority over the services provided under this Agreement.
15. FORCE MAJEURE
15.1 Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party.
16. GOVERNING LAW
16.1 This Agreement and any other applicable C4 terms of service is the entire agreement of the parties in connection with the subject matter hereof. This Agreement shall be governed by the laws of the State of Georgia without giving effect to principles of conflict of laws thereunder, as if the Agreement was a contract wholly entered into and wholly performed within the State of Georgia. Any action to enforce this Agreement or any matter relating to your use of the Services provided in this Agreement shall be brought exclusively in the Superior Court in Fulton County,Georgia.
17. MISCELLANEOUS
17.1 (a) In the event that any provision of this Agreement or the Client conflicts with the law under which this Agreement is to be construed, or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect. (b) The failure of C4 to insist upon or enforce strict performance by Client, of any provision of this Agreement or the Specifications, or to exercise any right under this Agreement or the Specifications, shall not be construed as a waiver or relinquishment of its right to enforce any such provision or right in any other instance. (c) You may not assign or transfer this Agreement or the Specifications or any rights hereunder without C4's prior written consent, and any attempt to the contrary is void. (d) This Agreement and the Specifications may be executed in counterparts, each of which shall be deemed an original and both of which when taken together shall be deemed to constitute the same instrument. (e) In addition to any other available remedies, the parties hereto shall be entitled to equitable relief, including specific performance and injunctive relief without the requirement that a bond be posted, as remedies for any violation by the other party or any person or entity obtaining access to the Confidential Information through the other party, including its representatives. (f) This Agreement shall be binding on the permitted successors and assigns of both parties. (g) C4 reserves the right to amend or modify this Agreement at any time and from time to time in its sole discretion. C4 agrees to provide Client with prompt notice of any material amendments or modifications, and Client shall have ten (10) days from the date such notice is given to reject such amended or modified Agreement. Client's rejection shall be in writing to C4,
and Client agrees that its sole and exclusive remedy shall be termination of this Agreement, which shall become effective ten (10) days from the date Client's notice of rejection is given to C4. (h) The provisions of Sections 2, 3, 4, 8, 9, 10, 11, 12, 16, and 17 hereof shall survive any termination or expiration of this Agreement.
Website Creator by CM4all Agreement
Website Creator by CM4all Product Terms
1. Website Creator by CM4all is supplied to C4 by a third party supplier.
2. Website Creator by CM4all is available for a monthly fee of $14.95 and an activation fee of $99.
3. C4 provides Website Creator by CM4all 'as-is' and without any warranty of any kind, whether express or implied, including that Website Creator by CM4all will meet your requirements or perform to a certain standard.
4. C4 accepts no liability for any loss or damage caused, directly or indirectly, as a result of your use of Website Creator by CM4all.
5. C4 reserves the right to terminate or change Website Creator by CM4all at any time, with or without notice, in your control panel.
6. If you terminate the C4 web hosting account with which you are utilizing Website Creator by CM4all ,all the content which you have entered into the Website Creator by CM4all interface will be permanently erased. C4 will not be liable for any loss of content for any reason.
7. C4's Standard Terms and Conditions apply (i.e. our Hosting Terms and Conditions) as incorporated into our Registration Agreement
Effective Date: May 1, 2008