By accepting this Terms of Service electronically or in writing, and/or by using Site Perception services, including but not limited to, submission of content to Site Perception, 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 Terms of Service shall have the same force and effect as if Client had agreed to this Terms of Service in writing. Site Perception provides its services to Client subject to the following Terms Of Service, which may be updated from time to time without notice. Client should periodically review the most current version of the Terms Of Service.
This web site is owned and operated by Site Perception. Unless otherwise specified, all Materials on this web site are the property of Site Perception and are protected by the copyright laws of Australia 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 Site Perception 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 from Site Perception. 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 non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Site Perception ("Feedback") will be deemed, at the time of communication to Site Perception, the property of Site Perception, and Site Perception 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, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.
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.
The linked sites are not under the control of Site Perception and Site Perception is not responsible for the content of any linked site or any link contained in a linked site. Site Perception reserves the right to terminate any link at any time. Site Perception 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. Site Perception 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.
Client agrees to defend, indemnify and hold harmless Site Perception, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Site Perception services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Site Perception or from Client’s breach or violation of the Terms Of Service, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Site Perception, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
Site Perception designs and develops websites and other website-related services, including, but not limited to, new custom designed websites, support, updates, and modification of websites, graphic design, programming, search engine optimization, e-commerce, flash, content management systems (CMS), form mail, and additional website-related services.
Site Perception is a website-related business and communicates with its Clients electronically. When Client accepts this Terms Of Service Client consents to receive electronically from Site Perception any notices, agreements, disclosures, or other communications (Notices). Client agrees that Site Perception may send electronic Notices in either of the following ways 1) To the email address provided to Site Perception at the time of sale or 2) to the new email address account Client set up through Site Perception. Client agrees to check the designated email addresses regularly for Notices. Notice from Site Perception is effective when sent by Site Perception, regardless of whether the Notice is read or received by Client.
Site Perception respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. Site Perception 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 Site Perception 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.
Client content that is sent to Site Perception will remain the intellectual property of the Client. Site Perception 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. Site Perception will attempt to honor requests to return original content; however, Site Perception has no liability and does not guarantee the return of any content to Client.
Site Perception agrees to build a website to specifications quoted per the original contract. Any additions or changes requested outside of the scope of the original contract, either prior to the custom website going live, or after the site has gone live, will be billed at Site Perception’s standard hourly rate. Site Perception is not obligated to complete Client requests or changes outside of the scope of work on the original contract. If Site Perception does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Client must submit content before site construction begins on the custom website. After content is submitted by the Client website design begins.
The design and content layout are completed by the designer and presented to the Client in mockup format for approval. After the Client approves the design, the website will then go into web page development. Once the page has gone through the programming stages and is ready for website functionality the client will be contacted for final testing stages prior to going live.
Client may purchase enhancements to the website at the time of initial contract or anytime thereafter. Enhancements to the website may include, but are not limited to, custom features, flash, e-commerce, logos, galleries, rollovers, design changes, content changes etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request.
Some enhancements such as, but not limited to, flash, custom features, 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 Site Perception will proceed with the development as outlined. Once work has begun on enhancements requested by the client there is No Refund if cancelled. Enhancements or additional services purchased after the initial contract are separate purchases and are in addition to and separate from the original contract. If a client cancels an enhancement the original sale is not cancelled.
Site Perception strives to offer the best customer service available. Representatives can be reached Monday thru Saturday via our contact email address to help answer your questions and provide you with website support.
Client acknowledges that Site Perception is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions of their own website data.
Site Perception offers hosting services of its own also utilizing hosting services such as GoDaddy, Bluehost and other services to help its Client’s find affordable/reliable web hosting solutions. Site Perception is not responsible for maintaining hosting accounts.
Deposit of 1/2 the contract amount is due upon signing. Final payment of 1/2 of contract amount is due before website goes live. Site Perception reserves the right to change prices at any time including start-up websites and hourly design fees. Site Perception reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
Site Perception charges a $40.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes. If Site Perception does not receive payment in full when due, Site Perception may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. Site Perception may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to Site Perception for collecting from Client. Site Perception does not agree to, and will not honor, any limiting notations made by a Client on a check.
Site Perception, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Site Perception believes Client has violated the Terms Of Service. Site Perception may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to Site Perception’s services under any provision of this Terms of Service may be effected without prior notice and that Site Perception may deactivate or delete Client’s account and all related information files. Client agrees that Site Perception shall not be liable to Client or any third-party for any termination of services.
Paid accounts that are terminated will not be refunded. Site Perception may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to Site Perception. Site Perception also reserves the right to discontinue the designing of Client’s website at any time, at Site Perception’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Site Perception.
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by Site Perception.
Client agrees to pay all design fees and additional service fees owed from the time of sale until the cancellation effective date. Client must notify Site Perception in writing or via email to terminate the account services and avoid further account charges (if applicable). It is Client’s responsibility to secure confirmation from Site Perception that the request for termination has been received and no further fees will be billed.
There is a $75.00 fee charged for contract cancellation for websites that are live and in the maintenance stage of their contracts.
Requests for cancellation of website services or additional services may be sent to the following address:
Site Perception, 22 Waleco Road, Brockton MA, 02302.
Client acknowledges and agrees that Site Perception services may contain proprietary and confidential information that is protected by intellectual and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Site Perception services.
Client hereby agrees that any information or ideas submitted to Site Perception by any means may be used by Site Perception without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content.Client herby gives permission to Site Perception to use samples or links to Client’s custom website designed by Site Perception for marketing and advertising purposes, including but not limited to, use in Site Perception’s online portfolio.
Site Perception may contract with Contract Service Providers to complete a portion, or the Client’s entire custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Site Perception employee directly for services. All payments for services rendered must be made directly to Site Perception. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s website and do not have access to Client’s personal information including payment information.
CLIENT’S USE OF Site Perception SERVICES IS AT CLIENT’S OWN RISK. Site Perception SERVICES ARE PROVIDED “AS IS”. Site Perception 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. Site Perception DISCLAIMS ANY WARRANTIES REGARDING Site Perception SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Site Perception DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Site Perception SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. Site Perception DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. Site Perception DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH Site Perception SERVICES, OR LINKS PROVIDED BY Site Perception SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY Site Perception OR OBTAINED THROUGH LINKS PROVIDED THROUGH Site Perception SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Site Perception 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.
CLIENT UNDERSTANDS AND AGREES THAT Site Perception, 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 Site Perception 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 Site Perception SERVICES, RELIANCE ON Site Perception SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Site Perception 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 Site Perception 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 Site Perception 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 Site Perception 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 Site Perception 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.
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Site Perception, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against Site Perception in Client’s individual capacity and not as a member of a class.
Client is responsible for testing the functionality of the website upon Site Perception’s request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages and services as determined by the original contract. 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 Site Perception’s 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”.
Client specifically agrees not to engage in negative comments or slander regarding Site Perception, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding Site Perception in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition Site Perception will be entitled to liquidate damages in the amount of $2,500.00 for each publishing or posting. If said breach occurs on an Internet complaint site each hit to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, Site Perception shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief. The prevailing party to that litigation shall be entitled to an award of attorney’s fees.
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by Site Perception to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.
This agreement shall be governed exclusively by the laws of the State of Massachusetts, USA, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of Massachusetts. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Massachusetts, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non convenes or otherwise.
Site Perception may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
Site Perception reserves the right to subcontract services or assign the ongoing servicing of your account or this entire Agreement to another party at its sole discretion. This agreement shall not be affected by any change in the name of Site Perception or other affiliated companies, or any condition, merger or acquisition of Site Perception and shall be automatically assigned to any successor entity of Site Perception and shall continue in effect thereafter in accordance with its terms.
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the Terms of Service). Any modifications to this agreement must be in writing and signed by an authorized officer of Site Perception. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Site Perception services or the Terms of Service must be filed within six (6) months after such claim or cause of action arose or be forever barred. The section titles in the Terms Of Service are for convenience only and have no legal or contractual effect.
Client may contact Site Perception at Kristen@siteperception.com at any time. Client may visit our website at www.SitePerception.com at any time.
Copyright © 2009-2011 - Site Perception | UPDATE: June 26, 2010