Phoenix Arizona Web Design - HockeyGurl Designs Links

Terms of Service

1. Acceptance of Terms
By accepting this Terms of Service electronically or in writing, and/or by using HockeyGurl Designs services, including but not limited to, submission of content to HockeyGurl Designs, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions upon signing of Contract. 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. HockeyGurl Designs 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.

2. Description of Service
HockeyGurl Designs designs and develops websites and other website-related services, including, but not limited to, new custom designed websitess, 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.

3. Electronic Delivery Policy
HockeyGurl Designs is a website-related business and communicates with its Clients electronically. When Client accepts this Terms Of Service Client consents to receive electronically from HockeyGurl Designs any notices, agreements, disclosures, or other communications (Notices). Client agrees that HockeyGurl Designs may send electronic Notices in either of the following ways 1) To the email address provided to HockeyGurl Designs at the time of sale or 2) to the new email address account Client set up through HockeyGurl Designs. Client agrees to check the designated email addresses regularly for Notices. Notice from HockeyGurl Designs is effective when sent by HockeyGurl Designs, regardless of whether the Notice is read or received by Client.

4. Website Construction Procedure
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.

5. Client Approval
Client is responsible for testing the functionality of the website upon HockeyGurl Designs’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 HockeyGurl Designs’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”.

6. Website Change Requests Before and After Website Goes Live
HockeyGurl Designs 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 HockeyGurl Designs’s standard hourly rate. HockeyGurl Designs is not obligated to complete Client requests or changes outside of the scope of work on the original contract. If HockeyGurl Designs does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

7. Enhancements to Website
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 HockeyGurl Designs 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.

11. Billing Policy and Disputes
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. HockeyGurl Designs reserves the right to change prices at any time including start-up websites and hourly design fees. HockeyGurl Designs reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed. HockeyGurl Designs charges a $40.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes. If HockeyGurl Designs does not receive payment in full when due, HockeyGurl Designs 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. HockeyGurl Designs 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 HockeyGurl Designs for collecting from Client. HockeyGurl Designs does not agree to, and will not honor, any limiting notations made by a Client on a check.

13. Termination/Cancellation of Services
HockeyGurl Designs, 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 HockeyGurl Designs believes Client has violated the Terms Of Service. HockeyGurl Designs 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 HockeyGurl Designs’s services under any provision of this Terms of Service may be effected without prior notice and that HockeyGurl Designs may deactivate or delete Client’s account and all related information files. Client agrees that HockeyGurl Designs shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. HockeyGurl Designs 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 HockeyGurl Designs. HockeyGurl Designs also reserves the right to discontinue the designing of Client’s website at any time, at HockeyGurl Designs’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by HockeyGurl Designs.

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 HockeyGurl Designs. 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 HockeyGurl Designs 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 HockeyGurl Designs 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:

HockeyGurl Designs, 8443 E San Miguel Avenue, Scottsdale, AZ 85250.

14. Negative Comments/Slander
Client specifically agrees not to engage in negative comments or slander regarding HockeyGurl Designs, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding HockeyGurl Designs 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 HockeyGurl Designs 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, HockeyGurl Designs 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.

15. Affiliated Companies or Name Change
HockeyGurl Designs 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 HockeyGurl Designs or other affiliated companies, or any condition, merger or acquisition of HockeyGurl Designs and shall be automatically assigned to any successor entity of HockeyGurl Designs and shall continue in effect thereafter in accordance with its terms.

16. General Information
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 HockeyGurl Designs. 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 HockeyGurl Designs services or the Terms of Service must be filed within one (1) year 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.

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