Terms and Conditions
- "DESIGN BY BRIDGE" or "we" means Design by Bridge.
- "Customer" or "you" means the person, firm or company that has requested any Services.
- "Service" or "Services" means any services supplied or to be supplied by DESIGN BY BRIDGE, including but not limited to website design, maintenance or hosting.
- We do not allow adult, warez, illegal MP3 or any other site that breaks any international laws.
- Users must not participate in any form of un-solicited bulk e-mailing or spam.
- We shall not be held liable for any loss or damages caused by the user or misuse, unavailability or removal of services.
- We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions. We reserve the right to amend and update these Terms and Conditions at any time without notice.
- Should your account be closed, all files (including web pages etc.) will be deleted.
This agreement is made by and between Design by Bridge and the Customer:
This agreement is intended to cover any and all Services provided by DESIGN BY BRIDGE and received by the Customer. This agreement contains the entire understanding between DESIGN BY BRIDGE and Customer with respect to the Services described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between DESIGN BY BRIDGE and the Customer. The Customer acknowledges and agrees that its entire right relating to DESIGN BY BRIDGE Services are as set forth in this agreement.
Subject to the terms and conditions of this agreement, DESIGN BY BRIDGE agrees to provide the web design and/or hosting services specified in the Order. Subject to Customer's right to terminate this agreement in accordance to Section 3.2 of this agreement, DESIGN BY BRIDGE may expand or contract the scope of DESIGN BY BRIDGE services by issuing an amended order form to the Customer in advance of such change.
Unless terminated by DESIGN BY BRIDGE or in accordance with Section 3.2 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.
3. Fees and Payment
The Customer agrees to pay DESIGN BY BRIDGE, without limitation, for the Services it uses. DESIGN BY BRIDGE reserves the right to charge the Customer standard hourly rates 1 hour minimum per instance, to cover the resolution of any additions or changes.
Invoices are mailed to the Customers current billing address. Let DESIGN BY BRIDGE know if your address changes. Service Fees must be paid by the due date of the invoice.
Customers are fully responsible for ensuring payment of all amounts due are paid on time independently of receiving invoice or billing notifications from DESIGN BY BRIDGE.
3.2 Cancellation Policy
In order to cancel a Service contract the Customer must notify DESIGN BY BRIDGE via mail, email or phone. A cancellation request must be received at least 10 working days prior to the start of the next billing period. There are no partial refunds or credits for early cancellations on monthly hosting plans. If the Customer pays hosting fees annually, DESIGN BY BRIDGE will credit the Customer for the unused months. Annual domain registration fees will not be refunded.
3.3 Late Payment
Where payment is overdue for 14 calendar days DESIGN BY BRIDGE may suspend the Service without notice. Suspended Services may only be reinstated once the account balance has been paid in full by the Customer. Should payment not be made within a period of 30 calendar days from the original invoice due date the Service will be terminated and neither it nor its data may be recoverable.
Where data from a terminated account is still present within the backup system operated by DESIGN BY BRIDGE the Customer may request the last available backup be made available to them in a form determined by DESIGN BY BRIDGE for an administrative fee of $50. In such a case the Customer agrees to pay the administrative fee before the data is made available.
4. Acceptable Use Policy (AUP)
If unsure about your content then please contact us before placing it on our servers. DESIGN BY BRIDGE reserves the right to determine what constitutes acceptable use.
4.1 Network Abuse
Using DESIGN BY BRIDGE servers in any way that adversely affects other DESIGN BY BRIDGE Customers is strictly prohibited and will result in account termination. This includes but is not limited to:
- Gaining or attempting to gain unauthorized access to servers or services. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, and probing.
- Introducing viruses, Trojan horses, back doors, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
Server resources are defined as data bandwidth, disk space, memory and processor utilization. DESIGN BY BRIDGE maintains a high ratio of resources to customers to allow for the efficient functioning of hosted websites. On rare occasions DESIGN BY BRIDGE may find a customer to be using server resources to such an extent that server performance and resources for other customers may be adversely affected.
DESIGN BY BRIDGE reserves the right to suspend and/or terminate any customer's account for any reason, including but not limited to:
- Inappropriate use of an account.
- Monopolization of resources by one or more scripts either direct or via additional libraries or tools e.g. MySQL
- Applications which consume excessive CPU time, memory or storage space.
This policy is intended to prevent the misuse of our servers and to protect the integrity of our services.
4.3 Illegal Content
Accounts may be terminated that include content or which have links to content that:
- Is unlawful or is considered offensive by the web community. Promotes injury or physical harm against any group or individual.
- Promotes or teaches illegal activities.
- Exploits or depicts children in a negative/sexual way.
- Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, crack utilities, warez and software serial numbers or registration codes.
4.4 Adult Content
Adult Websites, Adult Picture Galleries, Adult File Sharing Services are NOT permitted.
4.5 Responsibility for Content
The customer is solely responsible for the content stored on and served by the hosting services; DESIGN BY BRIDGE takes no responsibility for the content.
5. Temporary Service Suspension
The Customer agrees that it may be necessary for DESIGN BY BRIDGE to temporarily suspend Services for technical reasons or to maintain the network, the equipment or any other facilities, the timing of which will be as determined by DESIGN BY BRIDGE.
6. Emergency Service Suspension
DESIGN BY BRIDGE may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of DESIGN BY BRIDGE Services or network.
We make every effort to ensure the reliability of this process. However, because of technical issues regarding backups on live servers and the possibility of data corruption on backup and restore, DESIGN BY BRIDGE cannot guarantee any data can be fully restored. The Customer will hold DESIGN BY BRIDGE without penalty or liability for any claim resulting from a failed backup and/or restore procedure.
After account termination, for any reason, backups of the data from the terminated account may be retained for the remainder of the backup rotation cycle; however DESIGN BY BRIDGE does not guarantee the retention of the data.
8. Termination of Agreement
If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then DESIGN BY BRIDGE may terminate this agreement at any time and without prior notice.
9. Limitation of Liability
Customer acknowledges and agrees DESIGN BY BRIDGE will not be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement.
Customer will indemnify DESIGN BY BRIDGE from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against DESIGN BY BRIDGE or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.
11. Customer Acknowledgement
Customer acknowledges that DESIGN BY BRIDGE provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's server/network unless such access or interference is caused by the intentional unlawful acts of DESIGN BY BRIDGE.
The customer acknowledges that it accepts all risk of any unauthorized or illegal use of photographs, infringements of copyright, patents, trademarks, trade secrets, or other intellectual property rights of material given to DESIGN BY BRIDGE in order that DESIGN BY BRIDGE may design and build the customers website.
By supplying materials to DESIGN BY BRIDGE you have expressly given Design by Bridge the right to use and store those materials in conjunction with the design and building of your website.
The customer accepts all risk of loss or damage to any materials sent to DESIGN BY BRIDGE in order that DESIGN BY BRIDGE may design and build the customers website, although DESIGN BY BRIDGE will endeavor to return all materials in good condition DESIGN BY BRIDGE cannot guarantee the safe return of any such materials.
The Customer acknowledges that DESIGN BY BRIDGE is providing Services to the Customer on a non-exclusive basis and that DESIGN BY BRIDGE may provide Services of the same or similar nature as the Service to any other party.
If DESIGN BY BRIDGE provides a platform to allow online transactions, then while every effort is made to ensure that the shop conforms to any valid laws, it is the responsibility of the Customer to ensure that all legal and contractual requirements are met.
DESIGN BY BRIDGE does not accept any commercial responsibility for your shop, i.e.
- The Customer alone is responsible for ensuring that all transactions are carried out correctly and in accordance with the law.
- Where applicable it is the Customers responsibility to acquire and accept contracts with Payment Service Providers. It is also the customer's responsibility to conform to any contractual requirements.
- It is the responsibility of the Customer to define their terms of sale and any contracts with their customers.
13. Force Majeure
Whilst every effort will be made to meet your requirements DESIGN BY BRIDGE shall not be liable for any breach of obligation resulting from causes beyond our reasonable control; including, but not limited to, fires, wars, compliance with laws or regulations, delays in transportation, inability to obtain supplies, acts of God, acts of civil or military authority (an 'Event of Force Majeure').
14. Additional Information
From time to time DESIGN BY BRIDGE may send communications via email, or other contact method, that are related to your account e.g. server maintenance notifications or new services, the Customer agrees to accept such communications. We reserve the right to make changes to these terms and conditions at any time. Please check back from time to time to ensure that you are aware of these changes.
Terms and Conditions Agreement
By signing this Agreement, you acknowledge your understanding and acceptance of the aforementioned terms and conditions.
Please sign this page, make a copy for your records, and return the original to Design by Bridge.
Name (Printed): _______________________________________________________________________
Signature: __________________________________________________________ Date: ____________
Design by Bridge:
Name (Printed): _______________________________________________________________________
Signature: __________________________________________________________ Date: _____________