Terms of Service
Minor Content Updates are:
- Small text changes (not changing an entire page of text)
- Adding or modifying a link
- Adding or changing a photo/image
- Adding or modifying a menu item
- Adding or modifying meta data
- Changing page URL's
- Uploading a new advertisement
- Changing out a banner ad
- Modifying a product in a catalog or e-commerce system
- Adding or modifying a calendar event
- Add a Blog
- Add a calendar
- Create a menu
- Add a frontpage slideshow
- Add Google Analytics/Sitemaps
- Add a new page
- New site skin
- Add an online form
- Add your website to Google Business listing
- Add a “Map & Directions” with Google
- Add an online product to catalog
- Add an online shopping cart
- Add an online payment gateway
Website Maintenance Services Terms and Conditions
- Website maintenance services contracts are annual (12 month) agreements. Exception, Simply Security is month to month with no termination fee.
- Monthly Website Maintenance service fees require credit card or paypal for payment. No other forms of payment will be accepted for monthly website maintenance.
- Website maintenance service fees will be charged to the clients credit card on file on the 1st day of every month.
- Website maintenance service fees will be prorated for new clients that sign up in the middle of a given month.
Termination of this agreement by the client:
- Clients may terminate this agreement at any time with 30 days written notice.
- A fee of $150 will be charged to the clients account for terminating this agreement between the 1st month and the 6th month of agreement.
- A fee of $75 will be charged to the clients account for terminating this agreement between the 6th month and the 12th month of agreement.
- After the initial 12 months, the client may terminate this agreement without paying any additional fees with 30 days written notice.
- Camo Duck may terminate this agreement at anytime with written notice to the client.
- An administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges.
- An administrative fee of $50 will be charged for returned checks.
- There are absolutely no refunds for any fees related to website maintenance services.
- When adding new text and/or content to a page the client is responsible for providing all content in digital format.
- Minor updates are limited to 5 incidents per week depending on availability.
- Update turnaround time” is based on standard minor updates. Advanced programming may result in longer turnaround times.
- Urgent and/or Rush updates, modifications, or edits will be completed ASAP. $100.00 per hour will be charged if updates and/or modifications or edits are required to be completed on Saturday or Sunday or outside our normal business hours.
- The determination of what a basic extension update, minor or a non-minor site update is, is at the sole discretion of Camo Duck
- Security updates are released at the discretion of the software developers, we have no control over their time line.
- Any rollover hours are valid for 90 days, maximum of 3 hours.
Camo Duck will make all reasonable effort to keep our site maintenance package customers websites secure, but offers no guarantee that it will not be hacked. We can not foresee every eventuality. While we try our best to avoid your site being hacked, we cannot absolutely guarantee that. Therefore we reject responsibility for any damage that might arise out of any hacking attempt. We also reject any responsibility for damage that is the result of distributed denial of service (DDoS) or other denial of service (DoS) attacks that render your site unavailable. If the site owner declines to subscribe to our site maintenance packages, we take no responsibility for, and disclaim all liability from loss, for the security and backup for that site, the full responsibility of the application of security patches and updates falls on the site owner.
Additional Terms and Conditions
- Full payment is due within 10 days of invoice issue date.
- A 50% deposit is required before we will begin work on any new website.
- Our money back guarantee only applies to a full refund of your deposit if you are not satisfied with our initial draft of your site. Once you acknowledge via email or voice that you accept the look and layout of the site, no refunds will be issued.
- The 3 months free hosting begins on the date your domain is placed on our server.
- We do not offer free hosting on full shopping carts.
- All hosting is paid for in advance of that month.
- Any full or mobile site over 30 days past due for hosting fees will be taken off line. There is $50.00 charge to restore the site live plus hosting fees must be brought up to date before any site will be restored to live. If hosting fees become past due more than twice in any year, annual payment will be required in full before the site will be restored.
Full Shopping Cart Set-up:
- Shopping carts will be set up with up to 10 products added to the cart, any additional products are billed @ $30.00 ea. or at the bulk price negotiated in advance.
- Shopping Carts will be set up with up with a combination of up to 10 categories and/or subcategories in total.
- Multiple payment system integration and or multiple shipping system integration and/or complex setup of shipping, payment or tax methods will incur additional charges. The determination of those charges is at the sole discretion of Camo Duck, and any additional charges will be presented to you in advance for your approval.
- Additional requirements such as adding wholesale systems or wish lists or other features outside of the scope of the "standard setup" will incur additional charges. The determination of what a standard setup is, is at the sole discretion of Camo Duck, and any additional charges will be presented to you in advance for your approval.
- Shopping cart pricing is for installation and does not include the price of cart software (if any). Additional commercial plug-ins or scripts are not included in the installation price.
- Selling downloadable/digital products, memberships or certain classes of hard goods may be considered "high risk" or not be allowed by by your card processing companies acceptable use policy. Some credit card processing companies do not allow the sale of digital goods in some or any formats. It is your responsibility to confirm that the items you are selling are acceptable to your processor, we take no responsibility or accept any liability in relation to the acceptable use policy of your payment processing company. It is your sole responsibility to verify any items you sell in any form (both hard or soft goods) are within their acceptable use policy.
- We do not offer any free hosting on full shopping carts.
Mini Cart Set-up:
- Shopping carts will be set up with up to 3 products added to the cart, any additional products are billed @ $20.00 ea. or at the price negotiated in advance.
- $349.00 is our base price for setting up a mini cart, additional requirements outside of the scope of the "standard setup" will incurr additional charges. The determination of what a standard setup is, is at the sole discretion of Camo Duck, and any additional charges will be presented to you in advance for your approval.
Selling downloadable/digital products, memberships or certain classes of hard goods may be considered "high risk" or not be allowed by by your card processing companies acceptable use policy. Some credit card processing companies do not allow the sale of digital goods in some or any formats. It is your responsibility to confirm that any and all items you are selling are acceptable to your processor, we take no responsibility or accept any liability in relation to the acceptable use policy of your payment processing company. It is your sole responsibility to verify any items you sell in any form (both hard or soft goods) are within their acceptable use policy.
Photo Gallery Set-up:
Photo Gallery - Includes gallery set up with up to 10 total photos optimized and uploaded per gallery, additional photos are billed @ $6.00 ea. or at the bulk price negotiated in advance.
Malware removal pricing starts at $499.00 (per domain). Exceptional situations can cause signifigantly higher cost, you will be advised before charges in addition to anything already quoted. We DO NOT guarantee, 100% malware removal, there are too many factors that can cause re-infection and we offer NO refunds on malware services.
Clearly understand once your site has been compromised, depending on how it was done, it can be next to impossible to fix 100%. That being said, we have had great success at removing malware totally. Be aware that removing malware, but not removing or fixing the access point or weakness that allowed the maware to be placed within your website in the first place will lead to a re-infection.
If you choose to have your hosting with a company other than Camo Duck that is fine with us, however when it comes to hosting you very much get what you pay for. This shows up the most when you need service, if we are required to deal with an outside hosting company when creating your website we will bill you for "excessive" time spent dealing with poor support*.
Example: If we are creating your website at the quoted price of our 5 page package, and we have to contact your hosting company, if what would normally take us a few minutes to resolve takes much more than that, we will bill you at our standard hourly rate as an additional charge.
We try to be as fair and reasonable as possible with this policy and understand some companies are simply slower to respond than others, however some are very poor service providers and something that should take a short time can take many hours to resolve, in those cases we will bill seperatly for our wasted time.
We are not responsable for server and website downtime, email issues, security, backups, or any other issues related to hosting by other companies.
We are the sole determiner of what is "excessive" time.
Once your new site is finished, any time we spend dealing with an outside hosting company is billed at our standard hourly rate.
Camo Duck Hosting:
Standard Website Hosting: is $15.00 per site, per month, this includes - 1 gig of disk space (including email storage) and 5 gigs of bandwidth per month, per site. Includes use of our multiple site licence security softwares.
Email: Setup of up to 2 email addresses per website are included in all our new site packages, email storage quota is part of the disk space allotted in your website hosting package.
Setup of previously existing email addresses onto our mail hosting or on google business apps (or on any other external mail host) and the importation of mail from other servers is not included in new site set up and creation, and is billed at our hourly rate.
We take no responsibility for any email not imported or lost during the process of moving your existing email accounts, we are not responsible for and can not take any responsibility for external mail servers out of our control. Downloading (backing up) of all mail to be imported is the sole responsibility of the client.
Multiple Domain Hosting: We do offer multiple domain hosting packages, please contact us for details.
PCI Compliant Hosting: Our servers are PCI compatible. However, PCI compliance is solely the responsibility of the client and all external scans, certifications and the expense involved in compliance are the responsibility of the client. We can maintain PCI compliance on the server level for your domain any and all work related to PCI compliance falls outside our standard hosting packages and is billed at our hourly rate.
SSL Certificates : All SSL certificate management, creation and installation is billed at our hourly rate, and falls outside the scope of our website package deals.
The determination of what "basic setup" and "excessive" is, relating to the management or creation of any website or software is at the sole discretion of Camo Duck.
Please note that the Camo Duck Web Design provides internet based services – web hosting, email, domain management and additional internet services. Camo Duck Web Design reserves the right to suspend or cancel a customers’ access to any or all services provided when an account has been inappropriately used or otherwise.
We reserve the right to change our Terms and conditions when necessary due to the continual evolving nature of our business. It is your responsibility to ensure that you are up to date with our terms and conditions.
By using any service we provide you agree to be bound by all terms and conditions irrespective of the mode or manner of ordering employed by the User when ordering the services.
The date of this Agreement is the date you order or the date we provide our services. We reserve the right to refuse service to anyone for any reason at any time.
General Terms and conditions applicable to all services follow:
In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us", "our" and "the company" refers to Camo Duck Web Design. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s) or to modify or cancel your service(s) (even if we were not notified of such authorisation), this Agreement covers any such service or actions.
INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all “Required Licenses.” “Required Licenses” means any licenses, consents or approvals required to use software, hardware and other items whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks, images or other materials which are used by you in, or transmitted via, the Services (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, the company reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you and your End Users understand and appreciate the risks inherent to you and your business that come from accessing the Internet; you will not violate any applicable laws and/or regulations in your use of the Services; you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; you will make backup copies of all information in a location independent of ours, and will not use Backup Services as your sole backup; and you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.
We make no warranties, and any implied warranties are expressly disclaimed. the service(s) is provided as-is. your use of the service(s) is at your own risk. We do not make, and hereby disclaim, any and all other express and/or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising from a course of dealing, usage, or trade practice. Without limiting the generality of the foregoing, we do not warrant that the service(s) will meet any or all of your expectations; will operate in all of the combinations which may be selected for use by you; or that the operation of the service(s) will be uninterrupted, error-free or completely secure. No employee or agent is authorized to make any warranty on our behalf.
LIMITATION OF LIABILITY
You agree that, to the maximum extent permitted by applicable law, you will not under any circumstances including, but not limited to, negligence, hold us or our licensors, agents, employees, officers and/or third party vendors liable for any indirect, incidental, special, consequential or punitive damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party. You agree that the foregoing limitations apply whether in an action in contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. in no event will we be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under this tos or under any other agreement or document for an amount greater than the fees actually paid by you to us during the three month period preceding a claim giving rise to such liability.
TERMINATION & CANCELLATION
Either party may terminate services provided by Camo Duck Web Design for any reason with a 30 day notice.
You agree to indemnify, defend and hold harmless us, and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
RESOLUTION OF DISPUTES AND CHOICE OF LAW
Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section.
In the event of a dispute between the parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honored.
This Agreement shall be governed in all respects by the laws of the State of Washington without regard to its conflict of laws provisions, and Client and Host agree that the sole venue and jurisdiction for disputes arising from this Agreement shall be the appropriate state or federal courts located in Whatcom County, Washington, and Client and Host hereby submit to the jurisdiction of such courts.
Any notice to be given by either party to the other will be sent by email. Notices sent to you by email shall be deemed received upon sending.
If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
Your rights and obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
The company reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than ten days from the beginning of the event.
Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.