Terms of Service

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

Authorization

You are engaging UPSB (Upstart Blog) as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes UPSB access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

Copyright

UPSB (Upstart Blog) does not assume any responsibility or liability for the content of the websites it builds, manages, maintains and/or hosts.

Pricing & payments

All prices appearing on this site are subject to change without notice. Once a client of UPSB, you authorize UPSB to charge the payment method you submitted for all the invoices generated for the services rendered by UPSB. In order to cancel a payment or change payment method, simply contact UPSB.

  • Web Design

A 50% deposit will be required up-front before work will commence on your project (where applicable). This deposit is non-refundable after 5 days or after a project draft has been crafted for your approval (which ever comes first).

If I can’t deliver on a project due to my own reasons or limitations, a refund may be issued (at my discretion).

The remaining 50% of the project total will be required before your website is released and get full ownership.

  • Web Maintenance

As this service is billed per hour, you will be invoiced at the end of each calendar month. Payment is required within 20 days of invoicing.

  • Search Engine Optimisation

Payment terms will be laid out on a per project basis.

Quotes

Quotes are valid for a period of 7 days. If you fail to accept/reject the quote within this time-frame and still require services, the previous quote will become invalid. The latest quote will trump and supersede any old quotes delivered.

Content

Unless previously agreed, all site content including copy (text) and images will be provided by you, the client. If additional images/materials/services/add-ons are required, the client will be responsible for any and all extra costs incurred.

Failure to provide required materials in a timely fashion (7 days from request), will cause delay of the project to be completed and an additional 25% of the project total cost will be applied. 

If the project is nearing completion (i.e. web design/site layout/CMS) but the client fails/refuses to provide the site content to enable the site to go live (within 14 days of the finial request). I reserve the right to terminate the project.

In this case the remaining 50% of the project total will be required in FULL immediately upon termination.

Credits

All websites created by myself will come with a link back to my website (upstartblog.com), which is mandatory. This link will be placed in the footer of the clients website and be as unobtrusive as possible.  You are not authorised to remove this link without my consent or legal penalty will be applied. If you wish to remove the link, This link an additional $350 will be applied. 

Cancelation & refunds

Cancellation of any possible monthly recurring service can occur at anytime after your first 1 month (30 days) of service.

No Refunds are available after your purchased package or service has been started, unless otherwise specified in writing by UPSB.

Domain names & hosting

The client will assume all responsibility for their domain name and hosting. Including registration and payment. I can advise and may suggest a hosting change if I felt it would be beneficial to the client and their website.

Access and/or configuration

Web Design / Maintenance / SEO

The client will provide all the necessary login details required for FTP/Control Panel/Website access in order to perform tasks related to the project. Depending on the project and it’s requirements, alterations may be required to settings/configuration of the server or website files.

After publication

Once your website has been uploaded and tested and cleared, you are responsible for any and all actions performed. This includes but is not limited to: modifications, deletion, downtime.

I will keep a copy of the site (and database if applicable) from the day it goes live. Should something happen or you require a reset back to how the site was when it first went online, I can do so for $150. The client understands that any data added after the site went online will be lost.

Liability

By accepting the terms in this agreement you accept that I am not responsible for:

  • Loss or damage caused by inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error;
  • Loss or damage to artwork/photos supplied.

Refusal of service

UPSB reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

Third party or client page modification

With a WordPress based website, client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and UPSB.

If anyone other than UPSB attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $60/ hour for a one-hour minimum of charge.

Limitation of liability; disclaimer of warranties

Although there are limitations to the guarantees I can provide, your satisfaction is very important to me. Please read and understand our limits of liability before ordering any service.

UPSB does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free.

You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with client.

To the extent not prohibited by law, in no event will UPSB be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if UPSB has been advised of the possibility of such damages.

UPSB does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and UPSB disclaims any liability relating thereto.

Privacy policy

To see how UPSB collects, stores and uses your personal data, see my privacy policy.

Acceptance

Please note that by submitting your payment, you are agreeing to all of the above terms of service as they are written here. UPSB reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Intellectual property rights

All copyrights, trademarks, patents, and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of our company or its licensors. The use of our trademarks, content, and intellectual property is forbidden without the express written consent from the owner of this website.

Acceptable use

  • You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behaviour includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
  • You must not use our website to send unsolicited commercial communications.
  • You must not use the content on our website for any marketing-related purpose without our express written consent.

Restricted access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Revisions

The owner of this website may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid, or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Any questions regarding the UPSB terms of service email me at legal(at)upstartblog(dot)com.