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Product Service Agreement
Content Submission: All copy submitted to The Little Web Company for inclusion in the web content must be prepared by the client and web ready at time of submission. Any images sent to TLWC for inclusion in their web projects must be edited prior to submission. All videos submitted must be edited & formatted into web ready format prior to delivery to TLWC. Alternatively, copy, images and or video production/editing services may be contracted to TLWC for an additional cost. All content including but not limited to copy (text), images/graphics, and video submitted for inclusion in the client’s website, must be copyright and royalty free. Content materials: It is solely the clients responsibility to ensure all materials supplied to TLWC for inclusion in the development of the website are either purchased or not copyrighted ( royalty free).
Hosting: All clients who have purchased the FPWD product are bound to a contractual hosting period of no less than 2 years and any clients who use only hosting service through The Little Web Company are also bound to a commitment of no less than 2 years. If a client currently has a domain, and purchases the FPWD product, the client will not receive credit for the value of the domain and will be bound to a hosting period of no less than 3 years.
Domain: Clients who have chosen the Free Professional Web Design Product understand the domain has been registered and purchased by TLWC, and thus remains the property of TLWC for a period of no less than 2 years. At which time may be purchased from TLWC at the monetary value of one year of hosting at time of buy-out.
FPWD Reseller Program: As a client of TLWC, you are may participate in the reseller program which will entitle you to 6 months of free hosting for each referred client that hosts with TLWC.
Free Email Account: Clients are entitled to 5 email accounts with a 15 MB storage limit for each account.
Development Disclaimer: TLWC will make all possible efforts to ensure the client’s website will be live in 7 days however due to possible unforeseen delays or development project back-ups, TLWC reserves the right to delay development of a project.
Development Deposit: TLWC will collect 50% of the annual hosting fee in addition to a set-up fee (Administration) prior to the development of the client’s website. The balance of the hosting fees will be due no later than 2 days after the launch of the website.
Additional Development / Service: Clients clearly understand the FPWD website product will be developed strictly based on the selected theme template. Any further development beyond the purchase and installation of the FPWD package or any site add-ons will be billed to the client at a rate of $60/hour unless other wise specified at a predetermined price.
Hosting Service Termination – Delinquent Payments: Prior to the termination of a client’s website as a result of delinquent payments, TLWC will send a notice to the client by email one month prior to termination followed by a phone call the day before and the day of renewal. A final phone call will be made to notify the client of the termination of service. Notices: All communication with the client including renewal & incident notices will be made with the last known email, phone, mobile or mailing address. It is the clients’ responsibility to notify TLWC of any change in contact details such as email address, address, and cellular/phone numbers by written notice or email.
Content Disclaimer: TLWC reserves the right to monitor and/or remove inappropriate or offensive content from the webspace of the client’s domain. Any further updates of inappropriate or offensive content may result in termination of services.
Confidentiality: This Agreement creates a confidential relationship between TLWC and The client. Information concerning TLWC and/or The client business affairs, vendors, finances, properties, methods of operation, computer programs, employees, documentation, and other such information whether written, oral, or otherwise, is confidential in nature. TLWC, The client and employees of both will adhere fully to this confidentiality agreement.
Governing law: This agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the Province of British Columbia.
Entire agreement: This agreement represents the full understanding between the parties and there is no other agreement, oral or written, between them, and that this agreement may not be modified without an agreement in writing signed by the party to be charged. This contract is in effect until written notification of termination from either party.
Non-Competition: Both TLWC and The client agree to non-competition regarding their respective customers. Neither company will attempt to take any customers from the other company for any reason whatsoever. Any client information will be kept confidential between the companies and will be used for the sole purpose of performing the contractual services as herein defined in this document.
Advertising space: The client will be provided with advertising space to feature ads from like minded businesses. The client will receive 50% of the advertising revenue generated through click throughs. TLWC also reserves the right to place TLWC specific ads on the site of the clients’ website at TLWC’s discretion.
Refund Policy: If the client wishes to terminate the contract made between TLWC and the client, there will be no refunds available on all prepaid fees. However if the contract is terminated by TLWC, the remaining balance of annual fees will be prorated to determine the unused portion of the annual hosting services and be refunded to the client. However if the contract is terminated due to material deemed inappropriate or offensive by TLWC administration, no refund will be issued to the offending client.
Limitation of Liability: Neither The Little Web Company Ltd., its officers, directors, employees or authorized agents shall be under any liability to the customer nor any other person for direct, indirect or consequential loss or damage (including, but not limited to lost profits or damaged or corrupted data) arising out of or in connection with the use of the service or any delay, failure or interruption of the service or in the use or performance of the software.
