Terms of Service

GOVERNING LAW

The client and Divinely Designed Web Services submit to the jurisdiction of the courts of the Province of Alberta for their enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Terms of Service Agreement will be enforced or construed according to the laws of the Province of Alberta.

CONFIDENTIALITY

Divinely Designed Web Services acknowledges that he/she may be furnished or may otherwise receive or have access to information which relates to the client’s past, present or future products, vendor lists, creative works, marketing strategies, pending projects and proposals, financial, and other proprietary information which gives the client an opportunity to acquire an advantage over its competitors who do not know or use it. Divinely Designed Web Services agrees to preserve and protect the confidentiality of the Proprietary Information and all physical forms thereof, whether disclosed to Divinely Designed Web Services before this Agreement is signed or afterward. In addition, Divinely Designed Web Services shall not disclose or disseminate the Proprietary Information to any third party and shall not use the Proprietary Information for his or her own benefit or for the benefit of any third party. Without limiting the generality of the foregoing, Divinely Designed Web Services shall be prohibited from discussing the client or the work with a representative of the press or media, either directly or indirectly, without the client’s express prior written approval.

CLIENTS IN SIMILAR INDUSTRY

Divinely Designed Web Services has the rights to work with clients that may have very similar products or services that other Divinely Designed Web Services clients already have. In these cases Divinely Designed Web Services is obligated by its confidentiality rule, stated within these Terms of Service.

DOMAIN NAMES

When searching for a domain, the time availability of that domain is limited. If your requested domain is not available at time of order, please specify other possible domains you wish to have. Note that the price for registering domain names stays the same, only the availability of the name changes.

SCOPE OF WORK CHANGES

Any verbal or written changes made by client to the scope of the work following its initiation by Divinely Designed Web Services are subject to additional charges. Should such changes negate any part of the work already completed at the time of the changes, client accepts responsibility for payment of the completed work and all services related to it, in addition to charges for the change itself.

CANCELLATION OF CONTRACT

Client Cancellation of Contract – At any time, the client may cancel their contract with Divinely Designed Web Services. Upon written or verbal cancellation by the client, Divinely Designed Web Services will be responsible to determine and specifically outline in detail any outstanding payments or expenses due for work that has been completed but that has not been paid for. Divinely Designed Web Services will be responsible to collect all access and details the clients requires to transfer all domains, emails, databases and website information. Once all the information has been collected and the specific details and dollar values are determined, the client at that time will be responsible for these payments / expenses. If the client does not pay for the outstanding payments / expenses, Divinely Designed Web Services may withhold releasing information such as domain, email, database or website information. Divinely Designed Web Services can also charge interest on any outstanding and unpaid invoices at a rate of 2% / month or 24% annually on the outstanding total dollar value.
Divinely Designed Web Services Cancellation of Contract – At any time, Divinely Designed Web Services may cancel their contract with the client. Upon written or verbal cancellation by Divinely Designed Web Services, Divinely Designed Web Services will be responsible to determine and specifically outline in detail any outstanding payments or expenses due for work / services that may be owed to the client or any money owed back to the client for prepaid services. Divinely Designed Web Services will be responsible to collect all access and details the clients requires to transfer all domains, emails, databases and website information. Once all the information has been collected and the specific details, payments / expenses or money owed has been determined, Divinely Designed Web Services will be responsible notify the client of this information. If Divinely Designed Web Services does not pay for the outstanding owing value, the client has the right to take Divinely Designed Web Services to small claims court and adhere to the jurisdiction of the courts of the Province of Alberta for their enforcement of this Agreement or any arbitration award or decision arising from this Agreement. Equally, if the client does not pay for the outstanding payments / expenses, Divinely Designed Web Services may withhold releasing information such as domain, email, database or website information. Divinely Designed Web Services can also charge interest on any outstanding and unpaid invoices at a rate of 2% / month or 24% annually on the outstanding total dollar value.

CREDIT CARD PROCESSING

Divinely Designed Web Services is not a credit card processing business. Please note that our hosting plans do not support credit card transactions. We recommended that the client finds a separate and suitable company that will allow credit card transactions and integrate their shopping cart if required with this separate company. Divinely Designed Web Services may recommend a company but it is the client’s responsibility to review the recommended companies policies and fees that apply as well as setup required accounts. Divinely Designed Web Services is not responsible for processing orders for the client. All client information gathered by the client is the sole responsibility of the client. Divinely Designed Web Services does not keep or store any client’s customer information and will and will not process any client’s customer transactions.

INFORMATION AND GRAPHICS

All information and graphics required for the website will be provided by the client and is ensured by the client that they have complete copyright approval to use the graphics and information. In no way shall Divinely Designed Web Services be liable for any unauthorized use of graphics or information.

QUOTE MODIFICATIONS

Please note that any changes to this quote may vary the quoted prices listed.

ANNUAL RENEWALS

The annual date is effective the day the agreement for service is made. For example, if an agreement is made verbally or via email on Sept 1, 2008 and work is started on that day such as acquiring a domain or setting up hosting, the effective annual renewal will be 1 calendar year after this date on Sept 1, 2009.

VALID QUOTES

All quotes are valid for 30 days.

INVOICE PAYMENT

All invoices are NET 30 days, if total payment is not made, by the specified due date on the invoice, interest will be charged at 2% / month or 24% annually on the outstanding total dollar value. By paying the invoice provided, you also agree to the terms listed in these Terms of Service.

 

The above terms of service are valid after: January 1, 2016