Terms and Conditions of Service
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.eegraphic.com/ Website (the "Website") operated by EE Web Design LLC a(n) EE Web Design LLC based in Texas ("us", "we", "our") as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms applies to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have our permission to access or use the Website.
EE Web Design LLC offers website design services for businesses and individuals who desire to establish or improve their presence on the World Wide Web; and offer products to be sold online.
Limitation of Liabiliy
EE WEB DESIGN LLC employees or DESIGNER WILL NOT BE LIABLE to Client for any special, indirect, incidental or consequential damages whatsoever whether in contract, tort (including negligence) or strict liability including, but not limited to, loss of use of or under-utilization of labor or facilities, loss of revenue or anticipated profits, or claims from customers, resulting from EE WEB DESIGN LLC or Designer's performance or nonperformance of its obligations under these terms and conditions, or in the event of suspension of the Services. EE WEB DESIGN LLC or Designer's AGGREGATE LIABILITY TO CLIENT UNDER THESE TERMS AND CONDITIONS for any and all claims SHALL NOT EXCEED THE TOTAL AMOUNT OF THE FEES ACTUALLY PAID BY CLIENT AND RECEIVED BY ee web desgin llc.
SOME STATES AND JURISDICITONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CLIENT. THE FOREGOING PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Client represents and warrants to EE Web Design LLC that Client is the legal owner of the Site, and has the right to grant Designer access to all web pages necessary to perform the Services, and owns all materials of any kind provided to EE Web Design LLC for use under this Agreement and that Client has full right, title and interest to such Site and materials. Client represents and warrants that the Site and any materials provided to Designer shall be free of any claim of trade secret, trademark, trade name, copyright, or patent infringement or other violations of any intellectual property rights of any person.
Client shall defend, indemnify and hold harmless, EE Web Design LLC, its officers, agents, employees, successors and assigns from and against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs, including but not limited to reasonable attorney’s fees and expenses, arising out of any and all claims arising out of or related to the Services performed or to be performed under these Terms andf Conditions including, but not limited to, claims that EE Web Design LLC, Designer or Employees access or use of the Site or materials provided by Client infringes upon any trade secret, trademark, trade name, copyright, patent, or other intellectual property right.
Terms and Conditions
In order to perform the Services, EE Web Design LLC, Designer or Employees require access and write permission to Clients website (hereinafter referred to as the “Site”). Client grants EE Web Design LLC the right to access and write for Client’s Site directory and all other directories as necessary to perform the Services.
EE Web Design LLC is, and will perform the Services as, an independent contractor for Client. Neither Party shall enter into any contracts, agreements or other obligations with any other parties which bind, or are intended to bind, the other Party. EE Web Design LLC and Client shall each maintain sole and exclusive control over its respective personnel and operation.
EE Web Design LLC does not make any other guarantee as to the results of our products or Designer’s Services. EE Web Design LLC, Designer or Employees do not guarantee that any particular outcome will occur as a result of the Services, that an increase in Client’s customers will occur, or that the pages will operate uninterrupted or error free. EE Web Design LLC, Designer or Employees do not guarantee that Client’s exposure on the internet will be increased. OTHER THAN EXPRESSLY PROVIDED HEREIN, EE WEB DESIGN LLC MAKES NO OTHER WARRANTY WITH RESPECT TO THE SERVICES TO BE PERFORMED UNDER THESE TERMS AND CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CLIENT. THE FOREGOING PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Severability: If any section, provision or portion of terms of service is held to be invalid, illegal or void by a court of proper jurisdiction, the remainder of the terms and conditions shall subsist and continue in full force and effect.
Assignment: Neither the terms and conditions nor any interest under it shall be assigned without the prior written consent of an authorized acting member of EE Web Design LLC.
Governing Law and Jurisdiction: These Terms and Conditions shall be interpreted, governed and construed under the laws of the State of Texas, United States of America, as if executed and to be performed wholly within the State of Texas, United States of America. Any claim under these Terms and Conditions shall be brought before a court of competent jurisdiction in Dallas County, in the State of Texas, in the United States of America.
Waivers: Any waiver by either Party of any violation of, breach of or default under any provision of the Terms and Conditions by the other Party shall not be effective unless stated specifically in writing and shall not be construed as, or constitute, a continuing waiver of such provisions, or waiver of any other violation of, breach of or default under any other provision of the Terms and Conditions.
Section Headings: Section headings appearing in the Terms and Conditions are for convenience only and shall not be construed as interpretations of text.
Notices: Any legal notice pertaining to the Terms and Conditions shall be in writing and sent by email, personal delivery, facsimile, or registered or certified mail, postage prepaid, to EE Web Desgin LLC or to Client, as appropriate, at their respective addresses appearing below: In the case of Designer or EE Web Design LLC. E-mail: email@example.com Attention: Christopher Enderby Address: PO BOX 7302. Midland, TX. 79708 Phone: 432-242-7060
Any notice delivered by mail shall be deemed given when received. The date of receipt of any notice by facsimile shall be the date upon which the transmitter of the facsimile receives confirmation of the facsimile transmission.
Third Parties: Nothing expressed or implied in the Terms and Conditions are intended, or shall be construed, to confer upon or give any person or entity any rights or remedies under, or by reason of, these Terms and Conditions, except as specifically provided for within the Terms and Conditions.
Entire Terms and Conditions: The Terms and Conditions contain the entire understanding between the parties and merges and supersedes all prior representations and discussions pertaining to these Terms and Conditions. Any changes, exceptions, or different terms and conditions proposed by either Party are hereby rejected unless expressly incorporated in the Terms and Conditions in writing and signed by both parties.
Survival: Notwithstanding completion or termination of the Services, the Terms and Conditions or any portion thereof, the Parties shall continue to be bound by those provisions of the Terms and Conditions which by their nature survive such completion or termination including, but not limited.
Uncontrollable Forces: Neither Party shall be liable for any delay or failure to perform its obligations under the Terms and Conditions due to any cause beyond its reasonable control, such as strike, flood, fire, lightning, epidemic, quarantine restriction, war, Attention Defecate Disorder or ADD, sabotage, act of a public enemy, or earthquake. Uncontrollable forces also shall include the actions of search engines, directories and related parties. The delay or failure in performance excused by this shall only be excused for so long as the causes of such excusable delay or failure subsist. The Parties shall resume the performance of their respective obligations upon cessation of the cause of such excusable delay or failure.
Disputes and Arbitration: Any unresolved disputes shall be referred to Designer’s President, or a designee, and the owner or an officer of Client for resolution. Pending resolution, EE Web Design LLC shall continue to perform the Services, and Client shall continue to make payment for the undisputed items. If no resolution can be reached, the dispute shall be submitted, at EE Web Design LLC or Designer’s sole discretion, to either 1) small claims court or 2) arbitration. Should EE Web Design
LLC or Designer choose to settle a dispute arising out of or in connection with the Terms and Conditions to arbitration, then the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. The arbitration authority shall be a court of competent jurisdiction in the County of Dallas, State of Texas in the United States of America as chosen by Designer. The arbitration award shall be final and binding on both Parties.
Language: The language of these Terms and Conditions are in English as in common use in the United States of America (US English) and any disputes with translations of these Terms and Conditions or its counterparts in other languages shall be settled finally in US English.
Time and Dates: All references to dates and other calendar events shall be in the Gregorian calendar such as in common use in North America. All references to dates and/or times shall further be relative to the principle place of business of the Designer unless otherwise specified.
Unless otherwise provided, all payments shall be non-cancelable and nonrefundable obligations. Payment not received on the terms set forth shall immediately be considered past due and accrue interest at the greater of 1 ½% per month or the highest interest rate allowed by law. All payments made to EE Web Design LLC, Designer or Employees are exclusive of, and Client shall pay and hold 2. Unless otherwise provided, all payments shall be non-cancelable and nonrefundable obligations. Payment not received shall immediately be considered past due and accrue interest at the greater of 1 ½% per month or the highest interest rate allowed by law. All payments made to EE Web Design LLC are exclusive of, and Client shall pay and hold EE Web Design LLC, Designer or Employees harmless from, any local, state, federal or foreign sales, use, value-added, excise, customs, export, import or similar taxes or duties that may be imposed by any jurisdiction (other than taxes on the net income of EE Web Design LLC, Designer or Employees). harmless from, any local, state, federal or foreign sales, use, value-added, excise, customs, export, import or similar taxes or duties that may be imposed by any jurisdiction (other than taxes on the net income of EE Web Design LLC, Designer or Employees).
To effectuate a purchase, you will be asked to supply your credit card number, expiration date, CCV, and billing address.
All payments shall be processed immediately through a third party service. We are not responsible for the retention or safety of your billing information that is collected by the third party service.
You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct complete.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason.
We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is
suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.
In order for EE Web Design LLC, Designer or Employees to fully perform the Services, Client must cooperate with Designer and provide access and information deemed necessary by Designer. The failure of Client to cooperate and provide access and information could have a direct result in the success of Designer’s efforts and timeliness in completing the Services.
No work shall be done on the Site while Designer is performing the Services without Designer’s knowledge and previous written consent. Designer shall not be responsible for delays, costs, or errors that Designer determines are attributable to unauthorized changes to the Site. EE Web Design Studio LLC or Designer can terminate service at any time, without notice, for non-payment or, in Designer’s sole opinion, if Client is not granting the access or information needed by EE Web Design LLC or Designer to fully perform the Services. Upon such termination, Client shall pay to EE Web Design LLC a proportionate amount (as determined by Designer) for all Services performed up to and including the date of cancellation or termination.
This Website works on a subscription model.
Availability, Errors and Inaccuracies
We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.
We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Website, its servers or any email sent from us are free of viruses or other harmful components.
Links to Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
All contents of this Website are ©2018 EE Web Design LLC. All rights reserved. Website, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, " Content ") are the proprietary property of EE Web Design LLC and are either registered trademarks or trademarks of EE Web Design LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.
Right and title to all ideas, trade secrets, business processes, inventions, discoveries, and other intellectual property (collectively referred to as “Inventions”) used or developed by EE Web Design LLC, Designer or Employees in the performance of the Services shall not pass to Client and, that all ideas, trade secrets, business processes, inventions, discoveries, and other intellectual property of EE Web Design LLC known or utilized by Designer prior to the start of the Services shall remain with EE Web Design LLC even if used in the performance of the Services.If you are aware of an infringement of our intellectual property, please let us know by contacting us at firstname.lastname@example.org.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our copyright agent is Christopher. The following is his contact information:firstname.lastname@example.org
PO BOX 7302 Midland, TX. 79708
You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete.. To report that your intellectual property rights have been infringed upon, please email us at email@example.com and include the following information:
- 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- 2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- 3. your address, telephone number, and email address;
- 4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Search Engine Optimization - SEO
All fees are non-refundable.
• All fees, services, documents, recommendations, and reports are confidential.
- • EE Web Design LLC has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- • Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, EE Web Design LLC does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term. However, if EE Web Design LLC fails to maintain agreed upon within written contract rankings under search phrases in contract after four weeks of services, EE Web Design LLC will continue SEO services at no added cost to the Client until such a page rankings met.
- • Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time. This is referred to as the “Google Sandbox.” EE Web Design LLC assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
- • Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, EE Web Design LLC will re-optimize the website/page based on the current policies of the search engine in question.
- • Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. EE Web Design LLC can offer a list of expedited listing services upon request.
- • Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. EE Web Design LLC does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
EE Web Design LLC is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
Additional Services not listed herein (such as managing pay-per click campaigns, copyrighting, link baiting, etc.) will be provided for a fee of $25-$125 per hour.
The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to EE Web Design LLC for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend EE Web Design LLC and its subcontractors from any liability or suit arising from the use of such elements.
EE Web Design LLC is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of $25 per hour. Notwithstanding any other provision of this Agreement, EE Web Design LLC obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting EE Web Design LLC, then EE Web Design LLC obligation to provide SEO services for free shall terminate.
Governing Law, Severability, Dispute Resolution, and Venue
These Terms shall be governed and construed in accordance with the laws of TX, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire Terms and Conditions between us regarding our Website, and supersede and replace any prior Terms and Agreements we might have had between us regarding the Website.
Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in TX.
We reserve the right to amend this policy at any time without any prior notice to you.
If you have any questions about about this Terms and Conditions, please contact us at firstname.lastname@example.org