Website Builder / Content Management System (CMS), Custom Designs, and Website Hosting

Website Builder, Custom Designs, Content Management System (CMS), and Website Hosting

Terms of Service Agreement and Usage Policy

Service Agreement
This Terms of Service ("Agreement") is a legally binding contract between Balddog and you ("customer," "client," "website owner," "subscriber," "you," or "your") that shall govern the purchase and use, in any manner, of the services provided by Balddog. A subscriber constitutes an unconditional acceptance of and agreement to Balddog's Services Agreements. All Customers of Balddog's website services are subject to the terms and conditions contained in this Service Agreement. The User Agreement is a legal contract between Balddog and the User that contains the rights, duties and obligations of Balddog and the User. In Balddog's ongoing commitment to providing superior service for our customers, Balddog has implemented the following policies.

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the State of North Carolina. Balddog shall be the sole judge of what violates these Terms and Usage Policy.

Balddog's Usage Policy
Website Services used by a subscriber constitutes an unconditional acceptance of and agreement to Balddog's Services Agreements. All Customers of Balddog's website services are subject to the terms and conditions contained in this Service Agreement. The User Agreement is a legal contract between Balddog and the User that contains the rights, duties and obligations of Balddog and the User.

Balddog's Usage Policy is designed to protect Balddog, its Users and others from illegal, malicious, damaging and inappropriate behavior by Users of Balddog's services. All users of Balddog's services are subject to the Usage Policy. The Usage Policy lists activities that are prohibited on Balddog's services and business relations, such as hacking, obscenities, slander, threatening behaviors, profanity, illegal activity, harrassment, breech of payment, pornography, and/or spamming.

Engaging in any activity that, in Balddog's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Balddog's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Balddog's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Balddog in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

Proposals are valid for 30 days from the date provided.

Deposit is 50% of the total project cost and is required to begin the project.

Final Payment is the responsibility of the website owner. If payment is not made in full at the time of completed services, the website will be de-activated from service.

Payment is binding at the time an agreement (verbal, text, email, or writing) has been made between the website owner and Balddog to begin services (website design services, website hosting, SEO, and/or website content management system, online store, etc.). It is the website owner's responsiblity to supply appropriate payment for the services received from Balddog, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify Balddog of your desire to cancel any or all services received, those services will be billed on a recurring basis.

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Balddog expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal or services change.

As a client of Balddog, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Balddog of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by Balddog. Balddog provides a 7-day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received.

Balddog is not responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Balddog reserves the right to change the monthly payment amount and any other charges at any time.

Balddog may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees. If an account is terminated, all files will be removed.

Cancellation requests must be done in writing. Balddog reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Subscribers may cancel the account at any time. All subscribers who cancel the accounts after 30 days of the initial payment are not subject to a full refund and all such requests will be denied. If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact. After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from the Balddog servers.

A static version of the website can be provided to the website owner for a flat fee of $75-$100 depending on the number of files. The database records can be exported for an additional fee to be determined by size of tables.

The Balddog content management system is solely owned by Balddog. The website owner has no rights to the Balddog content management system.

Website Hosting is provided for all Balddog websites. Website hosting fees are paid through a monthly PayPal subscription that is activated at the time the website is in production. The recurring hosting fee is billed according to the date the website was first activated. Balddog reserves the right to de-activate the website if monthly hosting fees are not paid in a timely manner. Failure to respond to payment requests within 48 hours may result in the suspension or termination of your services. It is your obligation to ensure that reoccurring fees are paid on their due date.

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Balddog shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Balddog may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

Support is provided for 15 days after the site is in production. One hour of free post-design support and training is provided to answer questions you may have with your website content management system. Changes made to the website after this point will be charged the regular hourly rate of $50-75 per hour.

Services may be refused to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Design Process The deposit of 50% of total invoice is required before the commencement of the project. The customer is responsible for providing the text, logos and requirements for the basic look and feel of the website unless otherwise determined. The customer's quick responsiveness is mandatory at all stages of the project, but particularly during the planning process. Failure to provide all required information within the specified timeframes will result in a delay or cancellation of the project. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of Balddog.

Each website design comes with a certain number of total revisions. As soon as Balddog provides a design and project update, the customer must respond within three business days with all necessary feedback and corrections. If the customer does not respond within the specified timeframe it will be assumed that the suggested design and changes were accepted and approved so the work may progress further towards finalization.

During the project development process, Balddog provides regular design and project updates. While Balddog performs its own testing of the entire website and functionality, the final responsibility lies with the customer to ensure that the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended. It is expected that the customer responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the customer does not respond within seven business days (unless pre-agreed) upon delivery of the website's final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.

For all projects, all requested information must be submitted before starting the project. If the customer fails to submit the required information within 30 days of making the deposit to Balddog, it may be determined that the project is inactive and implementation will not proceed.

Balddog is not liable for any damages that arise from misinformation or misrepresentation under any circumstances.

Account Email is required to setup your account after we have received payment. It is the website owner's responsibility to provide Balddog with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you regarding payments, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Balddog is not responsible for a lapsed registration due to outdated contact information being associated with the domain. Providing false contact information of any kind may result in the termination of your account.

Backups and Data Loss are at the sole risk of the website owner. The Balddog backup service runs once a week, overwrites any of the previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Balddog is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Balddog servers.

Bandwidth and Disk Usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer. Balddog will monitor subscriber's bandwidth and disk usage. Balddog shall have the right to take corrective action if subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement.

Indemnification
You agree to use all Balddog services and facilities at your own risk. Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

Limited Liability
Balddog is not liable for any damages or data loss that arise from the use of this service. Balddog is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data. Under no circumstances shall the customer hold Balddog responsible for any loss of data or inability to properly configure complex scripts or programs. All customers should have dedicated recent data backups in the event data loss or corruption occurs.

Copyright
All the content on the customer's website is the sole responsibility of its respective owner. Balddog is not responsible or liable for any copyright or trademark claims regarding third party logos, trademarks or names used on the website. They are the property and responsibility of the respective owners.