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| Terms of Service |
- TERMS & CONDITIONS: Digital Alias may: (A) revise the terms and conditions of this Agreement; (B) revise its billing rates and account surcharges; and (C) modify the services provided under this agreement at any time. Any such revisions and modifications shall be binding and effective immediately on notification to Client by e-mail or United States mail.
DOMAIN OWNERSHIP: For any and all domain name(s) purchased through Digital Alias, and paid in full, Digital Alias will act as an agent for Client. Client will be listed as the registrant of the domain name(s). If under any circumstances Digital Alias purchases the domain name(s) for Client ahead of time, Digital Alias will be declared the registrant of the domain name(s). Once payment is received in full from Client, the registrant information will be modified to reflect Client ownership. In the event Client discontinues service with Digital Alias, Digital Alias will release the domain name(s) to Client or to whom ever Client chooses upon written request.
Any images created or provided by Digital Alias are property of Digital Alias and may be used at the discretion of Digital Alias Digital Alias also reserves the right to post a discreet hyperlink / media link to Digital Alias’s homepage on Client’s web site.
Digital Alias reserves the right to delete all data, files or other information that is stored in Client's account if Client's account with Digital Alias is terminated, for any reason, by either Digital Alias or Client.
Digital Alias reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation, or anyone whom Digital Alias suspects is acting on behalf of someone whose account has been canceled for a violation. Digital Alias reserves the right to cancel or suspend all other accounts belonging to Client if one of Client’s accounts was involved in a violation.
CLIENT AGREES THAT IF Digital Alias TERMINATES CLIENT’S ACCOUNT AS A RESULT OF CLIENT VIOLATION OF THIS AGREEMENT, CLIENT FORFEIT ANY RIGHTS TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE BEING AGREED TO BY CLIENT AND Digital Alias AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. Client further agrees that Digital Alias is under no obligation to forward any email for an account canceled due to a violation.
- SERVICES: (A) Digital Alias agrees to develop the base Client web site, which includes what is stated in the invoice provided. (B) Digital Alias will also update any content on Client’s web page(s) per request from Client.
- RESPONSIBILITIES: Digital Alias is responsible to maintain web page with updates that are requested by the Client while under contract. Digital Alias is not responsible for monthly payments to Client’s web host and/or Client’s merchant account (regarding sites that are e-commerce ready).
- RATES: Client agrees to pay Digital Alias for base development plus all applicable sales, use and similar taxes.
- PAYMENTS: A nonrefundable deposit,of half the total cost of Client's project, is to be paid in full before any work is started. Invoices will be mailed or delivered to Client when applicable. All invoices are payable upon receipt, without offset; at the address specified on the invoices. Returned checks will be charged a reasonable fee of pecuniary penalty permitted by laws. Any account balance not paid within thirty (30) days of the invoice date, Client agrees to pay reasonable attorney fee and all other cost of collection that may be incurred by Digital Alias to collect any unpaid amounts.
- LIABILITY: Client acknowledges that Digital Alias is not an insurer; that the amounts payable hereunder to Digital Alias by Client is based upon the value of services offered. Accordingly Digital Alias makes no warranty express or implied; that the services it furnishes will avert or prevent occurrences, or the consequences, therefore; which may result in loss, corrupted or stolen images, web pages, documents, etc., due to Internet hacking done to Client’s web site or any Internet hacking done to Client’s web host. In no event shall Digital Alias be liable to the for exemplary, punitive, indirect or consequential damages, even if advised of the possibility of such damages, in any manner arising out of this Agreement.
- CANCELLATION: If any revision to this Agreement is unacceptable to Client after paying a deposit, Client may terminate this Agreement with the understanding that Client will loose all rights to a refund on a down payment and will not be able to keep any files created and/or modified by Digital Alias. Digital Alias reserves the right to suspend or cancel service to a client at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Digital Alias that the customer may be performing activities harmful to Digital Alias or its clients, employees, vendors, business partners, relationships or other users of the Internet.
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