Web To Market Corp.
Terms of Service Policy
Web Site Development, Maintenance, Service and Hosting
Liability:
Web To Market Corp. is in no way responsible for down time either resulting from a users actions, or natural fluctuations in internet consistency. Web To Market Corp. will, however, do everything within its power to assure that each and every client site is up as consistently as possible. Web To Market Corp. is in no way responsible for the data on your site. We do keep backups of every site we host but we do not guarantee the usability of our backups. You should always keep a backup of all data.
Agreement:
Web To Market Corp. Developers will use reasonable diligence in the development of the Customer's Web Site and endeavor to deliver to Customer an operational Web Site within a reasonable time period. All communications by developers to clients about when the Web Site will be completed are estimates, and are not required delivery dates.
Developers shall hold all right, title, and interest in and to the Web Site. Specifically, but without limitation, Developer shall hold all right, title, and interest in and to (1) all text, graphics, animation, audio components, and digital components of the Web Site (the "Content"), (2) all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprises the Web Site, (3) all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Web Site or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Developers' right, title, and interest in the Web Site, as described in this paragraph. Notwithstanding the above, Customer shall retain all of its intellectual property rights in any text, images or other components it owns and transmits to Developers for use in the Web Site.
For all of Developers' services under this Agreement, Customer shall compensate Developers, in cash, pursuant to the terms of the agreement between Developers and Customer. In the event Customer fails to make any of the payments by the deadline set forth in the agreement, Developers have the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) pull the Web Site, (3) bring legal action. Developers have the right to remove the web site until payment in full is paid, plus accrued late charges of 1 ½% per month.
Customer and Developers acknowledge and agree that the Specifications and all other documents and information related to the development of the Web Site (the "Confidential Information") will constitute valuable trade secrets of Developers. Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without Developers' prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the "Confidential Information" definition is anything that can be seen by the public on the Web Site when each page of the Web Site is first accessed.
Developers warrant the Web Site will conform to the Specifications. If the Web Site does not conform to the Specifications, Developers shall be responsible to correct the Web Site without unreasonable delay, at Developers sole expense and without charge to Customer, to bring the Web Site into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty, express or implied. Customer acknowledges that Developers do not warrant that the Web Site will work on all platforms. Customer acknowledges that Developers are not responsible for the results obtained by the Customer on the Web Site. Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Developers as set forth in the agreement between Developers and Customer.
Developers are retained as independent contractors. Developers will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax, social security tax, or any other payroll taxes on Developers' behalf. Developers understand that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits, including without limitation worker's compensation or unemployment insurance.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
Developers' may use some of their own photographs for the Web Site. Developers' maintain ownership of the photographs, and only grant Customer a non-exclusive right to use those photographs, and only on the Customer's web site.
Customer has no right to assign, sell, modify or otherwise alter the Web Site, except upon the express written advance approval of Developers, which consent can be withheld for any reason.
Customer warrants that everything it gives Developers to put on the Web Site is legally owned or licensed to Customer. Customer agrees to indemnify and hold Developers harmless from any and all claims brought by any third party relating to any aspect of the Web Site, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney's fees arising out of injury caused by Customer's products/services, material supplied by Customer, copyright infringement, and defective products sold via the Web Site.
Customer grants Developers the right to use the Web Site for promotional purposes and/or to cross-link it with other Web Sites developed by Developers.
Developers have no responsibility for any third party taking all or any part of the Web Site.
Developers have the exclusive rights in making any derivative works of the Web Site.
In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney's fees and costs, including expert witness fees.
Customer agrees that Developers' logos will be placed on the front page and links page of the Web Site. Customer also agrees to put on Developers' copyright notices on the Web Site and the relevant content therein.
Developers are not responsible for any down time, lost files, improper links or any other loss that may occur in the operation of the Web Site.
In the event Developers are unable to continue maintenance of the web site non-exclusive rights to the web site will be granted to Client.
Any domain name registered on Clients behalf will be made in Clients name for both the billing and administrative contacts. The technical contact is generally required to be the hosting ISP. Developer will not register domain names in Developers name.
Refund Policy for Web Site Development
All sales shall be considered final once payment has been received. Web To Market Corp.'s long term success and reputation is dependent on the complete happiness and satisfaction of our clients. Web To Market Corp. will make every effort to resolve any disagreement concerning its services and charges. In the event a satisfactory resolution is not reached between Web To Market Corp. and the client, Web To Market Corp. agrees to participate in binding arbitration under BBB Rules of Arbitration (Binding) if the consumer also agrees, or in non-binding informal dispute settlement (IDS) under the BBB Rules for IDS for unresolved consumer complaints involving Participants products and services.
Refund Policy for Hosting Services
Each of Web To Market Corp's web hosting plans carries a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages.
Setup fees are refundable for the following reasons only: (1) the account order is canceled prior to activation; or (2) the domain name was not available at the InterNIC.
For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if Web To Market Corp. is notified within the first 30 days following activation. No refund is available after the 30th day.
For web hosting contracts longer than 3 months, a refund equal to one-half of the contract amount less any setup fees and overages will be given if Web To Market Corp. is notified prior to the first day of the second half of the contract term. For example, on a 6 month contract Web To Market Corp. must receive the notice of cancellation prior to the first day of the fourth month of the contract. No refunds will be given once the second half of the contract term has begun.
This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc.
All cancellations must be received in writing as per the deadlines indicated via webtomarket.com web site, regular mail and fax notifications are acceptable. Phone requests or regular email will not constitute acceptance of any cancellation.
Refund Policy for Renewals
Renewals of web hosting contracts of 3 months or less will be refunded if Web To Market Corp. is notified within the first 10 days following renewal date. No refunds will be granted for notifications received after this date.
For renewal web hosting contracts longer than 3 months, a refund equal to one-half of the contract amount will be given if Web To Market Corp. is notified prior to the first day of the second half of the contract term. For example, on a 6 month contract Web To Market Corp. must receive the notice of cancellation prior to the first day of the fourth month of the renewal contract. No refunds will be given once the second half of the contract term has begun.
Web To Market Corp. has no affliliation with or any relationship to web2market.com.
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