Universal terms and conditions
We aim to provide the absolute best in customer service and support. To ensure customer satisfaction we've adopted a liberal terms of service that many feel to be in line with the rest of our industry and competition. Sorry for the legal mumbo jumbo, but we feel it's necessary to ensure all parties remain happy! Feel free to check out our FAQs too!
Design A may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, service agreement(s) or documents. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Services. In addition, Design A may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your contact information current. Design A assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
The terms “we”, “us” or “our” shall refer to Design A. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We provide our clients, agencies and strategic partner with unrestricted access to most data in Google Analytics. You will have access to reports in Google Analytics and per Google Partner policies, may request a copy of your Google AdWords/Advertising report at any time. Customers will be able to maintain access to their data, you will be able to keep the history in Google Analytics but we are actively requiring that our work isn't shared between companies. In other words, please don't re-post SEO work or copy Google ad campaigns and share them. Why? Because we put a ton of work into our campaigns, we optimize them more frequently than our competitors and charge less then many of our other competitors do. If services are terminated and you're under our small business Marketing BlastOff!™ or our latest release $300/mo bundled service you have to build new campaigns in new accounts and may not use the Design A marketing campaign; you're in effect licensing the campaign while you're using our services. If you're a premium customer under our standard or premier AdWords management service, campaigns are yours to use even if services have ended, but you may not reproduce or resell the AdWords campaign to other companies in any way. Premier customers are those who have started with us before 1/30/2014. The only exceptions have to be signed and authorized by a manager in the company.
Search Engine Optimization (SEO) and social marketing work is owned by you the client/agency since posts are made on the customers blogs, backlinks go to their website etc... Simply put, SEO page-copy and work may not be re-used, re-produced or re-sold unless you're selling your company and the website goes with it. Website design may also may not be re-used/re-posted, duplicated and/or resold for any reason unless per-approved by management.
All service sales are final and non-refundable. No returns accepted once project commenced, project commences immediately after order. We're a digital agency selling digital products and services that are subject to delay. Delays can be caused by hosting propagation or configuration, public error (ie OpenSSL a.k.a. "heartbleed), your involvement, your lack of involvement, incomplete or missing information, you're unavailable to answer questions, you're unable to attend meetings, you're late for meetings, you no show for meetings, code bugs, code errors.
We warranty programming as received in "working condition". We code HTML/CSS and host web files, all files provided once paid in full (setup fee + monthly fee for 10 months). Google ads, YouTube and SEO are non-refundable. By purchasing any of the services on our website http://www.DesignA.ws you're agreeing to terms of services located here http://www.designa.ws/universal-terms-of-service.html
All early contract/service terminations are subject to a $300 fee, call 480-277-3675 to review your order before purchasing if you have any questions at all. Websites may continue to be used by customers after service agreement expires but remain hosted on Design A servers. Failure to pay a bill will result in immediate suspension of website hosting.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Design A, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Design A IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Design A’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE OR OTHERWISE SOLD OFF-LINE.
You agree to protect, defend, indemnify and hold harmless Design A and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Design A directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the services found at this Site.
This privacy notice discloses the privacy practices for Design A LLC and our website; http://www.designa.ws
This privacy notice applies solely to information collected by this website, except where stated otherwise. It will notify you of the following:
What information we collect;
With whom it is shared;
How it can be corrected;
How it is secured;
How policy changes will be communicated; and
How to address concerns over misuse of personal data.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g., to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number provided on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g. billing or customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Notification of Changes
Whenever material changes are made to the privacy notice specify how you will notify consumers.
Other Provisions as Required by Law
Numerous other provisions and/or practices may be required as a result of laws, international treaties, or industry practices. It is up to you to determine what additional practices must be followed and/or what additional disclosures are required. Please take special notice of the California Online Privacy Protection Act (CalOPPA), which is frequently amended and now includes a disclosure requirement for “Do Not Track” signals.