The majority of our products are intangible items and as such, no refunds are provided for these items. However, some items do come with a full money back guarantee and these items are described as having a full money back guarantee. To obtain a refund for items which include a guarantee, please contact us and a member of our team will make the necessary arrangements.
Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Watkinson Website Development’s credit approval requirements, Watkinson Website Development agrees to provide the web hosting, design and other services described in the Order as well as within the client outline for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Watkinson Website Development generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless Watkinson Website Development or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
(a) Recurring Fees
(b) Address on File
It is the responsibility of the customer to ensure that their contact details are correct and up to date.
(c) Non-Recurring Fees
(e) Price Match & Quality Guarantee
(f) Payment Due and Overdue
It is the customers responsibility to ensure that all payments are presented and cleared prior to the due date detailed within the invoice. While we make every effort to collect payments from our clients business establishments, this is not always possible and only offered as a courtesy service. All accepted payment methods are detailed within the invoice. Failure to provide a cleared payment on or prior to the due date may result in disruption of service as our system will suspend accounts that are overdue as well as late fees detailed in section 3(a).
4. Cancellation, Transfer and Early Termination
Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Watkinson Website Development terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for Watkinson Website Development breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of Thirty One (31) days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to Watkinson Website Development or the Customer will be responsible for full payment of the following term. The cancellation and/or transfer request will be subject to the following guidelines:
Transfers must be requested giving a minimum of Thirty One (31) days notice prior to transfer date. Transfer requests that provide less than Thirty One (31) days notice will incur a 50% express service fee. Transfers may contain a fee to cover the work involved transferring materials, packaging website content and providing our work to another party, which is not included in the setup, monthly or annual costs. The fee depends on the volume of work required and shall not exceed one (1) year recurring fee (standard recurring fee, not any applied discounted recurring fee), plus 50% of the initial setup fee. However, extra services and/or work may have separate fees attached.
Customer agrees to use the service in compliance with applicable law and Watkinson Website Development’s Acceptable Use Policy detailed below (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Watkinson Website Development may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Watkinson Website Development’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Watkinson Website Development’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Watkinson Website Development and Customer regarding the interpretation of the AUP, Watkinson Website Development’s commercially reasonable interpretation of the AUP shall govern.
6. Customer Information
Customer represents and warrants to Watkinson Website Development that the information he, she or it has provided and will provide to Watkinson Website Development for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Watkinson Website Development that he or she is at least 18 years of age. Watkinson Website Development may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless Watkinson Website Development, Watkinson Website Development’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
8. Disclaimer of Warranties
WATKINSON WEBSITE DEVELOPMENT DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW WATKINSON WEBSITE DEVELOPMENT DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
9. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF WATKINSON WEBSITE DEVELOPMENT AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
11. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Watkinson Website Development is not a domain registrar. We are a reseller for godaddy so all Watkinson Website Development customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by GoDaddy. You can only purchase a domain from Watkinson Website Development or transfer a domain to Watkinson Website Development at the time when you are purchasing a website package. You will receive notice from Watkinson Website Development once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of losing your domain. If you choose to cancel your webaite plan with Watkinson Website Development or fail to pay your renewal we will not be renewing your domain past the cancellation date of your website plan. We are not responsible for domains that expire if you no longer have an active website plan.
13. Requests for Customer Information
Customer agrees that Watkinson Website Development may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Watkinson Website Development believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
14. Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Watkinson Website Development notwithstanding any agreement by Watkinson Website Development to provide back up services.
15. Changes to Watkinson Website Development’s Network
Upgrades and other changes in Watkinson Website Development’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Watkinson Website Development reserves the right to change its network in its commercially reasonable discretion, and Watkinson Website Development shall not be liable for any resulting harm to Customer.
Notices to Watkinson Website Development under the Agreement shall be given via electronic mail to the e-mail address of email@example.com or via our online ticketing system at https://watwebdev.com/contact-us/. All notices, including but not limited to support or billing requests, must be submitted from the registered primary or secondary e-mail address on file for the customer account.
Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
17. Force Majeure
Watkinson Website Development shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Watkinson Website Development’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
18. Binding Arbitration
As a Customer of Watkinson Website Development you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by an Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by Watkinson Website Development at the time of the dispute.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Watkinson Website Development unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Watkinson Website Development’s prior written consent. Watkinson Website Development’s approval for assignment is contingent on the assignee meeting Watkinson Website Development’s credit approval criteria. Watkinson Website Development may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
20. Website Content License
In order for us to be able to host content that you own within your website, we require you to agree to the following:
For all content that you publish on your website or submit to us such as text, photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with your website (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. This license is required for us to host the items within your website on our server. We do not use any of your content outside of your website except for backups which are stored privately and are not accessible to the public.
When content is removed by you or us, either via your website control panel or due to cancellation, transfer or termination, it will be deleted from our servers and all other media. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Please read these policies before your purchase
This AUP governs the use of Watkinson Website Development’s services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Watkinson Website Development regarding the interpretation of this AUP, Watkinson Website Development’s interpretation, in its reasonable commercial judgment, shall govern.
If you have any questions regarding this AUP, contact Watkinson Website Development’s legal department at firstname.lastname@example.org
You may not publish or transmit via Watkinson Website Development’s service any content that Watkinson Website Development reasonably believes:
Watkinson Website Development does not tolerate any harassment, malice or abuse towards it’s employees or subsidiaries. Any form of harassment, cursing, threats, or ill will directed towards Watkinson Website Development staff or authorized agents shall not be tolerated.
The Customer agrees to conduct themselves in a professional manner regardless of the method of communication with Watkinson Website Development. Should the Customer be found in violation of this clause Watkinson Website Development reserves the right to suspend or terminate services with or without prior notice and without liability.
Watkinson Website Development Customers may not initiate the following practices. Watkinson Website Development reserves the right to suspend or terminate accounts found in violation of these items with or without prior notice given and without liability.
Watkinson Website Development reserves the right to determine what constitutes resource abuse and take the appropriate action.
Watkinson Website Development does not allow, condone or authorize any forms of Network Abuse including but not limited to Denial of Service attacks, Phishing attempts, port scans, SYN Floods etc.
Watkinson Website Development reserves full right to determine what constitutes Network Abuse and take the appropriate action against the Customer with or without prior notification and without liability.
You may not engage in illegal, abusive, or irresponsible behavior, including but not limited to:
Watkinson Website Development assigns IP addresses to clients (where applicable) based upon the guidelines of ARIN: https://www.arin.net/policy/nrpm.html All IP Address allocations must be justified based upon this policy. Watkinson Website Development reserves the right to request verification at any time for assigned IP addresses at which time under Watkinson Website Development’s discretion IP assignments may be revoked.
Watkinson Website Development does not accept material such as:
Content “published or transmitted” via Watkinson Website Development’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any service provided by Watkinson Website Development.
* Watkinson Website Development can terminate service for any of the above reasons and it’s at Watkinson Website Development sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Any kind of bulk emailing is strictly prohibited. When sending emails from your website, you must ensure that:
These policies apply to messages sent using your Watkinson Website Development service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Watkinson Website Development service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Watkinson Website Development may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your Watkinson Website Development’s services.
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
Watkinson Website Development will terminate the service of Customers with repeated copyright infringements.
If you believe your copyright is being infringed by a person using the Watkinson Website Development network, please send your written notice of copyright infringement to: abuse@ watwebdev.com
Your notice must include the following:
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums
Watkinson Website Development standard policy is to contact The Customer during which a violation of the AUP or TOS has occurred, however, Watkinson Website Development does reserve the right to suspend or terminate an account with or without notice at it’s own discretion. The Customer agrees to maintain up to date primary contact email information with Watkinson Website Development. The violation shall be listed in the Subject of the email sent from our abuse department (email@example.com). The Customer shall be given all appropriate details of the Violation as well as a time frame to correct the issue before action shall be taken. Once the email has been sent to The Customer, Watkinson Website Development will consider that The Customer has been notified. Watkinson Website Development reserves the right to use discretion on the amount of time given for a customer to correct the issue before action is taken.
For example: A violation containing a “Phishing” site is lodged against the customer, the offending files will be immediately disabled and the customer will be given 24 hours to clean and secure the site. If after 24 hours The Customer has not replied confirming they have taken action, further action may be taken such as suspending the individual site and/or suspending the entire VPS or Dedicated Server.
For example: A violation resulting in a “Spam” complaint. We shall investigate the complaint to determine how the spam is being sent. We shall provide a best effort analysis to locate the source of the spam. If for example it is being sent from a script, we shall attempt to disable that script and notify The Customer. If it is being sent from an individual account, if possible, we will attempt to disable password access to that account. We shall then notify the customer giving them 24 hours to investigate the complaint and provide a resolution to the abuse complaint. Should we be unable to isolate and/or disable the source of the “Spam” we may place a SMTP filter against The Customer’s service to prevent additional emails from being sent out until at which time a resolution to the issue is made. If after 24 hours no response has been received from the customer, additional steps may be taken to ensure the “Spam” has been stopped such as system wide SMTP filters, suspension of individual sites, disabling password access to certain accounts, disabling of scripts or as a final step suspension of all services.
For example: A violation resulting from “Resource Abuse”. We shall investigate the resource abuse and provide the Customer with a best effort analysis of the problem causing the resource abuse. At which time the Customer will be given a time frame to make the corrections to their code, scripts, mysql queries or software services running. If the issue is not corrected within the time frame given, Watkinson Website Development will then take further steps to ensure the stability of the network and servers and may take actions including but not limited to disabling plugins, themes, accounts, scripts, services and in reserves the right to issue a full service suspension depending on the severity of the issue based upon Watkinson Website Development’s judgment of the scenario.
None of the above examples are meant to be specific guidelines with regards to how each and every case may be handled. Watkinson Website Development reserves full rights to use it’s judgment and discretion in how each individual case is handled.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Watkinson Website Development network.
Watkinson Website Development is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Watkinson Website Development network.
Inquiries regarding this policy should be directed to Legal dept at firstname.lastname@example.org.