Terms of Service Agreement
For customers with hosting, website development, or other services provided by Cole eVentures D/B/A Your Store Wizards
Following are terms of services for services hosting and website development services provided by Your Store Wizards (YSW). Any information not provided at sign-up will be requested by YSW and provided by the customer. Use of our hosting products indicates agreement to these terms of service. In reference to services, development, consulting and any other form of services provided, responding to an electronic request for services with an affirmative response serves as an acceptance to our terms of service.
- Services Hosting Payment Terms: Billing for hosting services will commence when the service goes live. Hosting services are invoiced monthly. Payment is due by the services renewal date at which time automatic billing will commence. Services which fail billing authorization after 4 attempts will be terminated. If your account is terminated due to non-payment, re-installation fees may apply. Termination of any hosted services with YSW requires a 30-day advance notification via phone, e-mail or postal mail. YSW reserves the right to change the rates by notifying customers 30 days in advance of the effective date of the change. Cancellation of hosted services are not retroactive nor pro-rated. YSW reserves the right to cancel hosting services at any time.
- Website Hosting Pre-Payment Terms: YSW may offer a discount for paying an entire year of services which require hosting up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.
- Payment Terms Website Development: Custom Website Development: YSW requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at YSW’s discretion. The final balance is due as described in your services agreement. Final payment for the project must be received prior to project launch or relinquishing ownership to customer. Should a development project span more than 30 days, customer will receive progress billing hourly each month, beginning on day 30 of development cycle. Ongoing website maintenance and updates are billed on the same date of each month based on when service began.
- General Payment Terms: Payment is due 4 days after the date of an invoice for all services via electronic payment using credit or debit cards. Accounts are in default if payment is not received 4 days after the invoice date. If you default, you agree to pay YSW its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
- Content Responsibilities: The customer is responsible for all content posted or stored on their eCommerce website. YSW exercises no control over the content or information contained on customer’s websites, this includes content creation. YSW will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. YSW is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the YSW provides or the software used by the customer.
- Service Interruptions: YSW is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
- Governing Laws: YSW corporate office is located Ladera Ranch, California. This agreement will be performed in and governed by the laws of the State of California. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. YSW reserves the right to discontinue service for violation of any of the conditions of this service agreement. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
- Third Party Networks: Any access to other networks connected to YSW must comply with the rules appropriate for that other network.
- Disk Storage and Bandwidth: YSW provides services which require hosting. YSW will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, YSW will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, YSW shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement.
- Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by YSW. Should services or resources fall above the scope of the original proposal, YSW reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due as part of the time and materials quote, billed hourly at YSW’s discretion.
- Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by YSW will result in delay of project, or risk putting the project on hold. YSW may invoice customer for additional resources should the delay of a project interrupt YSW’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
- Website Go Live and Access: A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, YSW may complete these changes at additional cost. Once a project is considered complete, customer has 30 days to launch the website and request updates for items which they feel may need to be changed. After the 30 day period has been reached, all changes requested will fall under YSW’s standard paid support schedule.
- Termination/Cancellation Policy: YSW requires a 30-day notice prior to canceling any hosted service. If service is cancelled early, the final balance on remaining month(s) of service is due.