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TERMS OF SERVICE @ Site Abilities.com
So...How Does This Work?
These TERMS and CONDITIONS ( TOS ) are an agreement between you ("CUSTOMER, CLIENT, YOU, YOUR, THEIR") and SITEABILITIES.COM ("US, WE, Site Abilities, SiteAbilities.com").
These terms of service MUST be read understood and agreed to by client.
Contact Us Anytime with questions and ideas
- We are one of the easiest firms to work with, but we require excellent communication from our clients.
Once client has determined they wish to proceed and the required deposit has been received by us, we expect the client to respond to our communications within 3 business days. Our business days are Monday through Friday - 11:00am to 9:00PM (Pacific time)
If we have not received a response from the client within 7 calendar days we will assume client has abandoned the project unless a prior arrangement between us and client has been made. If project is abandoned no refund will be issued.
A project shall BE DEFINED AS: any agreement between us and a client to create, alter, edit a website or portion thereof
A project consists of 1 to 2 example websites as deemed necessary by the client. If no changes are requested by the client after initial website example #1, we will proceed in creating the final design.
Before any firm commitment of pricing or the initiation of any sample work for client can begin, client must select and or present and deliver website detail ideas and components.
(components shall BE DEFINED AS: site layout/template theme selection, color scheme, textual content and desired images for use in client's website.)
Once client delivers all ideas and components, we will quote client a firm price based upon client's ideas and components. This is not an estimate. The quoted price is all the client will pay for the final website.
While we do post our prices on our pricing page, the final price will be determined by the complexity of client's ideas and components.
Please note: Any changes or additions not initially agreed upon by us and client will result in additional charges.
Time frame to deliver initial website sample #1 to client varies depending upon the complexity of the website ordered.
Typically this will be 1 to 4 business days. Websites with more complexity could take up to 10 days.
Initial website sample #1 presented to client may not contain all of the client content supplied. Generally the initial website sample #1 will show the requested layout/theme and color scheme but no custom graphics work.
- All sample websites delivered to client shall be in the form of an graphic image ( .GIF, .JPG, .PNG ) We will not deliver the full source code until payment in full has been received by us.
- Once client determines they wish to proceed:
- we require a first deposit of 25% of the final price or $60, whichever is greater, for:
- Small Personalized Static Website
- Simple Checkout System Integrated into a Small Personalized Static Website
- we require a first deposit of 33% of the final price or $75, whichever is greater, for:
- Easy Inventory Online Display
- Stand Alone Shopping Cart
- Stand alone CMS
- we require a first deposit of 33% of the final price or $120, whichever is greater, for:
- eCommerce storefront combined with a content management system
- we require payment in full for:
- Simple Checkout System - templated or non
- eBay Affiliate Portal Creator
- Additional Pages - Small Personalized Static Website
- Photo / Video Galleries
- Vehicle Dealer Inventory Display System ( any one of 3 pricing plans )
- Adult toy, DVD or combination storefronts
Most purchases and deposits can be made using our Purchase | Deposit page, otherwise we will provide you with a private link. We accept credit cards, PayPal with sufficient available funds to cover the deposit and of course cash if you are in the Las Vegas area. We do not accept any other forms of payment.
In addition to the first deposit, client agrees to inform us of all desired modifications to the initial website sample #1. Client shall deliver their desired modification ideas and components within 3 business days.
Once design work has begun either for website sample #2, or the completed website if no revisions are deemed necessary by the client, the deposit is non-refundable.
Website sample #2 is the final sample site created for client.
At this point we require a second deposit, the same amount as deposit #1, or the balance due if $60 or less.
In addition to making the second deposit, client agrees to inform us of the desired modifications, if any, and deliver any necessary components for the final design within 3 business days.
Depending upon the complexity of client's website, we will deliver website sample #2 or the completed website to client within 1 to 4 business days. If we deem we will need more than 4 business days we will notify client as soon as possible. Delays on our part are very rare.
We will notify client immediately upon completion of website. At this point, final payment is due (if there is a remaining balance due) within 2 business days in addition to all of client's hosting FTP logon information so we may upload client's website and complete testing.
Once testing is complete, you will be notified and we will begin training you in proper use.
Once final payment has been received, we will ship to you a CD-ROM, within 3 business days, containing all associated files of your finished project via USPS Priority mail with delivery confirmation.
Webhosting is the responsibility of the client. It is not included with your new website with exception only to Vehicle Dealer's Marketing Website which is fully hosted and supported on our webservers.
We offer very affordable webhosting plans for mainstream and adult content clients. Client is free however to secure their own webhosting.
If client elects to host with another company, client agrees that there are almost an unlimited amount of server configurations available and therefore we cannot warrant that the client's website will function as intended.
While we will work with client and their hosting company to have 100% functionality of client's website, we will not be responsible if this cannot be accomplished.
IMPORTANT: We will not attempt to work with Yahoo hosting or Godaddy hosting. Due to their server configurations, we have experienced too many difficulties.
ADDITIONALLY: Client must read and adhere to their hosting company's terms of service. We will not be responsible if client violates the hosting company's terms of service and has their hosting cancelled by their hosting company.
This is very important if you are hosting an adult content website.
A domain name is the responsibility of the client. Client is encouraged to secure a domain name themselves. We will assist you with any questions regarding domain names.
We recommend Name Cheap
Copyrights and Trademarks
Client unconditionally guarantees that all components including but not limited to text, graphics, photos, designs, trademarks, or other artwork furnished
to us for use in the client's website are owned, or that proper permissions were received by client from the rightful owner to use these components
in client's website. The client further guarantees that Site Abilities will be held harmless and be protected from
and be defended from any claim or lawsuit arising from the use of such components furnished by the client.
Upon completion of the project, we will transfer all rights and ownership of any custom designs to the client. Rights to third party software and graphics or programs are not transferred to the client and remain under copyright of their respective owners.
We do reserve the right to resell custom designed websites that remain unpaid by the original client. In addition, we reserve the right to any unaccepted mock-ups and/or other graphics created by us but not legally used by the client.
We also reserve the right to display websites and graphics that have been designed by us on our website and in any other marketing materials as examples of our work.
You agree to not sell, give away, lease, barter any of your website's components individually. Any type of transfer by client of a website created by Site Abilities must be whole and complete.