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* This Terms or Sercies Agreement is in conjuction with our global agreement & Client Service Agreement & Responsibilities - Click here
By using our services at a 9th Elevation Company, LLC. for any length of time. And by contracting or requesting from a 9th Elevation Company, LLC. / a Ninth Commerce Group, www.9thelevation.com, or www.ninthcommerce.com either verbally, by email or in writing you accept and agree to the following terms:
General Provisions
Design Customers
We may give you a Design Contract and/or a Description of Work to look over for new designs. This protects you and lets you know what to expect from us. A non-refundable deposit of 1/2 of the total quote is due before a New Project will begin, along with the signed contract. Balance is due 10 days after work is complete ( "Complete" is defined as the website is "live" or "Public" and available for public viewing on the internet).
Maintenance Work or Hosted Site statements are usually emailed the first of the month. New Design invoices will be sent the same way after the site is live. Billing questions must be addressed within 2 days of receiving bill. Otherwise the statement will be accepted and is due. If you desire invoice to be "snail" mailed, please let us know. Normal Maintenance Work is billed starting at 45.00 per hour. All hosting and domain name renewals/ registrations are to be paid annually. Hosting and domain name registration/ renewals are non-refundable, but can be transferred to another hosted site owned by the client, on review.
Maintenance Work
Normally Mondays are set aside for general site maintenance. Work maybe be done on others as time and scheduling allows. Work requested Weekends, Holidays, after hours or on non-maintenance days may be billed at a higher rate or an additional rush fee added.
Materials
Please send all mailed materials with a Self Addressed Stamped Envelope for quick return. If Design Work is stopped due to Designer waiting on additional materials supplied by Client for over 30 days after work has started, Designer reserves the right to bill as completed work. We are not responsible for any lost or damage materials while at our offices or in the snail mail. Materials received after new website design is started can be considered an "edit or update" and charge accordingly
Extra Design Services
Additional services or extensive re-work after client approval may be subject to extra charges and/or a retainer paid. Also Work requested on,
Non-Office Hours, Weekends or Holidays may be billed at a higher rate and separately.
Abandonment/Termination or Project(s)
If Work is stopped due to Designer waiting on additional materials supplied by Client for over 30 days after work has started, Designer reserves the right to bill as completed work. If Client "abandons" or "terminates" a project after starting or paying deposit, the deposit is non-refundable. If client does not proceed with project. Designer will attempt to contact client, but after after 90 days, with no forward progress on project, the project will be placed into a "holding pattern", and a "holding fee" can be applied starting at 65.00. Depending on work done on project, a final invoice for the whole project can be applied. A re-start fee may be imposed if project is later requested to be continued after placed on hold & can have an applied fee starting at 65.00. If either party wishes to "cancel" a project after deposit is received on any project/job, this can be done in writing or via email. If project is canceled, designer reserves the right to bill hourly for time spent researching, designing, meetings, or communication and for any
materials, domain registration(s) and hosting setup.
Copyright
Copyright for any design work ( coding, graphics and intellectual design ) will belong to a 9th Elevation Company, LLC., Design copyright remains with a 9th Elevation Company, LLC., customer can edit or modify content, but cannot change the design of the site. If customer wishes to have full design copyright ownership and rights to re-design or alter original design, customer will be given opportunity to purchase design copyright from a 9th Elevation Company, Inc.. At no time will a 9th Elevation Company, LLC. accept materials that are copyrighted unless a release or license is purchased from the copy right holder. If customer supplies a 9th Elevation Company, LLC. with copyrighted materials, all responsibly shall be held up by the Customer.
We gratefully request that authorship credit in the name of a 9th Elevation Company, LLC., accompaning design work at the bottom of the page(s), in the form of a small image and /or a small text file.
Website Updates and Edits
Mondays are usually set aside for general updates and edits, this is not a hard and fast rule, some edits may be done during the week as time
allows. Updates are to be sent in "Exact Text" meaning that we can copy and paste into your website as is sent to us. Please proof read
and double check for any errors. Any updates that are sent for that week needs to be in our email box before Noon, Pacific Time, updates sent
after this, may put put into the "Update Folder" for the following week. Urgent Updates can be accommodated on other days and should be marked as "Urgent" or "Emergency". Please read our Website, Design and Programming - Hot Shot & Rush fees Policy just in case all updates become "Urgent" or "Emergency"based.
Payment Services
Any Payments that are rejected either by Credit Card or by a returned check will be considered most serious and must be reconciled immediately. Un-reconciled, Refused or late or overdue Payments may result in the site being suspended and removed. Renewals must be paid advance to insure the services remain uninterrupted.
a 9th Elevation Company, LLC. accepts Visa/Master Card & American Express Payments secured by SSl & Authorize (.Net) merchant services. Please contact us if you have any questions! We also accept phone in credit card payments during business hours.
We encourage Customers to use the Client Area to view, print and pay invoices. Passwords will be assigned individually. If you lost your user name and/or password click here
a Ninth Commerce Group Restrictions of Use - Domain and Hosting Services
User understands that the following restrictions are applied to all hosted services:
All sites hosted with a Ninth Commerce Group Internet Services/ a 9th Elevation Company, LLC., must be Family friendly and contain NO Foul Language, Adult Content, Slander, not be illegal in nature, and not participate in Spam.
a Ninth Commerce Group Email Restrictions
- Users may not send an email that is over 50 MB in size.
- Users may not forge message headers to hide the origin of their email.
- Provider may block certain attachment types used in transmitting viruses.
- Provider may run a virus scanner on all mail 7 drop mail containing viruses.
- New email(s) is kept on the server for only 60 days.
- Webmail (Inbox) is kept on the server for only 60 days.
- Webmail (Sent folder) is kept on the server for only 30 days.
- Webmail (Trash folder) is kept on the server for only 7 days.
- A Limit No More than 200 emails per hour, this to be strictly enforced.
a Ninth Commerce Group System - Backups and Data Loss
Your use of the service is at your sole risk. a Ninth Commerce Group - a 9th Elevation Company, LLC is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on a Ninth Commerce Group - a 9th Elevation Company, LLC servers.
a Ninth Commerce Group System Email Account - Backups
We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. If you need regular back-ups please click here to inquire about this professional service.
a Ninth Commerce Group System Web-Site Backups
* Client dedicated or shared server account files, Website Account Back-Up.
If you need regular back-ups please click here to inquire about this professional service.
a Ninth Commerce Group - a 9th Elevation Company, LLC is not expressly responsible for the restoration of data to server, however we will assist you with trying to recover it should you need our assistance. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, the Customer is responsible for data restoration. a Ninth Commerce Group - a 9th Elevation Company, LLC shall not be liable for loss of data under any circumstance.
You must insure that your dedicated or shared server account abides by our term of service at all times. Your dedicated or shared server account must stay compliant with our Terms and Conditions, and Client Responsibilities at all times. YOU should keep a copy of all config files etc. related to your game server(s).
We will not backup your dedicated or shared server account files or any other files under your server install. If you dedicated or shared server account Servers has any issue with data lose it is the client’s responsibility to have backup files unless other agreements supersede this policy.
a Ninth Commerce Group Hosting Accounts are backup for one day only and over-written at 6AM PST every day (we do not perform any Offline Back-up), but we shall not be held responsible to any lost data regardless of the reasoning for data loss or system causes. But will aid the customer in restoring data and files with backup on request. We always highly recommend keeping 2 back-up on removable media of ALL Data and files!
For you the Client: Please login to your dedicated or shared server account via FTP and perform your website back-ups when ever needed. By not backing up your dedicated or shared server account we shall not be held responsible to any lost data regardless of the reasoning for data loss or system causes.
If you need us to execute any Online-Offline data back-ups, please inquire by clicking here
User May Not:
- Post offensive, threatening, or SPAM, when using our services
- Post or transmit viruses or any harmful component to others.
- Transmit anything that is protected by copyright without permission.
- Attempt to violate the security of any computer network on our servers.
- Engage in any illegal activity.
Privacy Policy
a 9th Elevation Company, LLC. will not sell, rent or other wise distribute customer email addresses. But does reserve the right to be able to contact users concerning Server News, Specials, Updates, promotions and Changes.
Failure to Comply With Terms and Conditions
We may deny User access to all or part of the Services without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
We reserve the right to change these rules and guidelines at anytime with out prior notice.
By renting a dedicated or shared server from a Ninth Commerce Group - a 9th Elevation Company, LLC you understand all rules and regulations listed in our Terms of Services and Conditions.
These Terms are subject to change. If you ever have any questions, Please contact your account manager directly!
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