Terms and Conditions of Web Design:
Price Quotes provided to prospective clients will be honored for a period of 30 days. After 30 days, a new price quote will be provided upon request.
ATX Web Design does not require written contracts, nor will ATX Web Design enter into any written contract provided by the client. All of our services are warranted by the terms and conditions outlined on this page.
ATX Web Design requires a 20% deposit before we begin work on any project. During the design process, additional charges may be added if the client requests more work than was originally requested. The remaining project balance is due upon completion of the project. All web design projects that are $500 US or less require full payment up front.
Any payments by check that do not clear will be charged a $35 fee. ATX Web Design retains the right to withhold all graphics and project development, with the exception of content and graphics provided by the client, until the final balance is paid in full.
Web Site Design Credit
ATX Web Design will occasionally add a link to www.atxwebdesign.com on your website in the footer of every page. This signifies that ATX Web Design created your website. If you wish to have this removed from your website, simply let us know and it be removed immediately.
Copyright & Ownership
Any code or graphics created by ATX Web Design prior to acceptance of final payment are the sole property of ATX Web Design and may not be used, sold, redistributed, or altered in any way.
Upon acceptance of your final payment, ATX Web Design transfers all rights and ownership of CUSTOM designs created by ATX Web Design to the client. Open Source code, Software and third party graphics are not transferred to the client and remain under copyright of their respective owners. All rights of ownership of programming written by ATX Web Design is not transferred unless otherwise requested by the client.
If a balance remains unpaid by a client, ATX Web Design reserves the right to resell web sites, unaccepted mockups or other graphics.
ATX Web Design reserves the right to display websites and graphics that have been designed by ATX Web Design on any portion of our website (www.atxwebdesign.com), and in any marketing material to aid as examples of our work.
A request to terminate services must be presented to ATX Web Design in order to qualify for a refund. Otherwise, please follow the refund terms below.
Refund Amounts will be calculated in the following ways:
Refunds will be processed within 30 business days of request by the client, if a refund is warranted based on the terms outlined above.
Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
ATX Web Design will not enter into negotiation if a chargeback is initiated by any person or company. Our Refund policies are clearly stated above.
Project Development & Delivery
ATX Web Design understands the importance of completing projects in a timely manner. ATX will attempt to complete all projects by the date the client has requested as the date of completion. If for any reason ATX cannot complete your project by the requested date of completion, the client has the right to terminate contract and request a refund (see refund clause).
If a client does not respond to all attempts at communication for a duration of at least twenty consecutive days (20) by phone or email during the design, the project will be canceled without prior notice and no refund will be issued. If the project is in the development and testing process, the client will be billed an hourly rate of $75 for work completed.
Web Design services purchased from ATX Web Design are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. ATX Web Design shall not be held liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the provided website, services, and/or goods. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
We do not currently accept project requests from International Customers. This policy is currently under review and may change in the near future. Please contact us or check back at a later date if you are an International Customer interested in our services.
ATX Web Design is proud to be a family owned and operated company. Therefore, we will not accept projects that we find morally questionable, unethical, or distasteful. ATX Web Design has the right to deny service to any individual or company, for any reason, without risk.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive jurisdiction and venue is as governed in the district court of Travis County, Austin Texas.
Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. ATX Web Design reserves the right to change or update these terms at any time without prior notice.
Terms and Conditions of Web Hosting:
ATXWebDesign.com demonstrates its commitment to our customers' privacy by providing this statement. We will do everything in our power to ensure your right to privacy. We are committed to developing long lasting relationships that are built on trust. ATXWebDesign.com will never violate that trust.
ATXWebDesign.com Will Not Sell Your Personal Information
ATXWebDesign.com keeps all your information confidential
Past Due Payments
ATXWebDesign.com reserves the right to temporarily suspend any hosting account that has an unpaid balance that is 30 days past due. All websites and associated email accounts will be temporarily suspended in the case that a payment becomes 30 days past due. Once a payment is made on the past due account, all websites and email accounts will be released from suspension.
While ATXWebDesign.com will provide our clients with reasonable notification, ATXWebDesign.com reserves the right to temporarily suspend any website or email account without notification, if an unpaid balance becomes 30 days past due.
We at ATX Web Design strive to offer the best in the industry for Network and Server uptime. Like all shared hosting companies from time to time we experience downtime.
We Guarantee! that our network will stay up 99.9% of the time.
Server uptime on the other hand is dependent on a variety of issues, ranging from the activity by our clients, traffic to other sites, hardware failure, to issues like hard-drive failure and file corruption. Most issues are resolved in approximately 15 minutes, however on extreme issues it may take more than 15 minutes to resolve the issue. In these extremely rare circumstances the server may require additional time to resolve the issue. This can take several hours and in very rare cases as much as a day to get your server back up and running.
ATXWebDesign.com is dedicated to providing the best web design and web hosting service possible to every one of our clients. We are also dedicated to staying on top of available technology.
While ATXWebDesign.com will provide our clients with reasonable notification, ATXWebDesign.com reserves the right to change its policy at any time to meet the needs of our customers, changing laws and new technology.
Minors. In accordance with Utah law.
Users may not post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor).
You must be 18 years old to establish an account for paid Services, and you represent that you are at least 18 years old by registering for such Services. Parents may obtain an account for the Services for minors, and by doing so, consent to such minor's use of such Services. Parents assume full responsibility and liability associated with a minor's use of any of the Services.
Cookies For Customer Account Management
This is ATXWebDesign.com Usage Policy, which supplements the service agreement of each user of ATXWebDesign.com's services (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using ATXWebDesign.com's services, network, and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. ATXWebDesign.com will revise this Usage Policy from time to time. A Subscriber's use of the Services after revisions to the Usage Policy are posted on ATXWebDesign.com's website at www.ATXWebDesign.com, will constitute such person's acceptance of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. ATXWebDesign.com is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
Spamming, whether or not it overloads the Services or disrupts service to ATXWebDesign.com's Subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. ATXWebDesign.com reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
We do not allow the use of anonymous proxy scripts on our servers. They can be very abusive to the server resources, affecting all users on that server.
Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ATXWebDesign.com is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined by ATXWebDesign.com, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. ATXWebDesign.com will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Engaging in any activity that, in ATXWebDesign.com's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, ATXWebDesign.com's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of ATXWebDesign.com's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with ATXWebDesign.com in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy.
In general, ATXWebDesign.com does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when ATXWebDesign.com becomes aware of any violation of this Usage Policy or its User Agreement, ATXWebDesign.com may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, ATXWebDesign.com may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. ATXWebDesign.com reserves the right to take any such action even though such action may affect other customers of the Subscriber.
ATXWebDesign.com may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect ATXWebDesign.com or others from harm, and/or to ensure the proper operation of the Services. ATXWebDesign.com has no obligation to notify any person, including the Subscriber about whom information is sought, that ATXWebDesign.com has provided the information.
In the event a cancellation is necessary, a pro-rated refund will be issued for the remainder of your service term from the time of cancellation. There is no cancellation fee. If cancellation is within the first 30 days you will be issued a full refund. For customers who registered a new domain name with the account and choose to cancel after three days of service, $10 will be deducted from the refund for the cost of the domain. You will maintain full ownership of the new domain after you have canceled your hosting with us.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, ATXWebDesign.com has adopted a policy that provides for termination of websites hosted by ATXWebDesign.com that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by ATXWebDesign.com or its subsidiaries, and the copyright holder wants ATXWebDesign.com to remove the website or disable the material in question, ATXWebDesign.com will remove the website or disable the material if the copyright holder provides us with all of the following information:
YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. ATX WEB DESIGN HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY ATX WEB DESIGN OR UNITED ONLINE WEB SERVICE'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. ATX WEB DESIGN DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. ATX WEB DESIGN DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. ATX WEB DESIGN DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR ATX WEB DESIGN IN PARTICULAR.
Limitation of ATX Web Design's Liability:
ATX WEB DESIGN SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL ATX WEB DESIGN BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT ATX WEB DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ATX WEB DESIGN SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. ATX WEB DESIGN'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL ATX WEB DESIGN LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO ATX WEB DESIGN FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR ATX WEB DESIGN MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, ATX WEB DESIGN'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of ATX Web Design:
You agree to defend, indemnify and hold ATX Web Design, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of the Rules or use by you or any third party of the Services, except to the extent the foregoing directly result from ATX Web Design's own negligence. ATX Web Design reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for ATX Web Design in that matter.
IF YOU DO NOT AGREE TO THE RULES, YOU MUST DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, REQUEST THAT WE TERMINATE YOUR ACCOUNT.
Changes to the Rules and Services Apply to You. You may review the most current version of the Rules at the Site. ATX Web Design may change the Rules or change the scope of the Services, in whole or in part, at any time at ATX Web Design's sole discretion. Posting of such changed Rules on the Site shall constitute notice of such changes to you, although ATX Web Design may choose additional types of notice. ATX Web Design will use reasonable efforts to provide you with 7 days advance notice of changes to the Rules that materially and adversely impact your use of the Services. Your continued use of the Services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your account as described below.