Disclaimer
Please read this carefully and print it out for your records. This user agreement is between you and Western Digital Productions, it applies to the purchase of any services you order. By hiring us and using our services you are agreeing to our terms and services, thus creating a legally binding contract between you and Western Digital Productions.
We guarantee that we will do the best we can to design your website to meet your needs at an affordable price. We will do our best to please you and get your site on the internet in a timely manner. Upon completion of the website, ownership will be turned over to you. All fees are required in full before your account is created and are nonrefundable. Having a website requires a host provider which we occasionally can setup for you for an additional cost (the cost the hosting website charges) and we will choose the host provider we prefer. If the hosting for some reason is down, Western Digital Productions cannot be held liable. We have no control over the host provider, we only set up an account and have no responsibility once set up.
By creating a website for you, we offer no guarantees, implied or otherwise.
It is your responsibility to get information, pictures, etc. to us as soon as possible within 30 days of hiring Western Digital Productions. We will not be held responsible for delays due to lack of information. It is your responsibility to proof read, find errors, test links, etc. before accepting ownership of your completed website. Once full payment for our web design and/or translation services have been made, full ownership and responsibility is transferred to you, the client. We will not be held responsible nor liable for anything after transfer of ownership.
We do not guarantee that your website will thrive, generate traffic and/or make money. It is your responsibility to promote and advertise.
Western Digital Productions is not responsible for any guarantees for products or services offered on a website we design. Any disputes must be handled by involved parties, not Western Digital Productions.
Western Digital Productions is not responsible for server failures, down time or loss of data. Western Digital Productions is not responsible for back up data. We will not be liable for any loss or damages that result in or are alleged to have resulted from: the use of or inability to use the services, or that result from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission, any failure of performance; whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to our records, programs, equipment or services.
Western Digital Productions is not responsible for or any loss of money due to credit card fraud. The shopping cart service and any Buy it Now buttons we use is a free service, not associated in any way with Western Digital Productions.
Western Digital Productions does not guarantee that your website will be viewed correctly on all computers. Older browsers, AOL, WEBTV and Netscape may be viewed differently. We use several browsers but cannot ensure accurate viewing in all existing browsers.
Western Digital Productions has the right to discontinue association with a customer at any given time. We reserve the right to revoke this contract at anytime, due to nonpayment, violation of terms of Western Digital Productions, or any action by you that could reflect on the business or reputation of Western Digital Productions, or any reason we deem necessary. We do not offer our services to any adult sites, illegal activities or graphics that portray illegal activities, and/or illegitimate websites/businesses, and will not be held liable for these items.
This agreement may be terminated by either party by giving the other party 30 days prior written notice. If termination is due to nonpayment (within 2 weeks of due date) a reinstatement fee of $50 will be collected before website will be uploaded again to the server. Western Digital Productions charges $30 for any returned check.
Western Digital Productions is not responsible for any content, graphics, or infringement of copyright due to information, etc. provided by you, the client. All graphics and information provided by you to Western Digital Productions is assumed original and copyrighted by you, the client. It is not the responsibility of Western Digital Productions to verify content, graphics or products provided by you, the client. Therefore Western Digital Productions will not and cannot be held responsible for any disputes as to ownership and/or use of copyright materials.
This user agreement is between you and Western Digital Productions and it applies to the purchase of any services ordered by you, the client. You, the client, agree to defend and hold harmless Western Digital Productions and affiliated companies from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to clients use of the services.
You, the client, agree that Western Digital Productions, under any circumstances, shall not be held responsible or liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by the client, any of its customers, whether in an action, in contract or tort, or strict liability or other legal theory.
Western Digital Productions may amend, modify or update this agreement or the terms of use at any time at our sole discretion, and any and all clients, shall be bound by any such amendment, modification or update. We reserve the right to amend service offerings and add, delete, suspend or modify the terms and conditions of the services at any time including changing our rates for services which will apply to both existing and future clients.
Our Service Agreement must be signed prior to any service. Thank you.