| Terms
and Conditions Agreement
Note that when we use the term
you, we are referring to the retailer, merchant, wholesaler or simply
an individual who has purchased either the Ecommerce/Shopping Cart (Webstore)
Plan or the Website Only Plan.
Your Use of Your Ecommerce
and/or Website Only Plans are Governed by These Terms and Conditions
It is imperative that you review the terms and conditions of use before
you purchase either the Ecommerce/Shopping Cart Plan or the Website Only
Plan. Your use of Websites In 48 Hours.com products and services constitutes
your agreement to follow these rules and to be bound by them. If you do
not agree with any of these Terms and Conditions, please do not purchase
the Website Only and/or Ecommerce/Shopping Cart (Webstore) Plan(s).
Amendments To Terms
and Conditions
Should any amendments be made to the Terms and Conditions, you will be
sent the appropriate documentation. If you do not agree to the amendments,
we would encourage you to contact our customer service department at customerservice@websitesin48hours.com.
Websites In 48 Hours.com will
complete your website within 48 hours based on the following stipulations.
Custom Plans or Platinum Plans will require a week or more to complete.
Please note that all other such as the Platinum Plan carries
a week (7 day) guarantee. Custom plans contain guarantees which will be
provided by the Websitesin48hours.com representatives via a contract or
quote.
a. You have submitted all materials
to us within the required deadline. This includes but is not limited to
your site content (verbiage, website logo, product images, product name
and descriptions, names of Main Categories and Subcategories, as well
as other information and/or special instructions you would like us to
follow while building your site).
Material Submission
Guideline
You will have a total of three chances to turn in your materials. Once
your project meets the requirements for commencement, then you will be
allotted a time slot. Your project will be complete approximately 48 hours
and after your allocated time slot or your monies will be refunded to
you. This is a guarantee.
Free Hosting
Please note that when we use say free hosting, this
means that hosting through the year 2006 is free. Standard hosting prices
will be start January of next year.
Promise
of Completion
You understand and agree that the 48 hour /week/ other guarantee pertains
to the completion of your website only. It takes up to 48 hours for your
Domain Name alone to resolve. What does this mean? Say you have a Domain
Name called mydomain.com. If customers were to go to their computers and
type mydomain.com in their address bar (right after the domain name was
attained), they would see a blank page. This is because the domain name
is not yet resolved.
Creation of Alternate
Domain
You understand and agree that that while waiting for your Domain Name
to resolve, your website will be installed within an alternate directory/IP
address from which you can view your website. Once your Domain Name has
resolved, we will make a transfer of your site under the Domain Name that
you purchased (this will be www.mydomain.com) by this time, customers
will be able to access your website directly from their computers and
can begin purchasing products from you right away.
Failure of Submission
You understand and agree that if you fail to submit materials to us by
the requested time, the commencement of your website’s construction will
be made as soon as we receive the necessary materials 1 hour prior to
when work is scheduled to begin. Please note that failure to submit work
on time will result in your website being allocated the next open available
time slot. As before, you must submit work 1 hour prior to the commencement
of your website. If you fail to submit materials for the third time, then
your project will be cancelled and you will lose your deposit. Monies
will be refunded within 12 to 15 business days. In certain situations
at Websitesin48hours.com/Neu Media Technologies discretions an extension
may be provided to you.
Extensions
If the customer/client does not submit the required materials
in the required timeframe, then the 48 hour, week or any timeframe guarantee
will be effectively terminated. The website will then be placed on a schedule
and completed on a first come/first served basis. First priority will
be provided to a client that does not submit materials within the three
chances can be reinstated by paying a maintenance fee of $150.00 which
allows the website to be completed once the maintenance fee is paid.
Cancellation
You
understand and agree that if a cancellation is made 1 day or 24 hours
after work is begun on your site then you will loose your payment. All
cancellations made before the 1 day or 24 hour deadline will be refunded
in the amount of 50% of your total payment.
Managing Your Store
You understand and agree that once we set up and establish your store,
it is completely up to you to establish your own methods or professional
protocol as well as manage all facets of shipping, returns, exchange,
refund polices, promotional campaigns, etc.
Products Colors, Claims,
Appearance & Other Issues
Retailers are fully responsible for all aspects of their products except
in circumstances that would blatantly prove otherwise (i.e. acts of God,
established fault on the side of the shipper, Etc.). The retailer is fully
responsible for making accurate representations of the product online
both visually and descriptively. Websites In 48 hours.com is to be held
harmless in issues arising from customer claims sprouting from inaccurate
representations of product or product defects.
Online Retailer Store
Inaccuracies, Errors Or Omissions
You understand and agree that Websites In 48 Hours.com is not responsible
for errors in inaccuracies, omissions, product descriptions, pricing and
availability reflected on the website made on behalf of the retailer.
General Disclaimers
Websites in 48 hours.com in no way shape or form claims to represent the
publication There's More to Life Than the 9 to 5: A Simple Approach to
Building a Successful Online Business, as an official book of instruction
or a substitute for professional business advice to the development or
growth on any business whether virtual or brick and mortar. The action
that each retailer takes upon his or her business is his or her sole responsibility
and not the responsibility of Websites in 48 hours.com, subsidiaries or
parent company, Neu Media Technologies, Inc.
Websites In 48 hours.com, Neu
Media Technologies, Inc. and all of its subsidiaries disclaim any and
all warranties, express or implied for any merchandise offered by retailers
who establish their own web or ecommerce sites. This disclaimer does not
apply to any product warranty offered by the manufacturers of items sold
by the retailer.
Websites In 48 Hours.com does
not represent or warrant that websites and ecommerce sites housed on its
servers will operate without interruption or error. Websites in 48 Hours.com
also disclaims any liability as to the accuracy or completeness of product
descriptions or any graphical representations made on retailer websites.
Limitation
Of Liability
Under no circumstances shall Websites In 48 Hours.com or any of their
employees, directors, officers, agents, vendors or suppliers be liable
for any direct or indirect losses or damages arising out of retailer and
customer communications, disputes or other interactions.
Legal Disputes
Websites In 48 Hours.com is not responsible for any legal disputes involving
retailers and customers. Websites In 48 hours.com is held harmless in
disputes (legal or otherwise)
arising as a product of fraud and theft false representations of either
the retailer or customers.
This Limitation of Liability
is comprehensive. It applies to all losses and damages of any kind (whether
general, special, consequential, incidental, exemplary or otherwise, including,
without limitation, loss of data, information, income or profits), whether
in contract negligence or other action, even if an authorized representative
has been advised of the possibility of such action.
At any time, if you are dissatisfied with the Ecommerce (Webstore)/Shopping
Website Plan or the Website Only Plan in part or in whole, your sole and
exclusive remedy is to discontinue using these services. In addition,
you acknowledge, by accepting this Terms Of Agreement, that use of Websites
In 48 hours.com, products and services is done at your own risk.
If any part of this limitation of Liability is found to be invalid or
unenforceable for any reason, then the liability of Websites In 48 Hours.com
shall not exceed ($10.00).
Enforcement Of Terms And Conditions
You use of our Websites In 48 Hours.com, Websites, Ecommerce Sites and
associated services are subject to the above terms and conditions, as
well as all applicable laws, as governed and interpreted pursuant to the
laws of the State Of Florida, United States of America.
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