Terms and ConditionsBy purchasing a OneChoice Design Website you confirm that you (the client) agree to adhere by these terms and conditions. These terms and conditions are legally binding and represent an agreement between you (the client) and OneChoice Design LLC (the provider/”OneChoice Design”).
1. OneChoice Design designs, builds, and hosts websites and provides online and telephone support.
2. The client has the right to, title, and interest in a website containing intellectual property owned by the client together with, but not limited to textual content, video and/or audio.
3. The client wants OneChoice Design to host its website and understands that OneChoice Design websites must be hosted on OneChoice Design servers.
4. OneChoice Design websites all come with a Content Management System known as the OneChoice Design CMS, and OneChoice Design design template which the client has access to.
5. OneChoice Design licenses the use of the OneChoice Design CMS software and design templates for the duration of the contract.
6. Ownership of the intellectual property of the OneChoice Design CMS software and design templates is not transferred to the client as part of the purchase of the website.
7. This agreement shall take full force and effect as and from the date of the client’s purchase of the website.
8. OneChoice Design shall supply to the client all services necessary to effectively host the clients’ website and make available for a fee to the client the services of OneChoice Design to provide to the client online support, telephone support for the ongoing administration and maintenance of the clients website hosted by OneChoice Design in circumstances where the client requests such support.
9. This Agreement may change from time to time. In the event that this Agreement changes, OneChoice Design shall advise the client in writing at least 60 days before the changes shall take effect. If the client asserts that any changes to this Agreement show unfair bias against the interests of the client in favor of OneChoice Design, the client agrees to dispute the application of the changes in writing prior to the changes taking effect. In the event of a dispute the client will either be provided with a written exemption from the specific changes within this Agreement that the client asserts to be unfair, or if this is not possible the client may at its option terminate this Agreement by giving 30 days’ notice to OneChoice Design whereupon OneChoice Design shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the client on or before the date of the termination of this Agreement.
10. Notwithstanding anything contained in the acceptable use policy of OneChoice Design as set out in this Agreement the client warrants to OneChoice Design that it is the lawful owner of or has permission from the lawful owner to publish all intellectual property published on its website that it has requested OneChoice Design to host. In the event that the client, in allowing OneChoice Design to host its website breaches any law of but not limited to any State in the United States of America, OneChoice Design may terminate this Agreement without prejudice to the rights of OneChoice Design to seek one or all of compensation damages indemnities relating to liability incurred as a result of the client’s aforementioned breaches.
OneChoice Design may terminate the Agreement without notice to the client in the event OneChoice Design becomes aware of any of the following:
-Content on the client’s website (including content generated by users of the client’s website) that does not comply with the acceptable use policy of OneChoice Design as set out above;
-Notwithstanding the terms of acceptable use policy of OneChoice Design any matters that is either offensive and/or obscene, seditious, blasphemous, defamatory or inappropriate in the opinion of OneChoice Design;
-The client warrants to OneChoice Design that it shall not by its conduct frustrate OneChoice Design from hosting its website or withhold the necessary support to OneChoice Design for the effective hosting of the website. OneChoice Design shall not be liable for any interruption to the provision of the client or the hosting services where an interruption is beyond the control of OneChoice Design including but not limited to force majeure.
-OneChoice Design warrants to the client that 99.9% of the time in any given month the client’s website will work when accessed from a browser with unrestricted access to the internet. In this Service Level Agreement the expression “availability” shall have the meaning of availability to users of the internet unaffected by local or network limitation. In the event that the website is available in any given calendar month for a period of time less than 99.9% OneChoice Design shall give to the client a rebate of their monthly fees to be calculated on a pro rata basis for the time that the website was offline in that given calendar month. OneChoice Design shall not be liable for any losses in circumstances where the client’s site is offline at any point reflecting a monetary sum beyond the sum required paid for hosting in that given calendar month.
-In the event OneChoice Design terminates this Agreement as a result of any breach of this Agreement by the client and withdraws its hosting services from the client whereby the client’s web page is no longer hosted on the internet, OneChoice Design will not be liable for any loss or damage arising from the withdrawal of the hosting services from the client.
-Should any breach be resolved and the client desirous of reactivation of services, OneChoice Design will charge a reactivation fee of no less than $299 (plus tax where applicable) to cover OneChoice Design’s reasonable costs incurred as a result of the breach, to be paid in full before reactivation.
-Should a site be deactivated for a period in excess of 6 month for any reason, the purchase of new license would need to be purchased at a cost of $1495.
-OneChoice Design will advise the client of any foreseeable interruption to the hosting service, and provide up-to-date network status and service availability information at www.onechoicedesign.com.
FEES AND EXPENSESIn this Agreement OneChoice Design shall provide services to the client for fees as advertised within the OneChoice Design website at www.onechoicedesign.com
1. OneChoice Design shall provide up to a maximum of 50GB data transit per calendar month. Any additional data transit required shall be supplied and charged at $10 per Gb.
2. OneChoice Design shall provide an ongoing support allocation inclusive in its regular ongoing costs with limits as defined. Any support incidents raised beyond the terms will be charged at a rate of $85 per hour including tax where applicable. OneChoice Design will waive charges for support at its discretion. The client will not be charged for any support incidents determined by OneChoice Design to be attributable to a problem with the underlying software or an error on the part of OneChoice Design.METHOD OF PAYMENT
The client warrants to OneChoice Design and agrees to:-
1. Execute all documentation necessary to allow OneChoice Design to directly debit from the client’s credit card monthly charges for all and any products and/or work undertaken by OneChoice Design for the client.
2. Ensure that the client’s credit card will have on the first of each calendar month funds sufficient to make a payment to OneChoice Design to fully discharge any monies due and owing as at the first day of that calendar month.
3. Make payments to OneChoice Design upon receipt of a invoice from OneChoice Design for hosting charges which shall be charged in advance.
4. Make payments to OneChoice Design upon receipt of a invoice from OneChoice Design for excess charges for messages or data which shall be charged in arrears.
5. Make payments punctually on the first of each calendar month in accordance with the billing periods which shall be based on calendar months.
6. That in the event the client defaults in any payment of a invoice from OneChoice Design rendered to them OneChoice Design may without notice to the client suspend or terminate hosting services until such time that the client has paid to OneChoice Design in full any outstanding amounts due and owing pursuant to any tax invoice rendered by OneChoice Design to the client pursuant to this agreement, including any reactivation fee.
7. In the event this Agreement is terminated by the client the client agrees to pay to OneChoice Design an amount to be costed on the basis of all services provided by OneChoice Design that remain unbilled as at the date of termination.
8. In the event the client is a corporation, the directors of the client agree to be parties to this Agreement and guarantee the performance of the client and further agree to assume each and every liability and obligation of the client pursuant to this Agreement in the event of and as and when the directors of the client are called upon to do so for whatever reason. The obligations of the directors of the client include but are not limited to the payment of any and all invoices rendered to the client by OneChoice Design.
9. The client agrees to advise OneChoice Design of any change of contact details. OneChoice Design will not be liable for any consequences of invoices or other notices or documentation being sent to incorrect addresses as a result of a failure of the client to provide notice of a change of said details.
FAIR USE, REPUDIATORY CONDUCT AND DISPUTES
-OneChoice Design does not apply fixed limits to the amount of support we give to our clients. The client understands that OneChoice Design must ensure it is able to provide quality service to all its clients, and that no clients should be disadvantaged by the behaviour of others. The client agrees to be bound by OneChoice Design’s Fair Use policy outlined in this section.
-The client agrees not to engage in excessive contact, which includes but is not limited to:Repeatedly asking for assistance with matters outside OneChoice Design’s control, responsibility, or remit, after OneChoice Design has advised the client that this is the case, including but not limited to: basic computer assistance, business advice or other technical assistance not related to OneChoice Design’s services.
-Repeatedly and unreasonably asking for assistance with matters with which OneChoice Design has previously provided training. The client agrees to endeavour to understand the training they are provided.
-Excessive phone calls or emails to the extent that it has a detrimental impact on our ability to service our other clients.
-Demands for assistance with non-urgent matters outside of OneChoice Design’s support hours where urgency is determined at the sole discretion of OneChoice Design.
-If OneChoice Design determines that the client is engaging in excessive contact, it will provide written notice to the client of this determination, and the client agrees that OneChoice Design at its sole discretion may as a result undertake any or all of the following actions: Apply a restriction on contact time permitted with the client.
-Invoice the client for all or a portion of time spent on the phone, responding to emails and support tickets, and any other undertakings required to service the client.
-Suspend and/or terminate the client’s provision of services, not before a third warning has been given. Warnings may not be given any more frequently than every seven days.
-OneChoice Design agrees that notices of excessive contact must be provided within 30 days of said excessive contact and the determination can only be made on the basis of activity within the 90 days preceding the date the notice is issued.
-The client agrees that any dispute it wishes to make to a notice of excessive contact must be provided in writing to OneChoice Design within 14 days of the issue of the notice.
-The client agrees not to engage in repudiatory conduct, which includes but is not limited to:Abusive behaviour towards staff, agents, partners or directors of OneChoice Design, which includes threatening behaviour and/or speech
-Defamation of staff, agents, or directors of OneChoice Design, or of OneChoice Design or related businesses
-The client agrees that in instances of repudiatory conduct, OneChoice Design is entitled to immediately terminate this agreement without prejudice to its rights to seek one or all of compensation, damages, or indemnities relating to the conduct.