AUTHORIZATION
You are engaging Hawk’s Design, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize Hawk’s Design access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
COPYRIGHT
Hawk’s Design does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
PRICING & PAYMENTS
All prices appearing on this site are subject to change without notice. Once a client of Hawk’s Design, you will be invoiced by Hawk’s Design at the agreed to intervals (monthly). It is your responsibility to submit payment for the invoice in a timely manner.
NON-PAYMENT
It is your responsibility to pay your invoice in a timely manner. If an invoice is past due services will not be rendered until your account has been brought current.
Special note if you are opting to have your site hosted with Hawk's Design: hosting clients will have a 6 day grace period where no additional charges will be incurred. If the invoice is not made current on or before that 6th day after the invoice has become past due your hosting account will be suspended and will not be taken out of suspension status until the invoice is made current plus a $50 reactivation fee has been paid. At 21 days past due your hosting account will be put into queue for deletion and can be deleted at any time within the following 7 days. Hawk's Design is not responsible for any lost data if your account is deleted due to non-payment.
CANCELLATION & REFUNDS
Cancellation of any monthly recurring service can occur at any time after your first 1 month (30 days) of service. No Refunds are available after your purchased package or service has been started, unless otherwise specified in any provision authorized by Hawk’s Design.
REFUSAL OF SERVICE
Hawk’s Design reserves the right to refuse service to any individual, website, or blogs that contain illegal, offensive, obscene, hateful, malicious content or any other reason.
THIRD PARTY OR CLIENT PAGE MODIFICATION
With a WordPress based website, the client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and Hawk’s Design. If anyone other than Hawk’s Design or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $150 per hour and will not be included in the time allotted in the monthly care plan. There is a one-hour minimum.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability.
Hawk’s Design does not guarantee, represent, or warrant that the functions contained in this or the client’s website(s) will meet the client’s requirements or that the operation of either websites will be uninterrupted or error-free.
You expressly agree that your use of, or inability to use, the functions contained in these webpages or the client’s website is at your sole risk. The functions of the website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the individual webpages and website is with the client.
To the extent not prohibited by law, in no event will Hawk’s Design be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential, or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if Hawk’s Design has been advised of the possibility of such damages.
Hawk’s Design does not represent, guarantee or warrant that the functions contained in your individual webpages or website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Hawk’s Design disclaims any liability relating thereto.
Hawk’s Design does not provide support for email services, or have any responsibility for email associated with your domain to function correctly, and as such, email support is not provided with any web care plans. Assistance with email issues can be given at the sole discretion of Hawk’s Design, as part of the time provided on some plans. Email ultimately remains your hosting provider’s responsibility, and so your first stop in the case of email issues must be to them. If in the event of Hawk’s Design also provides your hosting, limited support will be offered, but it is recommended that you take up professional email services with Google G Suite, as even with provided hosting, email support is not guaranteed or promised to be fault free in any way.
This Work Statement Agreement is governed by the laws of Spokane Valley, Washington State of the United States of America without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Hawk’s Design or relating in any way to your use of the created webpages or website resides in the courts of Spokane Valley, Washington State.
ACCEPTANCE
Please note that by submitting this application or order form, you are agreeing to all of our terms of service as they are written here. Hawk’s Design reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Please contact us with any questions regarding the Hawk’s Design terms of service by email at [email protected]
