Terms Of Service
Terms Of Service & Use
Effective date: January 01, 2019
Welcome to Toni’s Web Design (“Us”, “We”, “Our”, “Ours”). The https://toniswebdesign.com website (the “Site”) is comprised of various web pages operated by Toni’s Web Design. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://toniswebdesign.com constitutes your agreement of all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Toni’s Web Design provides digital marketing services that include Search Engine Optimization, Pay-Per-Click Management, Content Marketing, Review Management, and Social Media Marketing to assist small and service based businesses to build a better online digital footprint and attract more customers.
Visiting https://toniswebdesign.com or sending emails to Toni’s Web Design constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, on the Site, and through Basecamp.com satisfy any legal requirement that such communications be in writing.
Children Under The Age Of 13
Toni’s Web Design does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our Site only with permission of a parent or guardian.
All services are offered at the client’s own risk: no guarantees, no refunds, no exchanges, and no credits, unless otherwise noted.
Web Design & Development
In the event you need to cancel the project before it begins, your down payment will not be refunded. If we need to cancel the project, you’ll be refunded in full and we’ll do our best to direct you to another developer.
If you cancel more than four (4) weeks out from the project start date, we’re happy to apply your down payment to a future project or start date.
If you cancel your project part way through, you’ll owe us payment for any work completed at that point based on our hourly fee of $150.00 for hours submitted, as well as any fees for licenses or software that we purchased for the project, and we will retain ownership of all copyrights and the original artwork. A 100% cancellation fee is due once the project has been finished, regardless of whether you take delivery of it.
If we miss a deadline due to your delay or failure in providing requested content, images or other necessary information on time, no refund will be provided.
SEO Services & Pay-Per-Click Management
Payments for Search Engine Optimization (SEO), Pay-Per-Click (PPC), Social Media Marketing (SMM), Online Reputation Management (ORM) or any of our Digital Marketing services are non-refundable even if a fee was paid in advance. Billing for these recurring services that are purchased a la carte and separate from the full digital marketing plan will continue month-to-month until you provide a written 30-day notice of termination.
Monies paid on ads, clicks, budgets, etc. to companies like Google, Facebook, Twitter, LinkedIn, etc are paid directly to them and Toni’s Web Design cannot and will not provide a refund on these items.
We and our affiliates, subsidiaries and vendors cannot and will not be responsible or liable for your monetary investment or loss in any way.
Do NOT spend any sum of money, no matter how great or small on PPC services if you cannot afford to lose it entirely with no return, results, revenue or profit of any kind.
Payments made for hosting your website are non-refundable. If you initiate a hosting account through Toni’s Web Design but do not use it, payment will still be due. Billing for hosting will continue month-to-month until you provide a written 30-day notice of termination.
Digital Marketing Plan
Our full, all-inclusive Digital Marketing Plan is a contracted commitment and there are no refunds or cancellations. Once the contractual obligation has been met, your account and services will continue on a month-to-month basis until you provide a written 30-day notice of termination.
Do NOT spend any sum of money, no matter how great or small on our Digital Marketing Plan if you cannot afford to commit to the contracted timeframe.
Disclaimer Of Guarantees & Expected Results
- We can’t force Google, Facebook or any other ad platform or publisher to list or show your ad in any particular position, rank, or order
- We can’t make people see, notice, view or watch your ad, listing, offer, services or product
- We can’t compel people to like your ad, listing, offer, services or product even if they do see it
- We can’t make them click on the ad or the link if they see or like it
- Once they click, we can’t make them like your website or anything they see on it
- We can’t prevent them from leaving your website
- We can’t make them accept your offer, product or service in any way, including opt-ins, calls, contacts or purchases, even if they have seen it and liked it
- Most importantly of all, even if someone gets this far, and likes and wants whatever you have to offer them: we can’t make them pay you
If you have to ask about a guarantee, you probably aren’t ready to be a client because you aren’t financially stable enough to make the investment. Marketing, Advertising, and Business in general are risky endeavors. Do not place orders, engage in or pay for our services if you cannot reasonably afford them and/or cannot tolerate the loss of your funds or the failure of your expected results and/or expected return on investment.
Links To Third Party Sites/Services
Https://toniswebdesign.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Us and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Us of the site or any association with its operators.
Certain services made available via https://toniswebdesign.com are delivered by third party sites and organizations. By using any product, service or functionality originating from Our https://toniswebdesign.com domain, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service or functionality on behalf of https://toniswebdesign.com users and customers.
No Unlawful Or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferrable, revocable license to access and use https://toniswebdesign.com strictly in accordance with these terms of service & use. As a condition of your use of this Site, you warrant to Toni’s Web Design that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Toni’s Web Design or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyrighted and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate int he transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Toni’s Web Design content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not gran you an licenses, express or implied, to the intellectual property of Toni’s Web Design or our licensors except as expressly authorized by these Terms.
Use Of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computers; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in Our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Services and, therefore, We specifically disclaim any liability with regard to the Communication Services any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Toni’s Web Design spokespersons, and their views do not necessarily reflect those of Ours.
Materials uploaded to a Communications Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided To Us Or Posted On Any Of Our Web Pages
We do not claim ownership of the materials you provide to https://toniswebdesign.com (including feedback and suggestions) or post, upload, input or submit to Our Site or associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Us, our afflicted companies, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensations will be paid with respect to the use of your Submission, or provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Toni’s Web Design from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Our Content accessed through https://toniswebdesign.com in any country or in any matter prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Toni’s Web Design, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by your, your violation of any Terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service & Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association and/or Mediation Midwest, Inc. The arbitrator’s award shall be final, and judgements may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a results of these Terms. The parties agree that the Federal Arbitration Act governs the interpretations and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Us agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TONI’S WEB DESIGN AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TONI’S WEB DESIGN AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TONI’S WEB DESIGN AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We reserve the right, in Our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of these Terms or use of the Site. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Toni’s Web Design’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Us with respect to such use. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in full effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Toni’s Web Design with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Toni’s Web Design with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes To Terms
Toni’s Web Design reserves the right, in Our sole discretion, to change the Terms under which https://toniswebdesign.com is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.