Terms of Service
Last updated: November 28, 2016
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.hammerdesignlab.com website (the “Service”) operated by HAMMER DESIGN LAB (“us”, “we”, or “our”).
1. Acceptance of Terms
A. By accepting the Terms, or by accessing or using the Service or Site, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.
B. You acknowledge that these Terms constitute a contract between You and HAMMER DESIGN LAB, even though it is electronic and is not physically signed by You and HAMMER DESIGN LAB. You further acknowledge that these Terms govern Your use of the Service and, except for written addendums signed by the parties that specifically modify these Terms, these Terms supersede any other agreements between You and HAMMER DESIGN LAB.
2. Description of Service
A. The “Service” includes (a) the Site and (b) the other services provided to You based on the plan purchased, including web development, maintenance, and other services. Any new features added to or augmenting the Service are also subject to these Terms. Certain new features made generally available at no cost to all subscribing customers will be made available to You at no additional charge. However, the availability of some new features may require the payment of additional fees, and HAMMER DESIGN LAB will determine at its sole discretion whether access to any other such new features will require an additional fee.
B. The Service may also include steel, gold, platinum services based on the Service plan purchased. HAMMER DESIGN LAB will use commercially reasonable efforts to make the Service available as detailed in the applicable Service plan, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond Our control.
C. The Service plan includes up to five pages of free basic website design (all plans), special member’s price (all plans), free professional web hosting service (all plans), free basic system update (all plans), free monthly slide or banner design service (HAMMER Steel: one/month, HAMMER Gold: two/month, HAMMER Platinum: three/month), monthly maintenance update request (HAMMER Steel: one time – up to two hours/month, HAMMER Gold: two times – up to five hours/month, HAMMER Platinum: three times – up to eight hours/month), and monthly backup of website databases (HAMMER Steel: none, HAMMER Gold: once/month, HAMMER Platinum: twice/month).
D. We will provide basic web design (up to five pages) free only once.
E. Any additional text and/or content insert requests made after completion of the final deliverable; You are responsible for providing all text (in digital format, copyright ready) and image files.
F. Minor updates are included in our Service plans. Included minor update requests are limited, based on the Service plan purchased.
G. Non-minor updates & additional monthly maintenance services will be billed separately.
H. You must provide the necessary content (images, text, and links) for the update. We are not responsible for creating or providing new content for you.
I. As HAMMER DESIGN LAB do not provide e-Commerce solutions, our service plans do not provide e-Commerce features or functions.
J. HAMMER DESIGN LAB reserves the right to refuse requests from you at any time for any reason and will do so in writing by electronic mail and/or postal letter.
- [Minor Update Listing]
- New homepage slide design to existing pages
- Swap and resize homepage slides and banners to existing pages
- Image update to existing pages
- Page URL update to existing pages
- Text content update to existing pages (does not include changing an entire page of text)
- Adding or updating a link / social links to existing pages
- Adding or updating a menu items to existing pages
- Adding or updating meta data to existing pages
- Adding or updating alt tag to existing pages
* Please note: Client must provide all necessary information to apply to existing pages.
- [Major Updates & Additional Services]
- Additional language
- Additional homepage slide design
- Additional banner design
- Additional page design
- Additional menu item
- Logo design
- Favicon design
- Add a blog
- Add an online form
- Add a map & directions page
- Add new functions
- Content writing service
- Additional minor updates
* Please note: These services carry an additional fee on top of client’s monthly service fee.
3. Web Design Agreement
A. Copyright Usage: The rights granted to you are for the usage of the Final Design in its original form only. You may not modify the Final Design. You shall have: Non-exclusive rights, unlimited duration, worldwide, electronic use for this website only. All other rights to be negotiated separately.
B. Reservation of Rights: All rights not expressly granted above are retained by the HAMMER DESIGN LAB.
C. Revisions: Revisions may be made only by the HAMMER DESIGN LAB while this contract is valid. Revision can only be requested twice. Once, after initial delivery of concept design and another final time after delivery of final version. Additional fees will be charged for revision requests made other than the two revisions already offered. If You request major changes to produce Deliverables, HAMMER DESIGN LAB shall be entitled to submit a new Invoice to you for written approval. HAMMER DESIGN LAB shall not begin work on the revised services until the you respond in writing and accepting or rejecting the new invoice.
D. Client Content: Client Content includes logo, images, texts etc.. You are responsible to send all contents by the beginning of the final design phase.
E. Web Content Writing: Under our service plans, HAMMER DESIGN LAB shall provide web content writing services at no additional charge, based on text content that you provide.
F. Approval Periods: You shall, within 5 business days after receiving Deliverable, notify HAMMER DESIGN LAB in writing of any failure to comply with the specification of the project proposal or of any other objections, corrections or changes required. HAMMER DESIGN LAB shall, within 5 business days of receiving your notification, correct and submit a revised Deliverable to you. If you fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.
G. Delays: HAMMER DESIGN LAB shall use all reasonable efforts to meet the delivery schedule. HAMMER DESIGN LAB may extend the due date for any Deliverable by giving written notice to you. The total of all extensions shall not exceed 30 business days. You shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by you will result in a day-for-day extension of the due date for all Deliverables. Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension for any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of any delay. Conditions beyond the reasonable control of the parties include, but are not limited to: natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.
H. Promotion: HAMMER DESIGN LAB retains the right to reproduce, publish and display the Deliverables in HAMMER DESIGN LAB’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses, including a link on the your Website if not expressly objected to.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
You agree to manage completed website using one of our plans from completion of website until the expiration of this contract. All plans include hosting fee and basic system updates. You may request to terminate(cancel) plan at any time.
5. Billing and Payments
A. Billing and Payments. Unless otherwise agreed to in writing by HAMMER DESIGN LAB, the Service is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term. If You do not provide Your credit card or other payment information to HAMMER DESIGN LAB, Your account will be suspended until payment information and charge authorization are provided. HAMMER DESIGN LAB will bill you for the agreed-upon hours regardless of actual hours used. Unused hours do not roll over into the next month and you cannot pull them from future months.
B. Subscription Terms. Service begins as soon as your initial payment is processed. HAMMER DESIGN LAB will charge you automatically the rate stated at the time of purchase, plus applicable taxes (such as value added tax when the stated rate doesn’t include VAT), every month, unless HAMMER DESIGN LAB receives written notice of cancellation from you via email or postal service prior to the end of the initial term or any renewal term. You may be required to show proof of delivery.
C. Additional Services.: HAMMER DESIGN LAB will bill any other services beyond your plan separately, and we will hold these services until payment is completed.
D. Authorization to Charge Your Credit Card. By becoming a subscriber of the Service and submitting your credit card information to HAMMER DESIGN LAB, you authorize HAMMER DESIGN LAB to store your payment card information and to charge the billing source you have provided for your account according to the subscription plan you selected until your account is terminated. If HAMMER DESIGN LAB erroneously debits funds from your approved account, You authorizes HAMMER DESIGN LAB or its assignees and successors to initiate necessary credit entries to rectify error. A late payment charge from the due date at a rate of one and one-half percent (1.5%) per month (18% per year) of the unpaid balance or any lesser rate (if required by law) will be charged on any part of service fees unpaid for 10 days after it is due.
F. Taxes. Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against HAMMER DESIGN LAB based on its income. We will invoice You for such Taxes if we believe we have a legal obligation to do so.
G. Refund.: We issue no refunds for unused time. There are absolutely no refunds for any fees related to our services.
H. Default / Termination. If you are in default of this contract for failure to pay any fees, charges, or other amounts when due, or failure to perform any of the other your obligations under this contract, and such default continues for ten (10) days after HAMMER DESIGN LAB gives Client written notice, in addition to any other remedies provided by law, HAMMER DESIGN LAB may, by notice to you, without releasing you from payment of all the monthly service fees and any additional charges as contemplated by Terms, declare immediately due and payable an amount equal to all monthly service fees and other fees to be paid by you during the remaining term of this Agreement. If HAMMER DESIGN LAB’s records indicate that you are past due or in default, HAMMER DESIGN LAB is authorized to seek collection of the past due account. You agree to waive the applicable provisions of the Fair Debt Collection Practices Act and other similar regulations by allowing and requesting HAMMER DESIGN LAB to contact you for the purposes of collecting a debt. HAMMER DESIGN LAB may transfer any past due account to an independent third party collection agency to collect a debt. You will be responsible for paying the remaining applicable balance owed under the Agreement as well as all fees assessed by the collection agency. You acknowledges that any attempts to collect a debt by a third party agency are not to be attributed to HAMMER DESIGN LAB.
If you default with respect to payment of monthly service fees more than two (2) times in any calendar year, or if monthly service fee becomes sixty (60) days past due, then You agree that HAMMER DESIGN LAB may terminate service and the remaining applicable balance of the Agreement will be immediately due and payable. HAMMER DESIGN LAB may draft your account for the entire remaining balance, disconnect hosting service with prior notice. In addition, You agrees HAMMER DESIGN LAB will have no liability if disconnection to hosting service occurs because of past due balance.
6. Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
7. Contests, Sweepstakes and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
9. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
10. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
11. Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of HAMMER DESIGN LAB and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HAMMER DESIGN LAB.
12. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by HAMMER DESIGN LAB.
HAMMER DESIGN LAB has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that HAMMER DESIGN LAB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of Service and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless HAMMER DESIGN LAB and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, demand, damages, obligations, losses, liabilities, or action by a third party arising out of any breach of your responsibilities or obligations, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. HAMMER DESIGN LAB shall promptly notify you in writing of any third party claim or suit. You shall have the right to fully control the defense and any settlement of such claim or suit.
In the case of a third party lawsuit or proceeding based on a claim that Deliverables breach the third party’s intellectual property rights while the project is under construction by the HAMMER DESIGN LAB, and it is determined that such infringement has occurred, HAMMER DESIGN LAB may at its own expense, replace any infringing content with non-infringing content.
15. Limitation Of Liability
In no event shall HAMMER DESIGN LAB, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
HAMMER DESIGN LAB its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. IN THESE JURISDICTIONS, HAMMER DESIGN LAB’S LIABILITY WILL BE LIMITED TO THE NET PROFIT OF HAMMER DESIGN LAB FOR THIS SINGLE PARTICULAR PROJECT ONLY.
18. Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
20. Contact Us
If you have any questions about these Terms, please contact us to firstname.lastname@example.org.