Website:

Parties

Subscriber (hereinafter referred to as “You” or “Credit Card Holder” or “Client”). Seller, Gator Graphics USA LLC (hereinafter referred to as “Our”, “Us” or “We”).

Electronic Consent

In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a copy of this document via email, please contact us at sales@gatorwebsolutions.com and we will send you a PDF copy of this document via email.

Terms and Conditions

1) STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work is undertaken by Gator Graphics USA LLC as Gator Web Solutions for its clients.

2) OUR FEES: A total fee payable under our proposal is due immediately upon your instructing us to proceed with the website design and development work or social media services such as Facebook or/and Google plans. We reserve the right not to commence any work until the deposit has been paid in full. All prices listed are in U.S Dollars. The payment can be made via Credit Card, Debit Card, Google Pay, or Paypal.

3) REFUND POLICY: We work sincerely & dedicatedly to satisfy you. If you are still not pleased with our work, our refund policy works as below:

We only refund any value if we did not started in your project yet.

Refund not applicable on domain registration fees.
Refund not applicable for express service clients.
Refund not applicable for any delays out of our control.
Refund not applicable once website is completed.
Refund not applicable on web hosting fees.

4) SUPPLY OF MATERIALS: You must supply all materials and information required by us to complete the work in accordance with any agreed specifications. Such materials may include but are not limited to, photographs, written copy, and logos. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.

5) VARIATIONS: We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $45 per hour.

6) PROJECT DELAYS AND CLIENT LIABILITY: Any time frames or estimates that we give are contingent upon your full co-operation along with complete and final content for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We will not be responsible if the web design project remains largely unfinished or is delayed, due to your own inaction, or by not approving design mockups / requesting web design changes on time. After the initial 45 calendar days, if the project is still unfinished, $45/hour would be billed for any further change request.

7) APPROVAL OF WORK: On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 5 Business days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 5-day review period will be deemed to have been approved.

8) REJECTED WORK: If you reject any of our work within the 5-day review period and do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work.

9) PAYMENT:

1. Clients are required to make payments for services directly through our website's checkout options. Accepted payment methods include [Credit cards, Debit Cards and we may use PayPal, If you want to send us directly via Zelle, please contact our team. ].
2. Monthly Hosting Fees: In addition to the initial payment for website development, clients are responsible for monthly hosting fees. These fees will be automatically charged to the client's provided payment method on a recurring basis.
3. Failed Payment Attempts: If a client's payment method is not accepted or if we are unable to contact them regarding payment issues, we reserve the right to make up to two charge attempts. If payment is not successfully processed after the second attempt, we may automatically remove the client's website from our hosting platform.

10) COPYRIGHTS & TRADEMARKS: You must obtain all necessary permissions and authorities in respect of the use of all copies, graphic images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

11) LICENSING: Once you have paid us in full for our work, we grant to you a license to use the website and its contents for the life of the website.

12) SEARCH ENGINES: All websites designed by us are search engine friendly. However, we do not guarantee any specific position in search engine results for your website. We perform search engine optimization according to current best practices at an additional cost.

13) CONSEQUENTIAL LOSS: We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however, that delay arises.

14) DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither Gator Graphics USA LLC nor any of its employees or agents, warrant that the functions contained in the web design project will be uninterrupted or error-free. In no event will Gator Graphics USA LLC or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if Gator Graphics USA LLC has been advised of the possibility of such damages.

15) ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

16) NON-DISCLOSURE: We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

17) ADDITIONAL EXPENSES: You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages, purchase of third-party software, stock photographs, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately upon your request.

18) BACKUPS: We are responsible for maintaining your backups with respect to your website and we will be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

19) OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING: If you have your own domain we are not responsible for purchasing domain names; we will recommend you to use www.GoDaddy.com to buy your Domain Name and we will need your credentials or we will provide the information that we need to link your Domain name with our Host service. We will supply your website with our Web Hosting or any third-party host of our preference. If we buy your domain for you, we will use GoDaddy as our provider and it will have a lifetime equal to the time that your plan is up to date. If you want us to transfer the domain name for you, you have to contact us via e-mail (sales@gatorwebsolutions.com) and a fee of $49.99 will be charged for transferring the domain name for your account. You must have a GoDaddy activated account so we can transfer for you.

20) WEB HOSTING & SUBSCRIPTION PAYMENT: Payment for Web Hosting is included in our Subscription plan and it is made monthly according to the plan chosen on the day of activation and payment made by the customer.

Example: The payment for your accommodation was made on 04/03/2022, your next payment will be made on 04/04/2022.

Our hosting charge is made exclusively through the automatic payment systems provided by Credit Card, Debit Card, Google Pay or PayPal, therefore, it is necessary to use a User or Guest in the PayPal payment system.

21) CAN I USE MY OWN HOSTING PLAN?

If you prefer to use your own hosting plan, whether it's with us or another company, a fee will be applied for transferring the website files and database based on your specific hosting plan requirements.

1. Hosting Service: By default, our web development services include hosting on our servers. Clients who wish to use their own hosting service must inform us in writing before the commencement of the project.
2. Transfer Fee: For clients who choose to use their own hosting service, a one-time transfer fee of $199.00 will be charged to cover the cost of transferring the website files to the client's hosting provider.
3. Installation Fee: If the client requests our assistance in installing the website on their own hosting service, an additional installation fee of $199.00 will be charged. This fee covers the labor involved in configuring and setting up the website on the client's hosting service.

Please be aware that the process of transferring your files via email or download link may take up to 5 business days. Gator Graphics LLC holds no responsibility for any data, hosting, domain, content, database information, or files on your site or content after the transfer. We are not liable for any issues or errors that may arise as a result of the transfer.

No data will be sent until we have received full payment.

22) REVISIONS AND CHANGE REQUESTS:

a) You are entitled to a maximum of 5 revisions and change requests during the development process, unless otherwise agreed upon in writing.

b) Any major changes or additional revisions beyond the initial 5 will be subject to an additional charge of $45 per hour.

c) To request revisions or changes, you must communicate your requirements in writing, either via email or through our project management system. All requests should include clear instructions and specifications.

d) We will make reasonable efforts to respond to your revision requests within 2 business days.

e) Upon receiving a revision request, we will evaluate the scope and complexity of the changes. If the changes fall within the agreed-upon revisions limit, we will proceed with the modifications.

f) If there is a delay in your response to our revision proposal or if we do not receive a response within 5 business days, we will consider the project as complete and accept it as a finished job.

g) In the event that additional revisions are requested after the project has been deemed complete or if changes exceed the agreed-upon revisions limit, we will charge $45 per hour for the time spent on the requested revisions.

h) Any additional charges for revisions or changes will be invoiced separately and must be paid in accordance with the payment terms outlined in the contract.

23) WEBSITE SECURITY AND HACKER ATTEMPTS

At Gator Web Solutions, we prioritize the security and integrity of your website. While we implement robust security measures to protect your online presence, it's important to acknowledge that no system is completely immune to hacker attempts.

In the unfortunate event of a hacker attack or any security breach on your website, rest assured that our dedicated team will immediately address the issue. We will allocate our resources and expertise to investigate and resolve the problem as quickly as possible.

Please understand that the process of mitigating the effects of a hacker attempt may require time and careful analysis. Depending on the severity and complexity of the attack, we estimate that it may take anywhere from 1 to 15 business days to fully restore your website and ensure its proper functioning.

During this period, our team will work diligently to identify and fix any vulnerabilities, strengthen security measures, and reinstate your website to its previous state. We will keep you informed throughout the entire process, providing regular updates on the progress and any necessary actions taken.

We understand the importance of minimizing downtime and the impact on your business. Our goal is to resolve the issue efficiently and effectively, allowing you to regain control over your website and resume normal operations as soon as possible.

Rest assured that Gator Web Solutions is committed to safeguarding your website and protecting it against potential threats. We continuously monitor and enhance our security practices to ensure the utmost safety for your online presence.

If you have any concerns or suspect any unauthorized activity on your website, please don't hesitate to contact our support team immediately. We are here to assist you and provide the necessary guidance to address any security-related issues.

Thank you for entrusting us with your website's security, and we appreciate your understanding and patience in such circumstances.

Please let us know if you have any further questions or require assistance.

24) RIGHT OF REFUSAL: Gator Graphics USA LLC reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.

25) GOVERNING LAW: Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into in the state of Florida, United States. Any dispute will be litigated or arbitrated in the state of Florida, United States, and you hereby consent to the personal jurisdiction of the Lake Worth, Florida Courts.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.

How can I cancel my plan?

At Gator Web Solutions, we do not have a contract for social media or website plans, giving you the freedom to cancel your payment at any time.

To cancel your plan, simply send an email to sales@gatorwebsolutions.com with the subject line "Plan Cancellation Request".

Upon receiving your email, we will promptly process your cancellation request within 1 to 2 business days, ensuring a convenient and hassle-free experience for you.

Please let us know if you have any further questions or require assistance.

*LAST UPDATE 07/03/2023 - GatorGraphics USA – Customer Agreement, Policies, Terms and Conditions are subject to change without notice. *