Terms and Policies few important things to note:
**Clients are responsible for reading and understanding the Terms of Service and other policies. Submission of payment, deposit, or signed Working Agreement indicate acceptance of our policies.
**We hate spammers, and we respect your privacy. We will NEVER sell or share your personal information for any reason … PERIOD.
For questions or inquiries about our Terms of Service or other Policies, CONTACT US.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our home page.
The Information We Collect:
This notice applies to all information collected or submitted on the Beers Design website. On some pages, you can order products and make requests. The types of personal information collected at these pages are:
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children’s Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 18, and no part of our website is structured to attract anyone under 18.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please call us at 404-380-1688 or send us an email at firstname.lastname@example.org.
Terms of Service
Thank you for choosing Beers Design for your website design needs!
1. Acceptance of Terms
By accepting Beers Design’s (hereafter referred to as service provider) Terms of Service electronically or in writing, and/or by using Beers Design’ services, including but not limited to, submission of content to the Beers Design custom/graphic design department, submitting inquiries, requests for support or consultation, website content, payment or authorization of payment, you (hereafter referred to as client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of these Terms shall have the same force and effect as if Client had agreed to these Terms in writing.
Service Provider makes its services available to Client subject to the following Terms, which may be updated from time to time without notice. Client may review the most current version of the Terms at http://www.beersdesign.com/terms.htm. Failure to comply with the Terms may result in additional charges subject to Service Provider’s hourly consulting fees and, in some cases, account termination. By using SERVICE PROVIDER’ services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and SERVICE PROVIDER is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.
2. Description of Service
SERVICE PROVIDER designs and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, easy interface for updating the website, email accounts and additional website-related services. Client understands that SERVICE PROVIDER’ services may include certain communications from SERVICE PROVIDER such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to SERVICE PROVIDER’ services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access SERVICE PROVIDER’ services.
3. Electronic Delivery Policy
SERVICE PROVIDER is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from SERVICE PROVIDER any notices, agreements, disclosures, or other communications (Notices). Client agrees that SERVICE PROVIDER may send electronic Notices in either of the following ways. 1) To the email address provided to SERVICE PROVIDER at the time of sale or 2) to the new email address account Client set up through SERVICE PROVIDER. Client agrees to check the designated email addresses regularly for Notices. Notice from SERVICE PROVIDER is effective when sent by SERVICE PROVIDER, regardless of whether the Notice is read or received by Client.
5. Unacceptable Practices
As SERVICE PROVIDER strives to offer the very best service, there are certain guidelines and policies that must govern SERVICE PROVIDER’ efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and will result in the immediate termination of SERVICE PROVIDER’ services. Such decisions are at the sole discretion of Beers Design. Unacceptable practices include, but are not limited to:
* Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
* Sexually oriented products or material
* Nudity (exceptions granted on a case-by-case basis if for medical or artistic purposes)
* Offensive or otherwise distasteful material
* Bulk emailing tools
* Distribution of internet viruses or other harmful or destructive activities
* Gambling, gaming, lotteries, and like activities
* Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racial, chauvinistic, ethnically offensive or otherwise objectionable content or language
* Content or language that is harmful to minors in any way
* Illegal activities such as ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
* Intentional or unintentional violations of any applicable local, state, national or international law.
* Reselling email accounts or hosting accounts to third parties
* Spamming and all other forms of unsolicited messages including, but not limited to, spam, pyramid schemes, chain letters, and junk email
* Links to other sites that are in violation of Beers Design’s policies and guidelines
* Other activities, whether lawful or unlawful, that SERVICE PROVIDER deems to be in poor taste or that reflect adversely on SERVICE PROVIDER or SERVICE PROVIDER’ other clients
As a SERVICE PROVIDER’ Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold SERVICE PROVIDER harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. SERVICE PROVIDER retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. SERVICE PROVIDER may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by SERVICE PROVIDER for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)
As an SERVICE PROVIDER’ Client you may have access to editing tools for your website. Client may edit, add or delete content to the website at anytime. With this understanding SERVICE PROVIDER may or may not pre-screen content. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by SERVICE PROVIDER or not, including any reliance upon accuracy, usefulness or completeness.
Client acknowledges that SERVICE PROVIDER may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of SERVICE PROVIDER and the public.
6. Intellectual Property Policy
SERVICE PROVIDER respects copyright laws and the intellectual property of others. SERVICE PROVIDER will not use copyrighted materials on any Client’s website without the express written consent of the copyright owner. It is Client’s responsibility to ensure that all content submitted to SERVICE PROVIDER is original content and free from third-party copyright. (See Unacceptable Practices)
Customer content that is sent to SERVICE PROVIDER will remain the intellectual property of the Client. SERVICE PROVIDER does not return original content to the Client unless a request to return the original content to the Client is made in writing upon submission of the content. SERVICE PROVIDER will attempt to honor requests to return original content, however, SERVICE PROVIDER has no liability and does not guarantee the return of any content to Client.
Websites designed by SERVICE PROVIDER are the intellectual property of SERVICE PROVIDER until Client has paid SERVICE PROVIDER in full for any and all fees due. (See Domain Names Purchase/Hosting Agreement)
7. International Use
Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with all laws regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business.
8. Interstate Communications
Client acknowledges that by using SERVICE PROVIDER’ services Client will be causing communications to be sent through SERVICE PROVIDER’ computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of SERVICE PROVIDER’ services results in interstate data transmissions.
9. Website Construction Procedure
With help and input from the Client, SERVICE PROVIDER will prepare the appropriate custom design and work with the content provided by the Client for development of the site – unless the SERVICE PROVIDER has agreed to develop content in the agreed upon scope outlined in the working agreement. If SERVICE PROVIDER has not been contracted to develop custom content, Client must submit complete content to the design department at the time of SERVICE PROVIDER request.
Client must submit content through the Online Project Management System (OPMS) using the provided Project Instruction Form (PIF). After content and specifications are submitted by the Client via the PIF the website is developed. In submitting content through the OPMS, links to sample sites the Client likes are for general information purposes only and assist SERVICE PROVIDER with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in SERVICE PROVIDER’ invoice.
The design and content layout are completed by the SERVICE PROVIDER and presented to the Client for approval. After the Client approves the website and final payment is received, the website will go live. The SERVICE PROVIDER may review the text before site goes live to correct any possible errors, if that service is included in the Working Agreement. SERVICE PROVIDER will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified when the website is live.
Client understands, agrees and acknowledges that SERVICE PROVIDER does not guarantee a time frame for completion of ANY custom website. A custom website cannot be completed without submission of content and specifications via the PIF, design approvals and other needed Client input, as well as participation from the Client. If Client continues submitting additional content or changes throughout the design process, the design time frame is increased. If Client does not submit complete content and specifications via the PIF, SERVICE PROVIDER is not able to maintain the originally estimated project time line. Client is still responsible for all fees incurred including, but not limited to, set-up, enhancement and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming of any kind, the overall development time will be extended.
10. Client Approval
Client is responsible for testing the functionality of the website upon SERVICE PROVIDER’ request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc. Upon Client approval of the website to go live Client agrees services have been rendered and functionality of website has been tested and approved by Client.
The Client understands and agrees that if the Client does not respond within 5 business days to SERVICE PROVIDER’ request for approval, and notification that the website has been completed, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client, any outstanding balance will be immediately due in full, and upon payment, and the website may be taken live “as-is.”
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to SERVICE PROVIDER’ notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, any balance will be immediately due, and the website may be taken live with the missing information “as-is” or “under construction.”
11. Website Change Requests During Design Process
SERVICE PROVIDER agrees to build a website according to the original agreed upon scope of work in the Working Agreement. Any additions or changes requested outside of the scope of the original sale prior to the custom website going live will be billed at SERVICE PROVIDER’ standard hourly rate or according to a separate Working Agreement – depending on the scope of the requested changes. The billing method used will be determined by SERVICE PROVIDER. SERVICE PROVIDER is not obligated to complete Client requests or changes outside of the scope of work on the original Working Agreement. If SERVICE PROVIDER does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
12. Enhancements to Website
Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to flash, e-commerce, logos, etc. Client’s requests for enhancements to the original website will be due and billed separately and at the time of request. Some enhancements such as, but not limited to, flash, functionality, etc may require that a specifications summary be presented to the Client. Once work has begun on enhancements purchased by the client there is No Refund if cancelled.
13. Additional Services
Client may purchase at an additional monthly cost additional services offered by SERVICE PROVIDER. Additional monthly services may include, but are not limited to, website hosting. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. SERVICE PROVIDER will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 30 days written notice.
14. Customer Service
Beers Design strives to offer the best service available. Customer service complaints or concerns should be emailed to email@example.com.
15. Hosting Account Use and Storage
Client acknowledges that SERVICE PROVIDER may establish general website hosting guidelines and limits concerning use of SERVICE PROVIDER’ services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on SERVICE PROVIDER’ servers on Client’s behalf. SERVICE PROVIDER periodically backs up the websites it hosts. However, Client acknowledges that SERVICE PROVIDER is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client may be lost if data loss occurs after a scheduled backup by SERVICE PROVIDER.
16. Updates to Live Website/Design Time
After the website is live, Client may wish to make changes or updates to the website from time to time. Most changes can be made using the website editing tool or content management system provided by SERVICE PROVIDER. These tools may not be available for all websites, or all pages of a website. Availability of the tools is dependent upon the functionality and specifications required for the Client’s website. For changes that cannot be made with the tools, Client may use SERVICE PROVIDER additional services. Changes, additions and updates will be billed to the Client at the standard hourly rate.
SERVICE PROVIDER is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by SERVICE PROVIDER to repair changes made by Client will be billed to Client at SERVICE PROVIDER’ standard hourly.
17. Domain Names Purchased/Hosting Agreement
Website hosting is billed beginning from the date of sale and can be paid on a monthly or annual basis. Monthly hosting is billed from the date of sale, regardless of the date the website goes live, because hosting costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names.
Domain names purchased by SERVICE PROVIDER and website designs created by SERVICE PROVIDER are the property of SERVICE PROVIDER until Client has paid all fees. At that time ownership of the site and domain name are transferred to the Client’s control. Upon transfer of domain and site, Client acknowledges that SERVICE PROVIDER has met in full its obligation to Client effective the date of Client’s request. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client.
Domain names may be purchased through a third party service. SERVICE PROVIDER cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase SERVICE PROVIDER may assist the Client in selecting and purchasing an alternate domain name. Domain names already owned by the Client remain the property of the Client and renewal of the domain name is the Client’s responsibility. The renewal of any domain names transferred to the Client is the responsibility of the Client.
18. Marketing Representations
SERVICE PROVIDER makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to SERVICE PROVIDER are due at time of sale of website design and hosting services and are not contingent upon Client’s marketing of said website.
19. Billing Policy
For projects estimated under $1000.00 in the Working Agreement, full payment is due at time of original sale, and prior to commencement of work. For project estimated over $1000.00, a deposit of half of the total price agreed upon in the working agreement is due before work on the site will commence. Half of the remaining amount will be due 60 days after site construction begins, and the final amount will be due at the time of launch. These terms will apply to all agreements unless otherwise specified in the original Working Agreement.
Installment payments may be accepted on a case by case basis, at the sole discretion of SERVICE PROVIDER, in negotiated terms determined and set by the SERVICE PROVIDER. Installment payment plans will be established in writing and client’s acceptance of terms of plan will be established by Client’s first payment. Additional fees and charges cannot be added to Client’s account during the terms of the payment plan. Missed or incomplete payments may result in termination of Client’s account, with no refund of payments made required.
Any work not included in the original Working Agreement will be billed to the client according to SERVICE PROVIDER’S hourly rates.
Invoices are due upon receipt except if otherwise noted on the Invoice. Clients may receive late notices via email once invoices are 20 days late. At this point, late charges may be incurred. Check payments are accepted via US Mail. Clients may also pay online with a credit card online or by phone. SERVICE PROVIDER accepts checks, Paypal, Visa, MasterCard, AMEX and Discover. All sales are final.
SERVICE PROVIDER reserves the right to change prices at any time including monthly hosting amounts, package prices, and hourly fees.
20. Billing Disputes
SERVICE PROVIDER charges up to a $25.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes. If SERVICE PROVIDER does not receive payment in full when due, SERVICE PROVIDER may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $25 per month, whichever is greater, on any unpaid balance. SERVICE PROVIDER may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees billed to SERVICE PROVIDER for collecting from Client. SERVICE PROVIDER will not honor limiting notations made by a Client on a check.
If Client wishes to dispute a charge Client must first contact SERVICE PROVIDER’ billing department and must allow 10 business days for a response. To avoid any dispute about Client’s attempt to contact SERVICE PROVIDER, Client must send the request in writing to:
Attn: Billing Department, Beers Design, 35 Stonebrook Place, Lawrenceville, GA 30043. Requests may be emailed to firstname.lastname@example.org. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. (See Arbitration)
21. Termination/Cancellation of Services
SERVICE PROVIDER, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if SERVICE PROVIDER believes Client has violated the TOS. SERVICE PROVIDER may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to SERVICE PROVIDER’ services under any provision of this TOS may be effected without prior notice and that SERVICE PROVIDER may deactivate or delete Client’s account and all related information files. Client agrees that SERVICE PROVIDER shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. In addition, accounts that become 30 days delinquent can be terminated. SERVICE PROVIDER also reserves the right to discontinue the designing of Client’s website at any time, at SERVICE PROVIDER’ sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by SERVICE PROVIDER.
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by SERVICE PROVIDER.
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify SERVICE PROVIDER in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from SERVICE PROVIDER that the request for termination has been received and no further hosting fees will be billed.
Requests for cancellation of website hosting services or additional services should be sent to the following address:
Attn: Billing Department, Beers Design, 35 Stonebrook Place, Lawrenceville, GA 30043.
Requests may be emailed to email@example.com. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
22. Cancellation Effective Date
Client may terminate hosting services with written notice. The effective date of cancellation is to be the date of SERVICE PROVIDER’ receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and client agrees to pay.
If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes SERVICE PROVIDER to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.
23. Cancellation Fee and Refund Policy
WEBSITE DESIGN, MAINTENANCE – All sales are final.
MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.
Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).
24. Beers Design Proprietary Rights
Client acknowledges and agrees that SERVICE PROVIDER’ services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of SERVICE PROVIDER’ services.
25. Use of Client Information
Client herby gives permission to SERVICE PROVIDER to use samples or links to Client’s custom website designed by SERVICE PROVIDER for marketing and advertising purposes, including but not limited to, use in SERVICE PROVIDER’ online portfolio unless otherwise agreed upon in writing.
26. Third-Party Services, Applications & Programming
From time to time third parties may offer service to SERVICE PROVIDER’ clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. SERVICE PROVIDER does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access SERVICE PROVIDER’ services. Client also agrees that SERVICE PROVIDER is under no obligation to provide Client with any enhancements, updates, or fixes to make SERVICE PROVIDER’ services accessible through any third-party applications.
27. Disclaimer of Warranties
CLIENT’S USE OF SERVICE PROVIDER’ SERVICES IS AT CLIENT’S OWN RISK. SERVICE PROVIDER’ SERVICES ARE PROVIDED “AS IS”. SERVICE PROVIDER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SERVICE PROVIDER DISCLAIMS ANY WARRANTIES REGARDING SERVICE PROVIDER’ SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SERVICE PROVIDER DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE PROVIDER’ SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. SERVICE PROVIDER DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. SERVICE PROVIDER DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH SERVICE PROVIDER’ SERVICES, OR LINKS PROVIDED BY SERVICE PROVIDER’ SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY SERVICE PROVIDER OR OBTAINED THROUGH LINKS PROVIDED THROUGH SERVICE PROVIDER’ SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE PROVIDER’ SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
28. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT SERVICE PROVIDER, IT’S SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE SERVICE PROVIDER’ SERVICES, RELIANCE ON SERVICE PROVIDER’ SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE PROVIDER’ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH SERVICE PROVIDER’ SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO SERVICE PROVIDER’ SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO SERVICE PROVIDER’ SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
Without limiting the foregoing, under no circumstance shall SERVICE PROVIDER be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. SERVICE PROVIDER’ full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to SERVICE PROVIDER.
29. Tort Claims
Client waives all tort claims against SERVICE PROVIDER, it’s subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission.
Client agrees to defend, indemnify and hold harmless SERVICE PROVIDER, it’s directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through SERVICE PROVIDER’ services, from any product sold by Client, it’s agents or employees or assigns, from any service provided or performed or agreed to be performed by SERVICE PROVIDER or from Client’s violation of the TOS or Client’s violation of any rights of another.
Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.
35 Stonebrook Place
Lawrenceville, GA 30043
32. Contact Beers Design
Client may contact SERVICE PROVIDER at 404-380-1688 M-F from 9:00 –4:00 ET. Client may visit our website at beersdesign.com at any time. Client may also email SERVICE PROVIDER at the following address:
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms.
The TOS agreement shall be governed by the laws of the State of Georgia. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts in the State of Georgia, County of Gwinnett.
In lieu of litigation, Client agrees to binding arbitration if requested by SERVICE PROVIDER. Arbitration will be through a neutral third-party Arbitrator to be selected by SERVICE PROVIDER. If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. (See Billing Disputes)
SERVICE PROVIDER may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
37. Electronic Signatures
Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the OPMS, making payment, or submitting information or documents to SERVICE PROVIDER so that SERVICE PROVIDER may perform services for the client, the same shall constitute an electronic signature as defined by Georgia Electronic Records and Signatures Act.
38. General Information
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Beers Design’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.