Terms

Authorization

You are engaging Vegas Website Designs to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize Vegas Website Designs access and “write permissions” to all directories and files of your website account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

Client Responsibilities and Conditions.

With the approval of this Agreement, Client acknowledges it has the authority to enter into this Agreement on behalf of itself and its principals. Client agrees to supply Vegas Website Designs with everything needed to complete updates, repairs, support and maintenance as and when and in the format needed including but not limited to: timely payment, log-in user names and passwords, content in digital format, etc. Client agrees to review the Company’s work when applicable, and provide feedback and approval in a timely manner.

Pricing & Payments

All prices appearing on this site are subject to change without notice. Once a client of Vegas Website Designs, you authorize Vegas Website Designs to charge the payment method you submitted for all the invoices generated for the services rendered by Vegas Website Designs. In order to cancel your recurring payment or change payment method, simply contact Vegas Website Designs prior to your payment’s due date.

Client agrees to pay a total of $110.00 per hour for all on-demand website support requests as long as client is enrolled in WP Support. If client terminates enrollment in WP Support, client agrees to pay a total of $130 per hour for on-demand website support requests. There is no time commitment for enrollment in WP Support. Flat fee pricing will be quoted for larger project requests. Large website support requests quoted as a flat fee may require 50% due up front.

Any premium stock photography, videography, SSL certificates, domain names, software purchases, third party extensions, premium plugins and additional accrued costs will be invoiced to Client. Company will confirm the purchase of such items with Client prior to purchase. Payment may be made via money order, ACH bank transfer, check or credit card; however, if timely payment is not made or is declined, the Company is authorized to charge the credit card on file for the amount due plus any fees incurred resulting from non-sufficient funds. By providing its credit card information and payment instructions, Client authorizes Company to charge its credit card in accordance with those instructions, for all payments when due.

Cancellation & Refunds

Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service.

No Refunds are available after your purchased package or service has been started, unless otherwise specified by Vegas Website Designs. The Company retains the right to terminate this Agreement if timely payment is not made and not only to retain any fees paid for work already performed but also to bill for any work incurred in excess of the original Retainer amount. In addition, the Company also retains the right to remove or “take down” any work performed until payment is made.

Copyright

Vegas Website Designs does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

Ownership of Property

Vegas Website Designs acknowledges and agrees that all documents, images, or content produced by the Company in the course of providing the Services to the Client, shall be or become the property of Client pursuant to final payment. Client represents, warrants, and guarantees to the Company that any elements of text, graphics, photos, designs, trademarks, or other artwork that the Client provides to the Company for inclusion in the Web site are either owned by the Client or that Client has permission to use them (the “Client Original Designs”). Notwithstanding the foregoing, Client grants the Company the right to retain in its possession all Client Original Designs solely for its records and use for Client, at the sole discretion of the Company. All Deliverables shall be owned by Client and shall be considered work made for hire by Company for Client.  Client shall own all United States and international copyrights, patents, trade secrets or other proprietary rights in the Deliverables. Exceptions to ownership include plugins utilized that have been purchased by Company’s developer license. If Client severs or terminates a working arrangement with Company, Client forfeits its use of Company’s services including plugin and software updates and plugins purchased via Company’s developer license.

License to Display

Notwithstanding the foregoing, Vegas Website Designs reserves the right to display and link to the Client’s completed project as part of the Company’s portfolio and to write about the Website and project related thereto on web sites, in magazine articles, and in books about web design.

Refusal of Service

Vegas Website Designs reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or for any other reason.

Third Party or Client Page Modification

If anyone other than Vegas Website Designs attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $110 per hour.

Limitation of Liability; Disclaimer of Warranties

You expressly agree that your use of, or inability to use, the functions contained in these web pages or the Internet website is at your sole risk. The functions of the web pages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind.

To the extent not prohibited by law, in no event will Vegas Website Designs be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if Vegas Website Designs has been advised of the possibility of such damages.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Nevada and applicable laws of the United States without regard to conflicts of laws principles. Any claim concerning, relating to or arising out of this Agreement shall be brought solely and exclusively in the applicable state or federal courts located in Clark County, Nevada, and Client acknowledges that no other court(s) will have jurisdiction or venue over any such claim.  Client expressly consents to the personal jurisdiction and venue of the applicable state or federal courts located in Clark County, Nevada.

Indemnification of Company

Client will indemnify, defend and hold Vegas Website Designs, its affiliates, directors, officers, executives, shareholders, employees, agents, attorneys and representatives harmless against any and all claims and causes of action whatsoever including those arising from, based on, or relating in any way to (a) Company’s use of materials provided by Client, (b) any disruption or other problem caused by any third-party service utilized by Client such as merchant accounts, shopping carts, shipping, hosting services, credit card processing and other services that relate to the ownership and operation of optimization, marketing or multimedia projects, (c) Client’s breach or default under any provision in this Agreement, (d) Client’s unlawful acts or willful misconduct during performance under this Agreement on behalf of Client, or (e) the use of any copyright, trademark, service mark, slogan, logo, trade dress, trade name, content or other materials provided or made available by Client that allegedly infringes or misappropriates a copyright, trademark, or other intellectual property of another person.  Included in this obligation is the requirement that Client pay any and all attorney’s fees, expenses and costs incurred by Company.

Severability

If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. This contract cannot be transferred to anyone else without our permission.

Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Vegas Website Designs reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact us with any questions regarding the Vegas Website Designs terms of service by email hello@vegaswebsitedesigns.com