Effective Date: [2007-2023]
Please read these Terms of Service (“Terms”) carefully before using the websites and services provided by Sunnvalley Web Design, Graphic Design & Photography Studio (“we,” “us,” or “our”). By accessing or using our websites and services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our websites, products or services.
- Website Usage and Content
1.1 Eligibility You must be at least 16 years old or have the legal capacity to enter into binding contracts to use our websites and services. By using our websites and services, you represent and warrant that you meet these eligibility requirements.
1.2 Website Availability: We strive to ensure that our websites are available and functioning properly at all times. However, we do not guarantee uninterrupted access to our websites or that they will be free from errors or viruses. You acknowledge and agree that we are not responsible for any damages or losses incurred due to the unavailability, interruption, or technical issues of your websites.
1.3 Hosting and Maintenance: If you do not have hosting and maintenance services with Sunnvalley, it is your responsibility to host and maintain your website. We offer hosting and maintenance services upon request, subject to a retainer fee. The terms and conditions of hosting and maintenance services will be provided separately.
- Business Hours and Emergency Requests
2.1 Business Hours Our business hours are Monday to Friday, 9:00 AM to 5:00 PM EST. Please note that our business hours are subject to change without notice.
2.2 Emergency Requests: In the event of an emergency requiring immediate assistance outside of our regular business hours, we may, at our discretion, provide support. Emergency requests may incur additional fees, which will be communicated to you, and potential required before the services are rendered.
- Limitation of Liability
3.1 Viruses and Website Security: While we take reasonable measures to protect our websites and the information contained therein, we do not guarantee that our websites are free from viruses or other harmful or outdated components. You agree that your use of your websites is at your own risk, and we shall not be liable for any damages or losses arising from viruses or other security breaches.
3.2 Website Performance and Downtime: We strive to provide reliable and high-performing websites. However, we do not guarantee the performance or uptime of your website. You acknowledge and agree that we are not responsible for any damages or losses resulting from the performance, functionality, or downtime of your website.
- Intellectual Property
4.1 Ownership: All content, designs, graphics, logos, trademarks, and other intellectual property created by Sunnvalley displayed on our website designs are the property of Sunnvalley LLC or our licensors. You may not use, reproduce, distribute, or modify any of our intellectual property without our prior written consent.
5.1 Modifications: We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective upon posting the revised Terms on our websites. Your continued use of our websites and services after the posting of any changes constitutes your acceptance of such changes.
5.2 Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
5.3 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [New Hampshire]. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [New Hampshire].
6. Design & Content Responsibility
6.1 Design Issues We strive to deliver high-quality designs that meet your requirements. However, we are not responsible for any design issues that arise after the completion of the project, including but not limited to layout inconsistencies, color variations, or compatibility issues with different browsers or devices.
6.2 Content Responsibility: If you are using a Content Management System (CMS) or HTML modifying programs or have multiple users with access you are solely responsible for the content posted or uploaded by those users. We are not, at any time, responsible for any content-related issues, including accuracy, legality, or compliance with copyright laws. You are responsible at all times for ensuring that the content posted on your website is accurate does not infringe upon any third-party rights.
6.3 Third-Party Content: If we incorporate third-party content, such as images, videos, or text, into your website, we will make reasonable efforts to ensure proper attribution and usage rights. However, you acknowledge that we are not responsible for any copyright infringement or licensing issues related to third-party content. You are responsible for obtaining the necessary permissions or licenses for the use of such content on your website.
Please note that these terms regarding design issues and content responsibility apply to websites created by Sunnvalley.
- Payment and Website Suspension
7.1 Late Fees: All invoices are due upon receipt unless otherwise stated. If you fail to pay your invoice by the due date, you will incur late fees. Late fees will be applied to the outstanding balance each month until the invoice is paid in full. The late fee amount and any applicable interest will be specified in the invoice or payment terms.
7.2 Website Suspension: If your invoice remains unpaid for two pay periods beyond the due date, we reserve the right to suspend your website. During the suspension period, your website may become inaccessible, and you may lose access to your website files and associated services. Any outstanding balance, including late fees, must be paid in full to reinstate your website.
7.3 Reinstatement Fee: In the event of a website suspension, a reinstatement fee may be applicable to restore access to your website and associated services. The reinstatement fee will be communicated to you before the reinstatement process. The reinstatement fee must be paid along with the outstanding balance to reinstate your website.
Please note that website suspension and reinstatement fees are measures taken to ensure timely payment and to protect the interests of Sunnvalley.
If you have any questions or concerns regarding these Terms, please contact us at:
Sunnvalley LLC, 63 Harvey Brook Road, Columbia, NH 03590, 603.237.4760