Rock Web Designs LLC
Legal Terms & Conditions
This Agreement is between Rock Web Designs LLC (“Rock” or “Us” or “We”) and You, the Client (“You” or “Your” or “Client”).
- General Terms
- These general terms apply to all transactions with Rock Web Designs LLC.
- Merger Clause.
This contract governs the entire agreement between Client and Agent. No oral representations have been made that were not included here. All agreements are merged into this one.
III. Forum Selection.
This agreement is performable and enforceable only in the Courts of Williamson County, Texas. The parties agree to submit all disputes to and file all disputes in Williamson County, Texas.
- No Reliance.
Client has not relied on any representations or promises by Agent, other than those made in this agreement.
- Waiver of Liability.
Client Agrees to waive any cause of action for and hold Agent harmless of negligence, gross negligence, interference with business, conversion, trespass to chattels, false imprisonment, fraud, copyright infringement, theft of intellectual property, and any other cause of action.
Additionally, client understands that Rock Web Designs cannot prevent all hackers from accessing information. Therefore, Client agrees to hold Rock Web Designs harmless from any actions and resulting issues caused by hackers.
- Liability Limited to fees paid.
Client agrees that if suit is every brought against Rock Web Designs LLC, Client is responsible for Client’s own legal fees, including but not limited to court fees and attorney’s fees. Client agrees that Rock Web Designs LLC will only be liable for up to the total amount paid by Client to Rock Web Designs LLC. Client agrees to waive and hold Rock Web Designs LLC harmless from any exemplary damages, treble damages, or any other multiplier of damages.
VII. Customer Service Contact Info.
If you need to contact us for service on your website or hosting account:
Snail Mail: P.O. Box 782, Hutto, Texas 78634
Note: Please check the website for the most current contact information!
VIII. Refund Policy.
Because websites are custom designed and built and consist of computer coding that is easily the target of intellectual property theft, there is generally no refund/return available on a website. However, if Rock Web Designs does something to cause your website to not function properly and it causes functional issues with your website or customers, Rock Web Designs will repair the website at no additional cost to you. If Rock Web Designs is unable to repair the website, it will either offer to build you a new website, or refund the amount paid to Rock Web Designs.
If anyone other than Rock Web Designs is responsible for breaking Your website, Rock Web Designs is not obligated to fix the website. However, for an additional cost, Rock Web Designs will repair the website. Please note that your website can be invaded by hackers through a number of methods. For this reason, we recommend you look into our Maintenance Plans.
If you notice an issue with your website, email email@example.com immediately so that we can work with you to rectify the issue.
How does an account get terminated? If your account is doing illegal things, the government may seize your web domain. Aside from that, accounts will generally only be terminated for breach of contract, including non-payment.
Additionally, our hosting servers are not designed for high-bandwidth usage, such as media streaming services. Therefore, any use of unreasonably high bandwidth amounts is cause for termination of the account. This is further discussed under the Excessive Bandwidth section below.
If Your account is terminated: If you are under a contract, you will still be liable for any fees owed under the remainder of the contract, even if your account is terminated. You agree that your card on file may be charged for the full remaining amount of the contract.
Rock Web Designs does not sell or share your information with anyone other than: Employees or Independent Contractors of Rock Web Designs, and any third parties necessary to assist you with your services, such as merchants. We do not sell or share your information with parties irrelevant to your account.
- Liquidated Damages
If Client breaches the contract, Client agrees to pay liquidated damages as follows:
For any contract purchases, client agrees to pay the remaining balance on the contract as liquidated damages. A contract purchase is one that has a fixed term of months associated with it. For example, if you agree to a discounted website and hosting package of $50/month with a minimum of 12 months, and you cancel at month 7, you will still be responsible for the remaining 5 months of payments.
XII. We reserve the right to refuse certain websites.
Rock Web Designs reserves the right to refuse to build or host any website that Rock Web Designs finds unconscionable or promoting illegal things or hate speech.
XIII. Delinquent Accounts
A delinquent account is defined as an account in which payment is not current, or the account is over any quotas for that particular account. Quotas include bandwidth usage, hosting space, and email storage space.
If your account becomes delinquent:
Days 1-7 of delinquency: We will send you reminder emails to get your payment information updated.
Days 8-60: We will suspend your account, meaning your website will no longer appear to the public. If you get caught up on payments during this time, we will unsuspend your account so that your website works properly again.
Day 61: We terminate your account, which means everything associated with your account is deleted. Your website and all files will be permanently deleted and unrecoverable.
XIV. Excessive bandwidth.
If your website uses excessive bandwidth, you will either
- a) Be given the option to pay additional amounts for extra bandwidth, or
- b) Your hosting account will be terminated. Under normal circumstances, we will generally give a reasonable warning ahead of time about excessive bandwidth usage.
Excessive bandwidth is defined as an account that exceeds its bandwidth allotment in any given month.
Our servers are not designed for heavy bandwidth usage such as media streaming services. If you envision yourself having high bandwidth needs, discuss this with us ahead of time and we will work to find you a solution.