Website Development, Ongoing Support and Internet Marketing
All Website design, development, and online marketing related services provided by Elvin Web Marketing LLC, AKA Elvin Web Marketing or EWM, are subject to the following terms and conditions.
Agreement means the Project Proposal, and written acceptance by the client/customer. Agreement also includes the Terms and Conditions and any other attached documents
Estimates & Proposals
Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Proposals that have been written, but not agreed to by the client will only be accepted within 30 days of the proposal date. A new proposal may be drawn up upon request.
Charges & Fees
All new web design projects that equal or exceed $750.00 will be split into two payments. An initial deposit of 1/2 of the total project cost will be due before the project commences. The second payment will be due due upon acceptance of the completed web development project before it is released to the client or published to the internet.
Website projects less than $750.00 will be charged as follows. A deposit of $500. will be charged at the time of the agreement. The final payment will be made upon the approval of the customer that the website is finished and ready for publication.
Any check payments that do not clear will be charged a $39 fee. Elvin Web Marketing LLC holds the right to retain all graphics, and project development until payment is received for such items. (see copyright & ownership clause). An exception is any content or graphics provided by the client,
Elvin Web Marketing LLC accepts payments via Check, PayPal and most major Credit Cards. Your project will not be released to you or uploaded until full payment is received.
Hours of Operation
Our business hours are Monday-Friday from 9am-5pm Eastern Time. If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $100 per hour with an additional charge of $45 per hour for after-hours assistance.
Web Site Design Credit
All Elvin Web Marketing custom web design clients will have a Design by: Elvin Web Marketing link on their website in the footer of the Home page. The link will open in a new browser window. By hiring us to work on your website you are agreeing to this, and that you understand that this link may not be removed without our consent. You may pay EWM a fee of $75.00 to have this link permanently removed. Should you have a new layout designed for your site by a company other than EWM, you may remove the credit from your website. Thank you for your cooperation in this matter as it helps keep our prices down.
Copyright & Ownership
Upon completion of the project, Elvin Web Marketing transfers all rights and ownership of CUSTOM designs and programming written by EWM to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
Elvin Web Marketing reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by EWM but not in legal use by the client.
Elvin Web Marketing reserves the right to display websites and graphics that have been designed by EWM on their website, social website pages and in any marketing material to aid as examples of our work.
Elvin Web Marketing requires a deposit before we begin work on any project. A request to terminate services must be presented to Elvin Web Marketing LLC in writing. EWM has a Guaranteed 90 Day Turnaround for your project. If we fail to complete your project within 90 days of the start date AND you have turned in all content, images and information requested by us AND the you have not made any changes or additions to the project, you will receive a 50% refund within 30 days of your written request. Otherwise, please follow the refund terms below. The client is responsible to provide any and all login information to redirect client domain to the new website. No refund will be allowed if client does not provide that information in a timely basis.
Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.
Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
Elvin Web Marketing will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project. Elvin Web Marketing will aggressively defend any chargeback attempt against us.
Development & Delivery
Elvin Web Marketing appreciates the importance of completing projects in a timely manner. We agree to complete the web design project within 90 days from the date of the agreement. If the client does not supply EWM with complete text, graphic content and other requested materials for the contracted client within 90 days of agreement commencement, the agreement becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to Elvin Web Marketing. EWM reserves the right to charge an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Elvin Web Marketing and the client.
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Services purchased from Elvin Web Marketing are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Elvin Web Marketing be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
Elvin Web Marketing does not design, build or host any website intended to solicit business that is deemed illegal by law, immoral by contemporary community standards or considered to be harmful to children in any way. We reserve the right to end an agreement without notice if in our opinion the purpose of the website is any of the above. NO REFUND WILL BE ISSUED IN SUCH A CASE.
Search Engine Optimization
Term and Termination – This Agreement shall be effective as of the time frame Customer signs up for SEO Services. This Agreement may be terminated by either party by a) upon written notice to the other, b) if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Elvin Web Marketing immediately if a) Customer fails to pay any fees hereunder; or b) if Customer fails to cooperate with Elvin Web Marketing LLC, also known as Elvin Web Marketing or EWM or hinders EWM’s ability to perform the SEO Services EWM was hired to provide.
SEO Services – Elvin Web Marketing agrees to provide Customer with SEO Services as described in this Agreement. EWM is authorized to use the specific keywords and/or phases provided by Customer for development, improving the ranking of, and/or positioning the contents of the Customer’s URL(s) in search engines and/or directories. SEO Services are intended to provide the Customer with preferential positioning in selected search engines and report results on an ongoing and timely basis. SEO Services include:
- Research keywords and phrases to select appropriate, relevant search terms.
- Submit Customer’s pages to search engines and directories as set forth in this Agreement.
- Modify the title tags, meta tags, content, HTML code, URLs and other on-page factors.
- Create positioning reports showing rankings in the major search engines and under which keywords as requested by the Customer.
- Submit articles and other content to relevant websites under the Customers’ brand or name.
- Create and upload videos to search engines and video sharing websites under the customers’ brand or name.
Fees; Limitations on Refunds and Cancellation Fees – Customer agrees to pay Elvin Web Marketing LLC any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any SEO Services. THE CUSTOMER FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY CUSTOMER, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES WHATSOEVER. THE CUSTOMER FURTHER AGREES TO PAY UPON CANCELLATION THE AMOUNT OF ANY CANCELLATION FEES OR OTHER AMOUNTS DUE TO ELVIN WEB MARKETING AS PROVIDED IN THE AGREEMENT. EWM IS HEREBY AUTHORIZED TO CHARGE CUSTOMER’S CREDIT CARD ACCOUNT OR OTHER PAYMENT MECHANISM FOR ANY AMOUNTS OWED FROM TIME TO TIME BY CUSTOMER TO EWM. The customers’ bill becomes due on the monthly anniversary of the agreement. As an example, if the initial payment was made on the 3rd of the month, all additional monthly payments will be due on the 3rd of the month.
For the purposes of providing these services, Customer agrees:
- To provide Elvin Web Marketing with FTP access to its web sites for uploading new pages, and making changes for SEO services or approval to go through a third party.
- To authorize EWM use of all Customer’s logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary by EWM for search engine optimization and/or search engine positioning.
- That if Customer’s web site(s) is light in textual content, Customer will provide additional relevant text content in electronic format for creating additional web pages. Customer agrees to provide content, for example 200 to 500 word “articles” about each of their keyword phrases. If content is not supplied, EWM reserves the right to add content on the Customers’ behalf, with or without prior customer approval.
Search Engines – Selected search engine submissions include:
Customer Acknowledgements – Customer understands, acknowledges and agrees that:
- Elvin Web Marketing has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. EWM will resubmit those pages that have been dropped from the index. EWM reserves the right to fix or change any content that EWM deems to be in violation of specific search engine policies.
- Some search engines and directories may take as long as two (2) to four (4) months, and in some cases longer, after submission to list Customer’s web site(s). Occasionally, search engines and directories will stop accepting submissions for an indefinite period of time. Occasionally, search engines and directories will drop listings for no apparent or predictable reason. Often, listings will “reappear” without any additional submissions. Should the listing not reappear, Elvin Web Marketing will re-submit the web site(s) based on the current policies of the search engine or directory in question.
- Some search engines and directories offer expedited listing services for a fee. Elvin Web Marketing encourages Customer to take advantage of these expedited services. Customer is responsible for all expedited service fees.
Web Site Changes – Elvin Web Marketing is not responsible for changes made to Customer’s web site(s) by other parties that adversely affect the search engine or directory rankings of Customer’s web site(s).
Additional Services – Additional services not listed herein will be provided for a fee of $97.95 per hour. Elvin Web Marketing is not responsible for developing new content or writing new copy for Customer. Customer will be charged an additional fee for writing content, based on the hourly rate of $97.50 per hour.
Indemnification – Customer shall indemnify and hold harmless Elvin Web Marketing and its officers, partners, and employees from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by EWM as a result of any claim, judgment, or adjudication against EWM related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to EWM (the “Customer Content”), or (b) a claim that EWM’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, EWM must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.
Hosting Terms of Service
These Terms of Service (the “Agreement”) are an agreement between Elvin Web Marketing, (“EWM” or “us” or “our”) and you (“Customer” or “Client” or “User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by EWM and of the onlinemarkeinginct.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
- Additional Policies and Agreements
- Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
- Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
- Account Eligibility
- By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Elvin Web Marketing is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may contact us at firstname.lastname@example.org to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your service being denied.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
- The Service and any data you provide to Elvin Web Marketing is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Elvin Web Marketing be held liable for any lost or missing data or files resulting from a transfer to or from Elvin Web Marketing. You are solely responsible for backing up your data in all circumstances.
- Elvin Web Marketing Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “EWM Content”), are the proprietary property of Elvin Web Marketing or EWM’s licensors. EWM Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any EWM Content. Any use of EWM Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any EWM Content. All rights to use EWM Content that are not expressly granted in this Agreement are reserved by EWM and EWM licensors.
- User Content
- You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Elvin Web Marketing that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Elvin Web Marketing a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, EWM does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- Elvin Web Marketing exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through EWM ‘s computers, network hubs and points of presence or the Internet. EWM does not monitor User Content. However, you acknowledge and agree that EWM may, but is not obligated to, immediately take any corrective action in EWM ‘s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that EWM shall have no liability due to any corrective action that EWM may take.
Elvin Web Marketing does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. EWM is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
- Elvin Web Marketing as Reseller or Licensor
Elvin Web Marketing may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Elvin Web Marketing Products”). EWM shall not be responsible for any changes in the Services that cause any Non-Elvin Web Marketing Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non- EWM Products, either sold, licensed or provided by EWM to you will not be deemed a breach of EWM ‘s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non- EWM Product are limited to those rights extended to you by the manufacturer of such Non- EWM Product. You are entitled to use any Non- EWM Product supplied by EWM only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non- EWM Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non- EWM Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
- Third Party Websites
The Services may contain links to other websites that are not owned or controlled by EWM (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
- Elvin Web Marketing as Reseller or Licensor
- Prohibited Persons (Countries, Entities, And Individuals).
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Elvin Web Marketing also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
- Account Security and Elvin Web Marketing Systems.
- It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
- The Services, including all related equipment, networks and network devices are provided only for authorized customer use. EWM may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
- Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Elvin Web Marketing of an issue, we reserve the right to leave access to services disabled.
- Elvin Web Marketing reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
- HIPAA Disclaimer. We are not “HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Elvin Web Marketing does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Elvin Web Marketing is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact us.
- Compatibility with the Services
- You agree to cooperate fully with EWM in connection with EWM’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Elvin Web Marketing is not responsible for any delays due to your failure to timely perform your obligations.
- You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by to provide the Services, which may be changed by Elvin Web Marketing from time to time in our sole discretion.
- You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Elvin Web Marketing does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
- Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Elvin Web Marketing of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Elvin Web Marketing invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
- Late Payment.
All payments must be paid within thirty (30) days of the invoice due date. Any invoice that is outstanding for more than 30 (30) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Elvin Web Marketing may suspend or terminate your account and pursue the collection costs incurred by Elvin Web Marketing, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Elvin Web Marketing will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Abandoned Accounts. If after 60 days, we have been unable to reach you, your website and account will be considered abandoned. We will have the right to delete all files, images and content from our servers. No refunds will be given. Contact Elvin Web Marketing directly after you make a late payment to reactivate the dedicated server.
- Domain Payments.
Domain renewal notices are provided as a courtesy reminder and EWM is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Elvin Web Marketing may report any such misuse or fraudulent use, as determined in Elvin Web Marketing’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
- Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by Elvin Web Marketing. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
- Payment Card Industry Security Standard Disclaimer.
Elvin Web Marketing complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Elvin Web Marketing does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
- Cancellations and Refunds
- Payment Method.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
- Non-refundable Products and Services.
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Elvin Web Marketing’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
- Cancellation Process.
You may terminate or cancel the Services by giving EWM written notice within 7 days of the cancellation or renewal date. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Elvin Web Marketing may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
- Payment Method.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” Elvin Web Marketing will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at:
We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Elvin Web Marketing to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Elvin Web Marketing may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Elvin Web Marketing or others or cause Elvin Web Marketing or others to incur liability, as determined by Elvin Web Marketing in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Elvin Web Marketing shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Elvin Web Marketing may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
- CPU, Bandwidth and Disk Usage
- Permitted CPU and Disk Usage.
All use of hosting space provided by Elvin Web Marketing is subject to the terms of this Agreement and the Acceptable Use Policy.
- Permitted CPU and Disk Usage.
- Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Elvin Web Marketing expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Elvin Web Marketing may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Elvin Web Marketing’s terms and conditions.
- Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
- Bandwidth –
- Uptime Guarantee.
If your website has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Elvin Web Marketing and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact us at 203-882-0171 [within thirty (30) days of the end of the month for which you are requesting a credit].
- Elvin Web Marketing reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by through the user billing tool or through other methods of communication, including notices sent or posted by Elvin Web Marketing
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
- Limitation of Liability
IN NO EVENT WILL ELVIN WEB MARKETING, ITS OWNERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ELVIN WEB MARKETING IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ELVIN WEB MARKETING’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ELVIN WEB MARKETING FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless Elvin Web Marketing, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Elvin Web Marketing and will be held at the AAA location chosen by Elvin Web Marketing in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Elvin Web Marketing will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Elvin Web Marketing alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Elvin Web Marketing in violation of this paragraph, you agree to pay Elvin Web Marketing’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
- Independent Contractor
Elvin Web Marketing and User are independent contractors and nothing contained in this Agreement places Elvin Web Marketing and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
- Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Elvin Web Marketing shall not be responsible for any damages your business may suffer. Elvin Web Marketing makes no warranties of any kind, expressed or implied for the Services. Elvin Web Marketing disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Elvin Web Marketing or our employees.
- Backups and Data Loss
Your use of the Services is at your sole risk. Elvin Web Marketing’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Elvin Web Marketing’s sole discretion. Elvin Web Marketing does not maintain backups of dedicated accounts. Elvin Web Marketing is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Elvin Web Marketing’s servers.
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
- Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ELVIN WEB MARKETING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. ELVIN WEB MARKETING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. ELVIN WEB MARKETING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
- Disclosure to Law Enforcement
Elvin Web Marketing may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
- Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
- Changes to the Agreement or the Services
- Elvin Web Marketing may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Elvin Web Marketing website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
- Elvin Web Marketing reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or Elvin Web Marketing to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
- Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Elvin Web Marketing. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Elvin Web Marketing may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
- Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
- Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.