Terms & Conditions

Design Services
Unique PC Designs Ltd. agrees to design and implement a project for the Client in accordance with the specifications and terms and conditions, including compensation and expenses, set forth in document.  Client agrees to pay any sales tax, use tax, or similar tax, if any, on all services and products provided hereunder. 


User Acceptance
After the installation of any Work Product on the Site, Unique PC Designs Ltd. may request Client, in writing or verbally, to perform acceptance tests with respect to such Work Product.
If Client determines that the Work Product does not conform to the specifications or standards required under this Agreement, Client shall notify Unique PC Designs Ltd., specifying in reasonable detail the respects in which the Work Product is deficient. 
The absence of notification of defects by Client, within ten (10) business days from a written notice from Unique PC Designs Ltd. shall signify Client's acceptance of the Work Product.  Within five (5) days (or such time as it’s agreed in writing by the parties) following receipt of any notice of deficiency, Unique PC Designs Ltd. shall, at no additional cost to Client, take all steps necessary to correct such deficiencies. 


Ownership
All copyrightable aspects of the web site created or supplied by Unique PC Designs Ltd. shall be deemed a Work for Hire pursuant to the Copyright Laws of the United States, and Client shall, upon payment of all compensation, be deemed the author and owner of all the Copyright thereto.  Alternatively, in the event (and to the extent) that the Work Product (or any portion thereof) is found as a matter of law not to be a Work For Hire, Unique PC Designs Ltd. assigns to Client its entire right, title and interest in said Work Product, including all patents, copyrights, trade secrets and other proprietary rights.  This assignment is conditioned upon full payment of the compensation under this Agreement. Nothing in this Agreement shall prevent Unique PC Designs Ltd. from designing and/or implementing Web Sites for any other person or firm.


Performance Warranty and Remedy
Unique PC Designs Ltd. warrants that all services provided hereunder will be in conformity with the specifications and will be performed consistent with generally prevailing professional or industry standards and the Web Site will function with properly configured web browsers such as Netscape 5+ and Internet Explorer 6+.  Client must notify Unique PC Designs Ltd. of any deficiencies in Unique PC Designs Ltd. services in writing and within 30 days of performance to receive warranty remedies for such deficiencies. 
Client's sole and exclusive remedy for breach of said warranty shall be the re-implementation of Unique PC Designs Ltd. services. 


Warranty of Title and Indemnity
Unique PC Designs Ltd. warrants that the Work Product created or supplied by Unique PC Designs Ltd. will not infringe the intellectual property rights of any third party.  Unique PC Designs Ltd. agrees to indemnify and hold Client harmless from any costs, expenses (including reasonable attorney's fees) or liability arising from any claim that the design services or Work Product provided by Unique PC Designs Ltd. infringe the intellectual property rights of any third party.
Client warrants that all text, graphics, photos, designs, trademarks or other materials provided by Client to Unique PC Designs Ltd. for the design of said Web Site are owned or licensed to Client for use therein, and may be used lawfully on the Internet.  Client will indemnify and hold Unique PC Designs Ltd. harmless from any costs, expenses (including reasonable attorney's fees) or liability arising from any claim that such materials infringe the intellectual property rights of any third party or constitute an unlawful or illegal use or violate the rights of any third party. 


Completion Date

Unique PC Designs Ltd. and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website on the due date.  If the client does not provide complete text and graphics content for all web pages before the expected completion date of this project, the entire amount of the contract becomes due and payable.


Termination
This Agreement may be terminated on written notice by either party for material breach of this Agreement provided the terminating party has given the breaching party at least 14 days written notice of and the opportunity to cure such breach.  Termination for breach does not constitute a waiver of any other rights or remedies the non-breaching party may have for breach of this Agreement.


Development Termination
The contract can be terminated by Client on a written notice.  In the event of such termination, ½ of the cost estimate shall be non-refundable.  In addition, Unique PC Designs Ltd. must be reimbursed for any additional hours spent beyond ½ of the project cost estimate, at $90/hr.


Monthly Support Termination
The monthly support contract will be automatically renewed until terminated by the customer. The contract can be terminated by Client via a written notice prior to start of the month. Unique PC Designs Ltd. will not issue any partial credit for the month during which the termination is requested.

 

Service Agreement

The Unique PC Designs Service Agreement is a separate agreement between Unique PC Designs and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using Unique PC Designs services. Contact our sales department for any clarifications.

 

Link: Service Agreement

 

 

Resource Usage Policy

 

The Site5 Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using Site5's services. Contact our sales department for any clarifications.

 

Link: Resource Usage Policy

 

 

Domain Registration Agreement

 

The Unique PC Designs Domain Registration Agreement is applicable for all domains registered by or transferred to Unique PC Designs by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.

 

Link: Domain Registration Agreement

 

 

Content

 

All services provided by Unique PC Designs Ltd.Co. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited.

 

This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Unique PC Designs Ltd.Co from any claims resulting from the use of the service which damages the subscriber or any other party.

 

Note: Pornography and sex-related merchandising are prohibited on any Unique PC Designs Ltd.Co server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Unique PC Designs Ltd.Co servers or any other server on the internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

 

Copyright Violations

 

Unique PC Designs will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

 

Systems Resouce Usage

 

If Unique PC Designs system administration team determines that an account is utilizing an unacceptable amount of system resources, Unique PC Designs may temporarily deactivate the account in question. If Unique PC Designs staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; Unique PC Designs will do all it can to assist customers prior to this scenario.

Unique PC Designs Ltd. Co. will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

 

Link: Resource Usage Policy

 

 

Backups

 

Unique PC Designs performs nightly backups of shared servers; however, these backups are for Unique PC Designs administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Unique PC Designs does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Unique PC Designs part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

 

Unsolicited Email (SPAM)

 

SPAMing, or the sending of unsolicited email, from a Unique PC Designs Ltd. Co. server or using a return email address that is maintained on a Unique PC Designs Ltd. Co server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Unique PC Designs network also constitutes as a violation of this provision. Unique PC Designs Ltd. Co will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

 

Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

 

Support Abuse

 

At Unique PC Designs, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

 

 

Server Abuse

 

Any attempts to undermine or cause harm to a Unique PC Designs Ltd Co. Internet Solutions server or customer of Unique PC Designs Ltd. Co. is strictly prohibited.

Unique PC Designs Ltd Co. will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. Unique PC Designs will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

 

Cancellation

 

 

Cancellation

 

Cancellations are processed by our Billing department during normal business hours. To cancel an account, submit your cancellation

request to Billing via email or through a support ticket. To expedite your request, be sure to include the following information:

 

Primary domain on the account

Answers to your two selected security quesitons

Verification that you have downloaded a backup of all necessary files

 

The above information is required for the protection of all customers.

 

Failure to Follow Policies

 

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Unique

PC Designs discretion). Any accounts and/or servers contained within Unique PC Designs network must adhere to the above policies.

 

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your

rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account

deactivation the second offense, but no warning is required.


Unique PC Designs Ltd Co. reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

 

 


Disclaimer and Limitation of Liability
With the exception of the express warranties in this Agreement, Unique PC Designs Ltd. does not make ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, and ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


Unique PC Designs Ltd. maximum liability to Client for any and all losses, claims, damages or liability of any kind (including but not limited to contract or tort) with respect to the services provided by Unique PC Designs Ltd. and any act or omission of Unique PC Designs Ltd. shall be limited to the amount paid by Client to Unique PC Designs Ltd .under this Agreement.  In no event will Unique PC Designs Ltd. be liable for any indirect, incidental or consequential damages, even if Unique PC Designs Ltd .has been advised of the possibility of such damages.


Modifications of the Agreement
Modifications of the Agreement must be written, except that the invoices may include, and the Client shall pay, fees or expenses that were orally authorized by the Client in order to progress promptly with the work.


General
Unique PC Designs Ltd. is an independent contractor, and neither Unique PC Designs Ltd. nor Unique PC Designs Ltd .staff shall be deemed employees of Client.


No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of this Agreement.  If any provision of the Agreement is or becomes illegal or otherwise unenforceable, such provision will not invalidate the other provisions hereof; provided however, that if Unique PC Designs Ltd. determines that any such unenforceable provision is essential, it may terminate this Agreement.


This Agreement is governed by the laws of the State of Oklahoma.  The parties agree that the courts (state and federal) located in Oklahoma, will have exclusive jurisdiction to determine the validity, construction and performance of this Agreement and the legal relations between the parties.


This Agreement constitutes the entire Agreement between Unique PC Designs Ltd. and Client, and supersedes all prior agreements, proposals, representations, or other communications, relative to the subject matter hereof.  Paragraph headings are included for convenience and are not to be used to interpret this Agreement.