Phoenix Rising Terms and Conditions
Phoenix Rising is a small business focused on providing detailed, personable, and professional website and internet marketing services to fellow small businesses and individuals. We strive to meet all goals and deadlines and schedule our clients' projects accordingly. We believe that Phoenix Rising and the client should work as a team to create the project.
Website Design and Work Projects
Just as our clients rightly expect quality work in a timely fashion, we expect timely payment for services rendered as per agreed. Unfortunately, due to recent experiences with many clients not paying as per agreed or not providing the necessary content needed to complete their projects, Phoenix Rising has had to implement the following changes:
- For all new projects - 50% of the quoted price will need to be paid in order to schedule and begin work. Payment of the remaining balance will need to be paid in full before turning your project on live.
- For SEO services - if payment has not been received by the 5th of a month, then services will not be provided for that month.
- If you are to provide us materials to add to your site (ie, product descriptions, article content, website content, etc) in order to complete your project, and you fail to deliver said materials within the agreed-upon time frame, your project will be taken off of the schedule. Once you have provided said materials, then we will re-add your project to our schedule in the next available date.
Hosting Services - Billing
- Hosting invoices are sent out 10 (ten) days prior to payment due date.
- Hosting accounts are suspended for non-payment 7 (seven) days after the payment due date. Accounts are automatically un-suspended upon receipt of payment.
- Hosting accounts are terminated for non-payment 15 (fifteen) days after the payment due date.
- The first over-due notice is sent 1 (one) day after the payment due date.
The second over-due notice is sent 4 (four) days later, the 5th day after the payment due date.
- A late fee is added on the 5th day past the payment due date. The late fee is either 10% of the total owed, or $3.00, whichever is less.
- We do not store your credit/debit card details in our database, not even for repeat billing.
Hosting Services - General
- We do NOT allow the following types of websites to be hosted through Phoenix Rising Web Services:
- Websites that contain pornographic material: picture/video directories, e-commerce stores, blogs, dating sites, or is otherwise deemed "adult" in nature and content.
- Websites that promote illegal activity, racism, hate, violence, discrimination, or talk about harming another person, race, or religion. Or which are libelous, defamatory, racist, hate-crime oriented, obscene, abusive, harassing or threatening. Or provide instructions or discussions about performing illegal activities.
- Websites that contain harmful scripts, such as malware, trojans, viruses, etc. Your website can NOT contain any scripts or programs that automatically download files or scripts onto a visitor's computer without their full and complete knowledge and authorization.
- Websites that violate the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity.
- You are responsible knowing all username and password logins you create. Please write them down as you create them and keep them in a safe place. We can re-set them for you, but there will be a $5.00 charge for each time we are asked to re-set login details for hosting cPanel access, email accounts, etc.
- You must create a support ticket account in order to submit a ticket. This allows both you and Phoenix Rising Web Services to have a record of interaction and to make sure projects are done in a timely fashion.
- Inactive support tickets are automatically closed after 5 (five) days (120 hours).
- After 3 (three) failed login attempts to your billing and support ticket account, you must wait at least 20 (twenty) minutes before attempting to login again.
Liability and Indemity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO SOLICITOR'S /ATTORNEY'S FEES AND COURT COSTS) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT, YOUR WEB SITE, OR ANY THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
- ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES;
- ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
- ANY WARRANTIES AGAINST NON-INFRINGEMENT;
- ANY OTHER IMPLIED WARRANTIES ARISING FROM AN ALLEGED COURSE OF DEALING OR OF PERFORMANCE. IN NO EVENT SHALL PHOENIX RISING WEB SERVICES, ITS AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, LOST PROFITS, OR DATA). OUR LIABILITY WILL NOT EXCEED THE FEE PAID BY YOU (IF ANY) FOR THE SERVICE IN THE TWELVE PRECEEDING MONTHS.
We reserve the right to alter these terms, and those listed in our New Client packets, at any time as the need arises. All clients will be made aware of the changes as (and if) they arise.