The Customer understands that IvyRose Creations has the necessary qualifications, experience and abilities to provide services in connection with the business of the Customer.
Customer shall not hold IvyRose Creations and/or staff responsible for any breach by the Customer of these Terms & Conditions and any brought claim brought against IvyRose Creations by a third party resulting from the provision of services by IvyRose Creations to the Customer and the Customer’s use of services and/or servers including, but without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal fees and expenses), howsoever suffered or incurred by IvyRose Creations in consequences Customer’s breach or non-observance of this agreement.
IvyRose Creations is agreeable to providing such services to the Customer, on the terms and conditions as set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
Engagement
The Customer hereby agrees to engage IvyRose Creations to provide the Customer with services consisting of Website Design, Maintenance, Domains, and Hosting Services, and such other services as the Customer and IvyRose Creations may agree upon from time to time (the “Services”), and IvyRose Creations hereby agrees to provide the Services to the Customer.
Term of Agreement
The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until completion of the Services.
Performance
Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Compensation
For the Services provided by IvyRose Creations under this Agreement, the Customer will pay to IvyRose Creations compensation in the amount of the service per month or where otherwise stated. All payments are due upon the anniversary date of the services where established (monthly, quarterly, annually, etc) until cancellation notice is given in writing no later than seven (7) days prior to the due date of said service. Accounts are billed fourteen (14) days prior to said due date unless other arrangements are discussed.
If credit card is on file payment will be automatically withdrawn from said credit card on due date of said Customer. Credit Card Charges may appear as “ATB Enterprises” or payments@atbenterprises.com. In the event of a credit card is declined, IvyRose Creations will notify the Customer on record to either pay by other means or change credit card information. If IvyRose Creations does not receive a response within seven (7) days, the account then will be considered past due and account will then be subject to suspension and/or termination of said account.
Mail in payments such as checks or money orders will not be accepted. If these are received they will be returned to sender. Customer is still responsible for account balance.
By using IvyRose Creations pay by PayPal payment option (PayPal), Customer agrees allow PayPal to debit the full amount from Customer’s account (PayPal Account) or from the credit card(s), debit card(s), bank account(s), or other payment methods that are link and/or allowed by PayPal (PayPal Funding Source). It is Customer’s responsibility to keep PayPal Account & PayPal Funding Source current. You agree that PayPal and IvyRose Creations will not be responsible for payments that failed to process due to Customers PayPal Account and/or PayPal Funding Source no longer existing or holding insufficient funds.
Late Penalties
The following penalties will be imposed on the Customer for failing to pay IvyRose Creations in a timely fashion. If account is not current within three (3) days after said due date a 15% late fee will be charged. If the account is not current within fourteen (14) days then a $30 suspension fee will be applied to the account and the account will need to be paid in full before service will be restored.
Return of Property
Upon the termination of this Agreement, IvyRose Creations will return to the Customer any property, documentation, records, or confidential information which is the property of the Customer upon receiving payment in full for account.
Confidentiality
IvyRose Creations acknowledges that a material term of the Agreement with the Customer is to keep all confidential information belonging to the Customer absolutely confidential and protect its release to the public. IvyRose Creations agrees not to divulge, reveal, report or use, for any purpose, any confidential information which IvyRose Creations has obtained or which was disclosed to IvyRose Creations by the Customer.
The obligation to protect the confidentiality of the Customer’s confidential information will survive the termination of this Agreement and will continue indefinitely.
IvyRose Creations may disclose any of the confidential information: to a third party where the Customer has consented in writing to such disclosure; and to the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body. However, IvyRose Creations will first have given prompt notice to the Customer of any possible or prospective order (or proceeding pursuant to which any order may result), and the Customer will have been afforded a reasonable opportunity to prevent or limit any disclosure.
Time of the Essence
Time will be of the essence of this Agreement and of every part hereof. No extension or variation of this Agreement will operate as a waiver of this provision.
The design and graphics are property of said Customer only after account payment in full is received. If account is not current they become sole property of IvyRose Creations.
If site is being designed and account is not current and IvyRose Creations finds that work on a site elsewhere, a fine of $500 will be charged. All accounts will terminate. All files, domains, etc. will be turned over once payment in full is received.
Currency
All monetary amounts referred to herein will be paid in US dollars.
Governing Law
It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Ohio, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Staff Abuse
IvyRose Creations has a zero tolerance policy for any abuse against said staff. Use of foul language, threats, or any other actions that we find abusive may be grounds for immediate suspension and/or termination of said account without refund to Customer.
Cancellations
Customer may cancel any account and/or services via our cancellation request form in our Client area (www.ivyrosecreations.com/clients). Customer bears all responsibility for ensuring an effective cancellation notice to IvyRose Creations of the Customers desire to cancel any said account and/or service. Customer must provide an effective cancellation notice to IvyRose Creations no later than seven (7) days to the payment due date of said account and/or service. All charges will cease immediately upon IvyRose Creations‘ receipt of cancellation notice. If notice is not given within the seven (7) day notice Customer is responsible for any account balance. Cancellation does not absolve Customer of any outstanding financial obligations. Upon receipt of cancellation all files, content, and emails will be terminated and permanently deleted from IvyRose Creations‘ server.
Domain Registrations, Transfers, SSL’s, Dedicated IP’s, and anyone who violates these Terms & Conditions are not refundable upon cancellation.
ALL SALES ARE FINAL. NOT RESPONSIBLE FOR ANY LOST SHIPMENTS IF ANY ITEMS ARE SHIPPED.
IvyRose Creations has the right to make changes without notice to Customer.