Home  |  Services  |  About Us  |  Portfolio  |  Work In Progress  |  Resources  |  Get a Quote  |  Photography  |  Contact Us

    


Dallas Website Design Company
- Terms of Service (TOS)

Below are our Terms of Service and Service Level Agreement. Please read them carefully before you purchase a web hosting package. This is the "fine print" and should be taken seriously.

Use of Dallas Website Design Company Hosting constitutes acceptance and agreement to Dallas Website Design Company AUP (Acceptable Use Policy) as well as Dallas Website Design Company TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, and “ours” shall constitute reference to Dallas Website Design Company, and the usage of “you”, “your”, “they”, and “them” shall refer to client / customer of Dallas Website Design Company.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Dallas Website Design Company, that you are agreeing to our TOS, AUP, and SLA. No modifications of said contract by customer are allowed.

2. Dallas Website Design Company will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay Dallas Website Design Company any additional fees as specified in the Service Description. If additional payment is not received, Dallas Website Design Company may suspend your account until payment is received.

Payments and Fees

Payments
Establishment of this service is contingent upon receipt of payment from Customer to Dallas Website Design Company. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service interrupted for non-payment is subject to a $25.00 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee.

If your credit card information has changed, then you must notify us immediately so we may change this information. If on your bill date, your credit card is declined, or payment is not made, you will get a notice that your account will be suspended in 5 days. If after this notice and 5 days has passed your account may be interrupted temporarily and an email will be sent to the address on file to notify you of this problem. If payment is not arranged within 14 days, we will close your account, and any files will be lost. All prices are in US Dollars (USD). Any other payments, such as check or bank transfer must be received to be posted by the due date for your account.

Any additional services relative to a primary hosting account will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Credit Card Payments
We are happy to accept Visa, MasterCard, American Express cards for payment. We use various fraud prevention methods to protect us, our merchant account, our bank and the customer who owns the credit card being used. This includes tracking the IP number and ISP of the person who is using the credit card, verifying the card matches the Zip Code and Address of the cardholder. If anyone attempts to obtain service using a fraudulent or unauthorized credit card, your hosting account will be terminated without warning, we will have the right to place an 'account suspended' page on your IP, and we will cooperate with authorities to report the incident and the information used to obtain the account including your domain name. We will also bill you for all charges to us, including but not limited to bank fees, amounts charged back, plus 5%. We take credit card fraud very seriously. If you have received a credit card statement with our name on it, and did not order our services, please email us immediately. Your credit card statement will be billed as either PayPal or 2CheckOut.com.

Delinquent Accounts
Dallas Website Design Company may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation
All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to sales@Dallas Website Design Company. Confirmation receipt of cancellation will be sent within 24 hours.

If for any reason you are not satisfied with our services, please let us know. We build our services around making hosting simple for the customer and want you to be happy. If for some reason we cannot meet your needs, you may notify us in writing and we will discontinue billing your account at the end of your current bill cycle. No refunds are issued for hosting services already paid for, except during the first 30 days of service.

Refunds and Disputes
All payments to Dallas Website Design Company are non-refundable after Customer's 30-day money-back guarantee period. This includes any setup fees and monthly fees, regardless of usage. If you have elected to have Dallas Website Design Company register a domain name for you, a fee of $20.00 will be deducted from any refunds you request. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback's, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, as well as reconnection fees to restore the desired service.

Data Transfer
Additional data transfer is billed at $1 per 1000 Megabytes/month (or portion thereof). When you exceed, or are about to exceed, we will attempt to send you a courtesy e-mail.

Excessive Resource Usage
Any web site that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. We also may move your site or request cancellation if you use a majority of system resources which affects other users.

Spam Policy
You must not use any Dallas Website Design Company equipment or any Dallas Website Design Company hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the Dallas Website Design Company equipment or any Dallas Website Design Company hosting email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.

When any customer is found to have been engaged in spamming in violation of this agreement, Dallas Website Design Company reserves the right to disable that customer's web site without warning. In addition, Dallas Website Design Company may impose a $200 penalty for each spam policy violation. Dallas Website Design Company solely reserves the right to refuse or cancel service to spammers. Dallas Website Design Company reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Such cancellation of services for cause, specifically the reasons provided herein, shall automatically void Dallas Website Design Company's 30 Money Back guarantee.

We will be the sole arbiter as to what constitutes a violation of this provision. All accounts and customers using our services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

Refusal of Service
Dallas Website Design Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of Dallas Website Design Company's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded including during the 30 Day money back guarantee period.

------------------------------------------------------------------------------------------------

Dallas Website Design Company - Service Level Agreement (SLA) (overview)
(click here for Dallas Website Design Company complete SLA)

Service Credits
Service credits are available for services contracted for, but not delivered according to the service level agreement.  Service credits are not available to customers more than 30 days in arrears on their billing cycle.  Valid approved service credits will appear as a credit for services on the next billable invoice.  Service credits shall not result in monies paid by Dallas Website Design Company directly to the customer.  All service credit requests must be in writing and emailed directly to support@DallasWebsiteDesignCompany.com within 10 days from the date of the service level failure.  Failure to request a service credit within 10 days of the service failure will result in an automatic waiver of any rights under the Master Service Level Agreement.  Normal scheduled maintenance and upgrades are not covered in the uptime guarantee. 
 
99.9% Network Guarantee
Dallas Website Design Company offers a 99.9% uptime guarantee on all network related services (i.e. bandwidth, routers, switches, and cabling,).  The 99.9% uptime guarantee is applicable to all network services delivered to customers via a single independent network drop.  Customer generated outages created by failed equipment, exploited servers, misconfigurations or traffic in excess of the maximum allowed by contract are not subject to the SLA. Service credits are based directly on all equipment and/or services affected by a network outage.  Services or hardware not related to the network outage will not qualify for a service credit.
 
Performance
Dallas Website Design Company guarantees a maximum average 40ms (milliseconds) network route from the input connection in the customer cabinet through the internal network and out to the first BGP peer calculated over a 24 hour period.
 
Availability
Dallas Website Design Company guarantees 99.9% uptime on all redundant internet connectivity.  Connectivity is measured as traffic routing into and out of customer equipment through the internal network out to Internet carriers.  Dallas Website Design Company does not guarantee third party carrier latency or peering problems not utilized by Dallas Website Design Company. 

Performance Credit exclusions

The following are excluded from the monthly calculation of Service Availability:

  • Scheduled maintenance downtime

  • Problems outside of the Dallas Website Design Company network (upstream providers, or client’s inbound connection) not affecting 100% loss to our network

  • Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, third-party software, client abuse or over-utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

We average 99.93% uptime on our virtual hosting servers. Thus, we guarantee a minimum of 99.9% total uptime, or you can receive up to 100% of your monthly fee back.

Definitions

Network Uptime
The total time in a calendar month that the Dallas Website Design Company network is available through the Internet, provided that Client has established connectivity. Dallas Website Design Company takes responsibility for network availability within our network, however, we cannot be held liable for upstream problems (problems outside of our network.) Our guarantee is that our Network will be available to clients free of network outages for 99.9% of each calendar month.

Scheduled Downtime
Any scheduled interruption of Services, either for the purpose of network upgrades, or for the replacement of any equipment in order to provide for better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail. A minimum of 24 hours' notice will be provided.

Unscheduled Downtime
Any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A network outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in the Dallas Website Design Company Network as confirmed by Dallas Website Design Company. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month. Our 99.9% network uptime guarantee does not cover web/database server hardware or software failures, scheduled maintenance downtime, or other exceptions as listed below.

Site Downtime
Encompasses all problems that are not the fault of Dallas Website Design Company, including, but not limited to, improper DNS or email configuration, script problems, and/or other site misconfigurations that are not the fault of Dallas Website Design Company. Fault will be determined at Dallas Website Design Company sole discretion.

    

All website content copyright © 2017 Dallas Website Design Company - SiteMap