Under this agreement, at no time shall a
Charged an hourly rate for any services rendered by
Howard's Web Design.
Charged a per page fee for any websites developed by
Howard's Web Design.
Limited to a set numerical amount of images, graphics, or
any type of file; these limitations will solely be determined by the
amount of storage space a customer has its web server.
Charged a fee for the scanning of images.
90-Day Agreement Maturity Period
issued by Howard’s Web Design comes with a 90-day agreement
maturity period, meaning there will be a 90-day time frame
before a customer will become fully bound by all agreed upon
terms within its said agreement with Howard’s Web Design.
This 90-day period will begin when a customer’s account set-up
is complete and will expire on the 90th day of the said date.
Within this period a customer may cancel its agreement with
Howard’s Web Design without being obligated to pay the monthly
service charges outside of this 90-day period. The customer
would only be obligated to pay the monthly service charges for
the 90 days. Once the 90-day maturity period has expired the
customer’s agreement with Howard’s Web Design will be
considered mature and the customer will be bound to fulfill
all financial commitments of monthly service charges until the
expiration of the agreement. NOTE: A cancellation of service
request made after the 90-day maturity period and before the
expiration of the existing agreement will require a cancellation fee
A cancellation of
service request initiated by a customer must be submitted in
writing to our office by a customer’s primary
via email or fax accompanied by the customer's account
name. If this request is received without the
account name, the customer’s primary contact will be
notified via email and/or fax for the account name in
order to authorize this cancellation. Upon receipt
of a valid cancellation of service request the
be notified of the exact date of when the
cancellation will be final. All agreement cancellations will require a
cancellation fee of
Once this fee has been received, any and all files and
services established, developed, and maintained by Howard's
Web Design and its affiliated partners will be permanently
deleted from its web server.
Howard's Web Design
Howard’s Web Design reserves the right to cancel a customer’s
service agreement due to: (1) non-payment of services in
excess of 10 days beyond the due date, (2) it is
discovered that a customer is using a website developed by
Howard’s Web Design for the selling/informing of products
and/or services deemed illegal by any branch of the United
States government or are associated with another entity which
participates in the selling/informing of these illegal
products and/or services, (3) it is discovered that a customer
is using a website developed by Howard’s Web Design for the
selling/informing of pornographic products and/or services or
are associated with another entity which participates in the
selling/informing of pornographic products and/or services,
and (4) an order from any branch of the United States
government calling for the discontinuation of a customer’s
business and/or website operations.
Web Design also reserves the right to cancel a customer's
service agreement for purposes not listed above ONLY if the
purposes are relative to the above items and/or are in any
violation of our policies and procedures.
All service agreement cancellations initiated by Howard's Web
Design will not require a cancellation fee of
any and all files and services established, developed, and
maintained by Howard's Web Design and its affiliated partners
will be permanently deleted from its web server.
Each agreement made with Howard’s Web Design contains an
error-free commitment, which means any and all websites
developed by Howard’s Web Design will contain no defined
errors (listed below) created by our staff. Defined errors
include, (1) incorrect image rollover buttons and hyperlinks
(e.g. an “About Us” hyperlink that links to a “Contact Us”
webpage), (2) incorrect spelling of a customer’s company name,
logo, and/or slogan, (3) non-customer provided spelling
errors, (4) incorrect information regarding a customer’s
address, contact information, and/or hours of operation, (5)
accidental deletion of a customer’s website (s), (6)
unsecured/unencrypted web pages that were specified by the
customer to be secured/encrypted, (7) incorrect spelling
and/or labeling of a customer’s products and/or services, (8)
incorrect pricing and/or images of a customer’s products
and/or services, (9) incorrect descriptions of a customer’s
products and/or services, (10) incorrect labeling of a
customer’s staff members (if applicable), (11) incorrect
information regarding a customer’s various sales events, and
(12) incorrect information pertaining to a customer’s policies
and/or procedures. If it is found that a website developed by
Howard’s Web Design contains any of the above defined errors,
the customer will receive a free month of service for the
month the error (s) was/were found. If the error is found after the
customer has already paid for the month of service, then the
customer shall receive free service for the following month.
Please see the “Reporting
Defined Errors” section below for instructions on
notifying Howard’s Web Design of any defined errors found.
Incorrect Customer Spelling and Information
By default it is assumed that all information submitted to
Howard’s Web Design by the customer is free of any errors;
However, Howard’s Web Design will carefully review all
information submitted by the customer and attempt to eliminate
any possible overlooked errors before the launching of the
customer’s website (s). If however, errors are still
overlooked and published on the customer’s website (s), this
will not result in a free month of service as this
will be considered as an error created by the customer and not
by our staff.
Reporting Defined Errors
A customer may report any defined errors found on their
website (s) by contacting Howard’s Web Design in writing by fax
or email (recommended). Found defined errors submitted
via email should be directed to our office. In the “Subject” line simply type the
words “Defined Errors” or “DE”. In the body of the email
state on what page (s) the error (s) was/were found and where it was
located on the page (s). Also, include what the error
was, how and when your company submitted the information, and
what the correct information should reflect. For example, “On
of my company’s website an error was found in the second
paragraph. In the paragraph it stated that our home office is
located in Columbus, OH, but in the information we submitted
to your company via email on 01/23/2002 it shows that our home
office is located in Columbus, GA.”
If a customer wishes to report
any defined errors via fax, they may do so by following the
same procedures listed above for reporting errors via email,
but we ask that the error-defining information is typed rather
than handwritten in order to avoid any legible writing issues
and future errors. If a customer still prefers to submit
this information in a handwritten format and the staff at
Howard's Web Design can not decipher all or parts of this
information, Howard's Web Design will make a minimum of two
attempts to contact the primary and/or secondary customer
contacts to clarify this information. If Howard's Web
Design is unsuccessful in contacting the customer, no changes
will be made to the customer's website (s) until this
information can be clarified.
NOTE: This defined error
clause ONLY applies to a customer's account after the
website (s) has/have been published on the Internet for
viewing by the general public.
Defined errors found prior to the publication of a customer's
website (s) will not result in a free month of service.
All accounts are
charged on a per domain (eg. www.mydomain.com) basis. By default all
customers of Howard's Web Design are billed on a quarterly
basis of three (3) months at a time. However, customers
do have the option of paying for our services on a yearly
basis. Customers who do wish to pay for our services on
a yearly basis will receive a 5% discount. All billing
cycles begin once a customer's account has been established
and all initial setup fees have been paid in full. Any
customer failing to pay for services in excess of ten (10)
business days from the due date may be subject to an
All agreements with Howard's Web
Design are offered on an annual (12 month) basis and there are
no renewal fees associated with renewing an agreement.
The customer will be notified three months prior to the
expiration of the initial agreement, at which time the
customer may opt for a new agreement to take effect
immediately after the expiration of the initial agreement.
Upon the initiation of the new agreement the customer’s
services continues as it did with the previous agreement.
There are no new set-up fees for services already
established by the customer in the initial agreement.
information at Howard’s Web Design is held in the strictest
confidence. Customers' information will not be sold to any
entity of any kind for financial gain, nor will a customer's
information be shared with any entity of any kind without
expressed written consent from the customer.
For fair business purposes, a qualified referral is
defined as a company that has been referred to Howard's Web Design for
our services by a customer and actually signs-up. Upon receipt of a
qualified referral from a customer, the customer will be entitled to 1
(one) free month of service per each qualified referral received and
is limited to the amount equal to the number of months in a customer’s
agreement. This free month of service reward DOES NOT
include any optional services a customer may have. NOTE: For the
practice of good business, a valid referral can not be taken until the
referring customer's site is up and running first unless written
permission is given by the customer. This will
ensure that your site is developed first before attempting to take on
a referred customer's site.
All information and files to be published on a customer's
website can either be emailed or mailed to us. Information should
be submitted as such:
All text information can be
submitted via mail, fax, or email (recommended). If sending information by
mail, the customer should use some type of express service and
require a signature upon delivery. This ensures that your
delivery arrives in a timely manner and to the correct
location. Our complete mailing address can be found on our
contact page. Please be sure to include your account
name on the first page of the information being submitted.
NOTE: Howard's Web Design is not responsible for the
loss or damage of any item (s) sent to our office.
If sending information by fax,
standard faxing procedures should be followed. This includes
a completed coversheet with the customer’s account name
clearly printed on the front and followed by the actual information to be
published. Customers may fax their information to
If sending information by email, customers my place the text
information within the message or attach the document (s) to
the email. We accept
text file formats for Microsoft Word (.doc), Microsoft Works
(.wps), Acrobat (.pdf),
and Notepad (.txt). When sending information by email,
please be sure to include your account name within the body
of your message.
Digital Images and Photos
image files can be
submitted by email as an attachment. When using a
such as a digital camera to capture the desired
images, we recommend you use a device with at least a resolution
scale of 600 x 600 dpi. Any images captured
device lower than our recommended resolution scale may
cloudy and distorted, which will ultimately give your
very unprofessional look. We accept all image
the following extensions: .iff, .dxf, .gif,
.cgm, .cmx, .cdr,
.lbm, .cut, .eps, .ai, .ps, .fpx, .img, .hgl, .hpg,
.jpg, .jif, .jpeg, .kdc, .pcd, .pic, .pct, .mac, .drw,
.jsl, . pfr, .tub, .pbm, .pgm, .png, .ppm, .raw, .sct,
.bw, .rgba, .sgi, .ras, .tif, .tiff, .tga, .gem, .clp,
.rle, .bmp, .dib, .wpg, .dcx, and .pcx.
All photos can be submitted by
mail. When submitting photos by mail please follow the same instructions
listed above for mailing text information.
NOTE: Howard's Web Design has a library of digital
images and photos ready for use, but if a customer desires a
more personal look with images and photos of employees and
products, these should be taken directly by the customer.
Database Management Policy
Howard's Web Design does not and will not enter or
manipulate any information pertaining to our customers'
customers and therefore is not responsible for any form of use of this
information. All customers of Howard's Web Design wishing to
utilize our Internet database management services will be required to
enter their own customers' information via an Internet database
interface developed by Howard's Web Design. These database
interfaces will be developed per the customer's specifications.
All customers and
users may only
download material displayed on our website for non-commercial,
personal use provided you also retain all copyright, trademark,
and other ownership notices contained in the material and do
not modify or alter the material. Tampering with our
website or conducting any fraudulent activities while using our website is
Howard's Web Design
works diligently to ensure that our website is free of any
errors; However, this does not guarantee that our website will
always be error-free. All errors will be corrected upon
discovery. Howard's Web Design reserves the right to
revoke and/or deny any stated offer for the correction of
errors discovered on our website, even if a customer has
signed-up for any of our services due to a stated offer.
External (Third-Party) Websites
Howard's Web Design
is not responsible nor are we liable for the operations and/or
content of any websites accessed through the Howard's Web
Howard's Web Design
reserves the right to modify any parts of our policies and/or
procedures without notice to any non-customer. Customers
of Howard's Web Design will be notified of any modification to
our policies and/or procedures sixty (60) days prior to the
changes going into effect.
Howard's Web Design
reserves the right to modify any prices and/or services offered
without notice to any non-customer. Customers of
Howard's Web Design will be notified of any modification to
our prices and/or services offered sixty (60) days prior to the
changes going into effect.
The Howard's Web
Design website is provided on an "AS IS," "as available"
basis. We Do not warrant that use of our website will be
uninterrupted or error-free nor do we warrant the
accuracy and/or completeness of the content provided on
our website or services offered.
All customers and users of the Howard's Web
Design website expressly agree that any use of this site is
done so at your sole risk.
Under no circumstances
shall Howard's Web Design nor its affiliates or customers be
liable for any direct, indirect, incidental, special or
consequential damages that result from the use of or inability
to use our website. This includes but is not limited to
reliance by a user on any information obtained on our website,
or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays
in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications
failure, theft, destruction or unauthorized access to Howard's
Web Design records, programs or services. This
limitation of liability shall apply even if Howard's Web
Design has been advised of the possibility of such damages.
All customers of Howard's Web Design agree that our entire
liability and any exclusive remedies with respect to any
services provided under this agreement and/or for any breach
of this agreement is solely limited to the amount the customer
has paid for such services during the term of this agreement.
While Howard's Web
Design provides many services to try and make our customers
successful, we do not and can not guarantee that our customers
will be a success just by signing-up for our services.
The success of our customers will ultimately depend upon elements such as
competitive prices, quality products and/or services, customer
service, location (if applicable), convenience, etc.
© 2003 Howard's Web Design, L.P.
Howard Basic and Howard Super are registered service
marks of Howard's Web Design, L.P. All other trademarks and
service marks are the property of their respective owners.