Description of Service
CreatorShadow provides custom website design and development services and various forums related to websites. The user understands and agrees that CreatorShadow is offering services based on their requests and we offer free suggestions which can be adopted but not required to use our services. Any suggestions adopted from our staff will not be held against us or uses against us in the court of law.
By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms and conditions of usage set forth in this document. CreatorShadow provides its services to you subject to the following terms of service, which may be updated from time to time by us without any prior notice. By visiting the CreatorShadow web site, users agree that they will not use the site for any unlawful activity, or use it in any way that would violate the following terms and conditions.
CreatorShadow SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE THE CLIENT’S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
All site content (text and multimedia) will be the sole responsibility of the client to provide to CreatorShadow. Such should be provided prior to commencing the work.
Client is solely responsible to take proper back-up of all content on their site prior to letting CreatorShadow undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be a responsibility of CreatorShadow under any circumstances.
The Contract does not hold CreatorShadow responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by CreatorShadow on behalf of the client, will remain the property of CreatorShadow and/or it’s suppliers unless otherwise agreed.
Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Fife, WA and under the rules of the American Arbitration Association. If both parties enter into arbitration or if your invoice is sent to collection agency, any and all contracts or deliverables from CreatorShadow will be terminated effective immediately with no further contact until the invoice is cleared in full. Collection agency surcharges will apply to any and all invoices pending over 30 days and in possession of collection agency or legal counsel.
While CreatorShadow will do its best to achieve all deliveries within the estimated time, there may, at times, be the need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottle-necks, resource unavailability due to emergency, communication delays and the like.
Third Party Services
You agree, CreatorShadow will be providing various services through our partners. Even though we choose only reputable companies as our partners, CreatorShadow does not take any responsibility for the services provided by our partners. If you are billed by CreatorShadow for all your services you agree that CreatorShadow and its employees will be representing you as a customer. Based on projects CreatorShadow might use a mix of readymade scripts and custom developed scripts, if you needs are specific to either custom or standard please make sure to mention to us or ask for details before the project is started. We will be responsible to ensure all the scripts and your website is properly working to you satisfaction when the project is complete.
Choice of Law and Forum
Statute of Limitations
Money Back Guarantee
For Hosting Customers we guarantee 30 day money back satisfaction. For some reason CreatorShadow Hosting solution did not meet your requirements, we will refund 100% of the amount you paid for any hosting services. Beyond 30 days, there will be no refunds issued, however based on your case you might get a partial refund.
For Web Design Customers our guarantee is based on the assumption that our design services did not meet at least 50% of your initial business needs. If your business requirements changed since the initial document signing, Refund policy does not apply. If the project is moved into development phase, at this point the design work has been approved, Refund policy do not apply. If a refund is processed, any design elements (including website layouts, graphics, logos, flash) we have designed for you will be sole property of CreatorShadow. All copyrights will be revoked and will be owned by CreatorShadow copying, reflecting our designs will be considered as copyright violation and service agreement violation and necessary legal actions will be taken.
If a Dispute has been filed with your credit card company for the amount of transaction, CreatorShadow will access a $45 fees on your account before a refund is issued. This will cover our expenses for charge back and our time. Hence, please contact us first if you like a refund and if you don’t hear back from us on your request within 7 days then report the transaction to your credit card company. Linkage
CreatorShadow may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CreatorShadow has no control over such sites and resources, you acknowledge and agree that CreatorShadow is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CreatorShadow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
CreatorShadow will provide unlimited concepts for your web design. We assume all your design requests should be requested before you sign off on the layout, anything beyond the sign off, we will have to revisit and charge per item basis for your requests, unless and otherwise agreed before.
Design & Copyrights
We at CreatorShadow promise that your website will be original design unless and until a template is being used as per your instructions. Our design work is copyrighted to you unless a refund has been issued during the design phase. If an outstanding invoice related to the project has not been paid, all development code and design materials used in website development and creation will be property of CreatorShadow and protected by United States Copyright Law. We are not responsible for adding or displaying content on your website nor are we responsible for the content displayed on your website. In case of any copyright infringement brought to our attention you will be given 15 days notice to change the content, upon the due date your website will be suspended.
A project is considered frozen when a client is stalling (more than 2 weeks for clients action during development or design phase or awaiting final payment) on the project and we are waiting for further action from the client. When a project is frozen, any deposit made for the project will be non-refundable; to activate a frozen project there will be a $100 re-activation fee. Money Back Guarantee will be voided for frozen projects, conditions apply as mentioned under Money Back Guarantee in terms and conditions. If there is no action after 3 – 4 weeks (including frozen period) the project will be considered decommissioned and will not be reactivated, unless a full development fees plus reactivation fees are paid.
FREE Technical Support
CreatorShadow provides frees technical support if we develop and design your website. Technical support includes site down time, bugs, site functionality, graphic faults, wrong links, 404 errors and minor changes( < 15 minutes).New Functionality, new graphics, custom work is not included in free technical support.
CreatorShadow will be offering promotional deals to our existing or new clients. The promotional deals are valid within the contract period; if the contract period is voided full price will be charged to your account as your final balance. Any promotional offer or package claimed by the client has its limitations and its clients responsibility to understand the terms before commencement of the project.
No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the CreatorShadow services without prior return agreement from CreatorShadow. You agree not to modify whole or any part of CreatorShadow services till the final payment has been made unless otherwise agreed upon.
CreatorShadow guarantees 99.9% uptime for our hosting servers, if your website is down for more than 20 minutes within any consecutive 24 months period we will credit your account with free month of hosting. 20 minutes down time might be required to upgrade hardware and other improvements.
Each Ticket created for website maintenance will be charged with hours against your plan. Estimated hours will be updated in the ticket before the work is started, we promise with integrity that all estimated hours are very fair and not over shot.