TERMS & CONDITIONS
Monthly Hosting / Fees – Hosting fees apply, as described in any offer by Pricester. See your receipt for details. If you have purchased a plan which consists of a hosting and/or maintenance term, then you must complete payment for hosting and/or maintenance until the term has been reached. Failure to make payments as described by the plan may result in disconnection of your website, a request for full payment of the contracted term and possible legal action. There are no refunds on hosting terms or design cancellations.
Design Procedures - Upon placing an order, the hosting space is immediately allocated for the Client. The Client will receive a Welcome to Pricester email consisting of an agreement summary, a receipt Input Form. Client must provide information in order for the Design Department to execute the website. If the Client does not provide content for the website within 30 days, or does not provide complete information, then a temporary 1-page website will be generated by Pricester as a courtesy with the Client’s contact information and be placed live on the Internet until the Client provides complete content for their website. Once the Design Department receives the content and pictures, the website will be developed within approximately 12-15 working days (18-24 working days for websites purchased with special programming requirements or shopping carts). Upon completion, the Design Department will provide the Client with an email so that the Client can review the website. Clients are normally entitled to 2 opportunities to make changes. If any changes or corrections are necessary, the Client should print, make corrections and fax the copies to the Design Department at 954.727.3706, or email these corrections to email@example.com. In either case, Client should always CALL Pricester at 954.272.1200 to confirm that we have received these change requests, or any other associated email or faxed communication. Clients must include their name for tracking purposes. The Design Department will make all necessary changes or corrections and client can check the site online to track the changes and revisions. At that time, the Client may indicate additional minor changes. No major changes will be accepted at this stage without a design charge. Any advanced design processes requested that are not specified in the description of the product or service initially purchased, may result in additional charges for which you will be notified in advance.
• Within five (5) days of setting up and account, if you have not submitted your information and no work on your website has begun, you may request and receive a full refund of your set-up fee. There will be no further charge or obligation. After five (5) days of setting up and account, if you have not submitted your information Deposits are NOT refundable and a single-page, basic, temporary website will be constructed for you and posted on the internet and hosted, containing the initial business name and contact information that you gave us when signing up.
• The temporary webpage will be replaced by the Design Department with your multi-page website containing the information that you supply within approximately 12-15 working days following our receipt of the information (18-24 working days for websites purchased with special programming requirements or advanced shopping carts).
• Pricester.com, Inc. always endeavors to build quality websites, following the submission of the client's information. Reasonable and timely requests for corrections or changes will be honored and executed at no charge while the website is under construction.
• Pricester.com, Inc. makes no claim, implication or guarantee of any specific performance, gain, suitability or merchantability of websites and no refund for websites produced will be made.
All Client information provided to Pricester for purchasing websites or other services is held in strict confidence. Pricester does not sell or otherwise distribute this information.
Rules for Sellers
For Clients selling merchandise or services online, or receiving any payment online from customers on websites built and /or hosted by Pricester, Pricester specifically disclaims any promise or guarantee of return. Client is solely responsible for delivering merchandise or services sold and for resolving any disputes or claims resulting from such sales. Client is responsible for complying with all applicable laws, regulations or restrictions on items or services. Client is responsible for all applicable local, state or federal taxes.
• Fraud - You may not use any Pricester service for any fraudulent activity, including collecting payment from customers and not providing the item or services purchased. Pricester may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site.
• Interference: You may not spam our system and/or impose an unreasonably or disproportionately large load on our system. You may not place any material on a Pricester site that contains any viruses or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
• User ID: You are solely responsible for actions taken under your user ID or account. You should not disclose your password to anyone.
This site, its contents, and all information, products, and services contained in or offered through this site are provided on an "as is" and "as available" basis without representations or warranties of any kind. Pricester expressly disclaims all such representations and warranties, either expressed or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. Pricester does not warrant that this site or its contents will be complete, accurate, uninterrupted, or error free. All information on the site is subject to change without notice.
Limitation of Liability
In no event shall Pricester be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use our site, goods or services purchased or obtained through a site developed or hosted by Pricester, whether in an action under contract, negligence, or any other theory, even if Pricester has been advised of the possibility of such damages. Pricester's total liability for any claim arising from or related to your use of our Services shall not exceed $100.00.
You agree to indemnify and hold Pricester and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. These Terms are governed by and shall be construed in accordance with the laws of the State of Florida.
In certain cases, a separate written Agreement for website design, programming and/or hosting may be issued by Pricester to a Client and duly executed. In such cases, the mutually agreed terms of that written Agreement shall supersede those corresponding Articles contained in these Terms of Service.