Terms of Service

This document describes the agreement between OvernightWebdesign.com, hereinafter referred to as 'OWD' and it's customers, hereinafter refereed to as the 'Customer.' OWD includes OvernightWebdesign.com, it's affiliates, owners, employees, and subsidiaries. Customer refers to any person, persons, or organization that order products or services from OWD. This agreement also applies to the employees, contractors, and customers of the Customer. Services include web site design, programming, consulting, and any other products or services offered by OWD and ordered by the Customer, hereinafter referred to as the 'Services'. By ordering Services the Customer agrees to the terms of this document, hereinafter referred to as the 'TOS', whether that order is made electronically by e-mail or internet form, by telephone, or by a written order. Hosting services provided by QualityDotcom.com, whether or not offered in conjunction with the services, are also governed by the QualityDotcom.com Terms of Service, included herein by reference. This TOS describes the entire understanding between OWD and the Customer. OWD's obligations under this agreement are contingent upon payment being received by the Customer.

Satisfaction guarantee. If the Customer is dissatisfied with the Services for any reason, they will inform OWD within thirty days of the completion of the Services. OWD will then attempt to satisfy the Customer's concerns, or will refund one hundred percent of the money paid by the Customer for the Services, at the choice of the Customer. OWD reserves the right to refund the Customer's money instead of attempting corrections if it determines, at its sole discretion, that it cannot fulfill the Customer's expectations. If a refund is issued under the terms of this guarantee, the customer agrees that it will cease to use, display, or otherwise publish any original text, images, programs, or design produced by OWD under the terms of this agreement, hereinafter referred to as the 'Products'. The unrestricted copyright to the Products then becomes the sole property of OWD. If the Customer continues to use the Products, in whole or in any part, after a refund has been issued, the Customer agrees to pay OWD liquidated damages in the amount of three times the amount refunded to the Customer. If the Customer pays for the Services by way of a credit card, and requests a refund, otherwise known as a charge-back, through their credit card company or other payment agency, or in any other way receives a full or partial refund of the money paid for the Services, a refund will have been given and OWD's rights and the Customer's responsibilities shall be the same as if the refund had been issued by OWD.

Copyrights. The Customer certifies that it has the publishing rights to all materials submitted to OWD for use in their website. The Customer grants to OWD the right to publish the materials on the internet for the purpose of providing the Services. Upon payment for the Services to OWD by the Customer, all intellectual property created under this agreement, with the following exceptions, become the sole property of the Customer, unless a refund is issued as described above. OWD retains the rights to use generic design elements, such as page layouts, borders, menus, and navigation buttons. OWD retains full copyright to all computer programs, scripts, or algorithms created under this agreement, hereinafter referred to as the 'Programs'. OWD grants to the Customer the license to use the Programs for their personal use or the use of their business, but not the right to sell, publish, or otherwise distribute the Programs. This license remains in effect continuously, unless a refund is issued as described above. The Programs remain trade secrets of OWD, and the Customer agrees to take reasonable precautions to protect these secrets. In any case, any original work created by the Customer remains the property of the Customer.

The Customer certifies that the Services ordered by the Customer do not violate any national, international, or local laws, either in California, the United States, or at the location of the Customer. The Customer further certifies that the Services ordered by the Customer will not cause harm or injury to any third party. The services may not be used for illegal purposes, or in support of illegal activities. We reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. You may not use the services to harm, or attempt to harm, minors in any way, including, but not limited to, child pornography. The Customer agrees to indemnify and hold harmless OWD from all liability to any third party that results from the Customer's requested Services. OWD reserves the right not to perform Services, or to cease working on Services, if, at OWD's sole determination, the Services would break any law, cause harm to any third party, or are blatantly offensive. In this case OWD's sole responsibility is to refund to the customer the amount paid for the Services.

OWD assumes no liability for consequential damages. OWD's entire liability is limited to the amount paid by the Customer to OWD for the Services. The Customer is encouraged to keep copies of all work provided to OWD and, where possible, the original copy.

OWD reserves the right to amend or revise the TOS at any time. Such revisions will apply to future agreements under the TOS. The TOS governing any request for Services will be the version that is published at the time payment has been received and work begun by OWD. Please use the link below, or send an email to TOSrevisions@overnightwebdesign.com if you would like us to notify you of changes to the TOS. The current TOS will always be available at
http://www.overnightwebdesign.com/tos.html . The Customer is encouraged to print this document at the time of submitting their order.