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Elevated Automations is a full service agency that specializes in Shopify web design, ecommerce development, custom Shopify websites, branding and logo design, marketing, SEO, and social media management. These Terms of Service set forth the principles, guidelines and requirements of the Design Terms of Service of Elevated Automations governing the use by the customer of our services and products. Elevated Automations retains the right to modify these Terms of Service at any time and such modifications shall be automatically effective to all customers when published at www.elevatedautomations.com
With payment of any deposit, down payment, or advance fee for any service or web design project to Elevated Automations, you as the client are agreeing to and accepting the following terms and conditions.
Any payment due shall be accorded between the client and Elevated Automations and should be paid prior to the start of the project. This non-refundable payment or deposit assures your position in the Elevated Automations design queue. No work will begin until your payment has cleared. All amounts must be in US Dollars (US$) and made through Wire Invoice, PayPal, or Credit Card. Any final payment or pending payment must be made prior to final installation, delivery and launch of the website design project.
Once initial payment has been sent, the client should must be fully available through email on a daily basis to answer any questions or complete tasks and as soon as possible. All communication is required through email and not by phone, postal mail, fax or in person. If at anytime Elevated Automations is unable to contact the client for a period of more than 10 business days, the project will be canceled or rescheduled and all money paid will be forfeited to Elevated Automations. If the client requests to continue the design process at a later date, payment of any pending monies must be made before restarting the project. In the event that Elevated Automations cancels the project entirely due to lack of communication, ownership of all created or installed artwork, layouts, and coding will remain the absolute property of Elevated Automations and will NOT be transferred to the client. Furthermore, Elevated Automations remains the right to resell the design to recover services rendered and charge an additional cancellation fee which will be paid by the client.
IV. Support and Technical Assistance
Elevated Automations offers free technical support via email. All free technical support requests are required through email and not by phone, fax, postal mail, or in person. Please contact email@example.com for technical support.
It is the client’s full responsibility to familiarize themselves with the operation of the catalog’s admin panel, payment and shipping modules, and all services and functions related to their e-commerce website. The client is also responsible for opening an account with compatible services. If any specific questions should arise regarding any 3rd party modules, the client should contact the 3rd party service provider directly. Elevated Automations is not responsible for configuring third party services or modules, opening social media accounts for the client or performing any type of service that is not specified or agreed upon. If the additional technical services can be installed by Elevated Automations, the client will be quoted and rescheduled accordingly.
Technical assistance is not a paid feature in any package price and is not an obligatory service. It is offered free of charge for each package on a case-per-case basis and may be cancelled by Elevated Automations at any time. We are not responsible if the client finds the learning process difficult and/or if the client cannot use the website or materials properly despite repeated support requests. Furthermore, Elevated Automations reserves the right to charge or cancel email support or phone chat support and/or to cease communications with the client entirely. Elevated Automations doe not provide phone calls for technical support. If client emails or phone calls are deemed excessive, repetitive, rude or time consuming, the client is free to find a 3rd party designer, host and programmer for assistance in this case and we claim no responsibility for any expenses that the client incurs if we cannot provide the level of technical support that the client needs.
As the client, you authorize Elevated Automations to install any scripts, software or programs relevant to the web design project and must provide Elevated Automations with the log in information and passwords necessary to to access your website account through your domain manager, host, admin and FTP to work on your project.
VI. Web Hosting Compatibility
Elevated Automations provides web hosting. If you prefer to use your own web hosting service, you are responsible for using a web hosting provider compatible with the e-commerce script and any modules associated with the web design project. If you are using a non-compatible web host, Elevated Automations will not be responsible for incompatibility issues, errors or bugs that may occur on your site. Any debugging or compatibility issues will be billed seperately and are not included in the package. If you choose not to switch to a compatible host, you will be forfeiting any payments made if our software or modules cannot be installed.
VII. Design Process
Elevated Automations will use the answers from the package questionnaire to complete an initial preview and subsequent revisions of your website or design service. Revisions and services purchased do not include the addition of extra elements not included in the initial quote, including but not limited to extra graphics, flash, scripts, forms, custom navigation, debugging, custom module installation and configuration, social media configuration, assistance, technical support and any additional elements that are not included or that require custom coding or attention.
Once you have approved the service, web design or preview and if a payment is pending, Elevated Automations will invoice you for the remaining balance and any other fees related to your project that may have incurred during the revisions process or the purchase of additional services. Payment is required within 7 business days and cannot be delayed or rescheduled. The final version of the website design project will be transferred upon receipt of full payment. After the web design project is installed on your domain and you have been provided admin login information, you assume all responsibility of your site. Any major revisions, edits or additions to the project after the site is on your domain will require that you be scheduled as a new work order and will have to pay any additional fees related to the redesign. Minor revisions may be made to your site at any time during the process and after delivery of the website at the sole discretion of Elevated Automations.
VIII. Completion Timeline
As the client, you and Elevated Automations must work together to complete all services in a timely manner, agreeing to work expeditiously to complete the project by the delivery date or no later than 30 days after you have submitted all necessary materials. This 30 day limit may be extended by Elevated Automations if the project requires more time from the designer, programmer or assistant for completion. All revision requests must be submitted by the client within 3 business days of receiving the initial site preview or subsequent revised previews. The scheduled start date, revision process or delivery date of the project may not be rescheduled unilaterally by the client. In the event of lack of communication by the client for a period of 10 business days or more, Elevated Automations reserves the right to reschedule the project or cancel the project completely.
IX. Payment Merchant Account & Shipping Services
As the client, it is your responsibility to familiarize yourself with the operation of your catalog’s admin panel, merchant accounts, payment modules and shipping modules. You are also responsible for opening an account with a compatible payment or shipping services. If any specific questions should arise regarding your 3rd party modules, you will contact your web host or 3rd party service provider directly. Elevated Automations is not responsible for the configuration or successful installation of non-compatible services that are not specifically designed as a plugin for the package purchased.
X. Database Content
Unless another arrangement has been made, you are responsible for the addition of products to your shopping cart pages, including the description of the products, item photographs, options, drop-down boxes, product attributes and photo editing, optimization and resizing of all product images. You are also responsible for adding optimized content to your wesbite, all literary and/or informational content and photos for all website pages, including the home page and for the entry of any, meta descriptions, meta tags, keywords or meta-titles into your products or website content.
The administration panel of the website e-commerce system is not guaranteed secure unless the website is uploaded to a server which fulfills all web security standards and has a corresponding SSL certificate and dedicated IP. Elevated Automations claims no responsibility for an insecure server or the use of an insecure password protected panel. Elevated Automations does not save or backup an existing design installed on your domain. All updated backups, database backups and secure customer information backup must be made by you, the website owner.
XII. Electronic Commerce Laws & Taxation
You as the client are solely responsible for complying with any laws and taxes applicable in any way to the web design project and will hold harmless, protect, and defend Elevated Automations and its subcontractors from any claim, lawsuit, penalty, tax or fine arising from the client’s exercise of Internet electronic commerce.
XIII. Copyrights and Trademarks
You unconditionally guarantee that any and all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Elevated Automations for inclusion in a project are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Elevated Automations from any claim or lawsuit arising from the use of such elements.
You agree not to resell, modify, copy or make a derivative template, website or graphic based on this web design or any one of its elements. The copyright of all software, coding, web and print graphics & art is owned by Elevated Automations and under the law all copyrights are reserved. Your logo is copyrighted to you and can be used as deemed necessary. All services, design elements, art and coding may not be used by anyone else but you and the domain it was originally designed for. Elevated Automations retains the right to display communications, artwork and/or any services provided to the client in the Elevated Automations portfolio, testimonials, promotional materials, and advertising materials on the web or in publications.
A text link crediting Elevated Automations must continuously remain at the footer of each website page of the e-commerce site. The Elevated Automations link must remain intact and cannot be removed for the life of the site and use of graphics unless a a copyright license from Elevated Automations has been purchased. Any violation of our copyright will be considered a federal offense according to US Copyright Laws and international treaties and would make you legally liable in federal court. Elevated Automations will also seek financial remuneration and legal fees at any cost.
XIV. Limitation of Liability and Liability Disclaimer
In no event will Elevated Automations be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any Elevated Automations service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages. Elevated Automations will make no warranty to cover text-based or old browsers or requested special effects that have been advised to be against your interests. Any service purchased from Elevated Automations is provided ‘as is’ without any kind of warranty. Elevated Automations does not provide any guarantees for web hosting, 3rd party services or shopping cart functions.
IN NO EVENT SHALL ELEVATED AUTOMATIONS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, LACK OF SERVICES, USE OF THE ELEVATED AUTOMATIONS SITE, OR USE OF ANY ELEVATED AUTOMATIONS DESIGNS PRODUCTS, PACKAGES OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL ELEVATED AUTOMATIONS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US DOLLARS).
XV. Additional Prohibitions
The use of graphics and code from any Elevated Automations service or web design project may not be used to display information or sell content that is religiously or polittically offensive, racially insensitive, or pornographic.
All private information involved in any website design project or service provided by Elevated Automations will remain private and will never be used, redistributed or sold to third parties. The client’s private information, name, address, phone number, and email address will not be given as references to potential clients nor will be published in any way or form on the web, in email communications, or in print.
These Terms and Conditions supersede all previous representations, understandings or agreements. The payment of any monies or deposit by the client to Elevated Automations constitutes agreement to and acceptance of these Terms and Conditions.