Last Updated: December 22, 2018
Buyer, (hereinafter referred to as “Client”, or "The Client"). Provider, NovoSlate, Inc. a California Corporation (hereinafter referred to as “Provider", “Service Provider”, or "NovoSlate"). Product, (herinafter referred to as "Website", "The Website", "Site", or "The Site").
You have a right to request a paper copy of these “Terms of Service” before signing up. If you want a paper copy, please contact us by phone at (858) 437-9028 or by email at firstname.lastname@example.org and we will send you a paper copy via email or mail.
Payment Obligations, Renewals, & Cancellations
Website Design & Development Payment Obligations
A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation, and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that NovoSlate gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, NovoSlate will still post outstanding content at no charge for 3 months. In the event an “under construction” page is posted due to missing content, NovoSlate will post one copy of any text/pictures on existing pages only, for up to 3 months after publishing date. After the three months have expired, content posted to the site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.
Website Design & Development Cancellation
If site design and development work have already begun (such as creating a design concept), then the down payment is non-refundable. NovoSlate my elect at its sole discretion to offer a partial refund depending upon the circumstances.
Stock Photography Payment Obligations
Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of the client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.
Description of Ongoing Costs
There are 2 types of ongoing costs: domain registration and hosting.
- Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mydomain.org, so that you can use it for your web-based purposes. You are not required to register a domain through us, but we strongly prefer that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
- Hosting: Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are not required to host your site with us, but we strongly prefer that you do. Hosting comes with bandwidth, storage space, database, and security tools, as well as other features. Projects that involve custom programming must be hosted with NovoSlate to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
- Hosting Payment Obligations: If your site is hosted with us, we will bill you either monthly or annually, depending on your specific requirements or the agreement set in place. All invoices for hosting are due upon receipt. If payment is not received within 30 days, the site may be temporarily disabled until payment is received. After 60 days, there may also be a $35 fee added to the outstanding hosting invoice balance. Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to NovoSlate fifteen (15) days before the renewal date that you do not wish to renew the account.
- Hosting Cancellation Payment Obligations: You may cancel at any time. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. NovoSlate will refund the prepaid fees for basic hosting for the full months remaining after the effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $50. Accounts that are terminated by NovoSlate for abuse or violations of internet standards or these Terms of Service will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.
- Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider, NovoSlate can, upon request, download your site and upload it to a cloud hosting provider (Google Drive, Dropbox, etc.) and send a link to the files via email. The cost for this service is $50 per copy. FTP access to your site is not available for transfer purposes.
- Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been canceled by us due to a breach of the Terms of Service on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
- Sites NOT Hosted by NovoSlate: Should the client decide to host their site on another server, NovoSlate cannot guarantee the all elements of the site will work. NovoSlate will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If NovoSlate believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
- Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System or installing a blog. For work we do on the site after going live, we charge on an hourly basis at our standard hourly rate. If you expect that maintenance will be a regular occurrence, you can purchase a pre-paid maintenance subscription that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
- Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.
Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
Provision of content is customer’s responsibility unless specifically negotiated ahead of time as part of the project proposal.
- Text content: Copy for all website pages and links need to be delivered digitally and should be carefully proof-read by the client. Two (2) rounds of revisions will be provided free of charge unless otherwise specified in writing. Subsequent revisions will be billable at our regular hourly rate.
- Copy development: Should the client wish NovoSlate to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via NovoSlate interviewing the client about the topic areas to be addressed on their web pages. NovoSlate then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
- Graphical content: Images outside of the website design must be provided in digital form or in a form that can be easily scanned unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.
Entry of data for database applications is considered client’s responsibility. Entry of data by NovoSlate is billable unless otherwise provided for in customer’s contract.
For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided.
We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If NovoSlate is not the source of the problem, technical support may be billable.
Training & Tutorials
Because customer service is an integral part of our business strategy, all of our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.
Domain Transfers & DNS Management
For domains not originally registered with NovoSlate, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with NovoSlate, DNS management and troubleshooting tasks are billable at our hourly rate.
Websites with Proprietary Source Code
Should the client contract with NovoSlate to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of NovoSlate and cannot be shared with other developers. Clients are granted a license to use custom software code while on NovoSlate servers only. NovoSlate retains ownership of the code.
In some cases, NovoSlate will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.
Access to or transfer of proprietary source code could result in a security risk to NovoSlate and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods. If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should the client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.
Website components that are transferable to another host include HTML code, graphics, logos, pictures, navigation, text, and the data residing within a database (excluding any code). Hourly fees will apply for any special work that needs to be done to transfer those parts of a website that do not violate the other paragraphs in this section.
NovoSlate maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do not assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (email@example.com, firstname.lastname@example.org, etc), your home or office internet connections, or any other non-domain-based issues outside NovoSlate’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.
Last Updated: December 22, 2018
All defined terms used below shall have the meanings set forth in our Terms of Service.
We respect children’s privacy. We do not knowingly or intentionally collect personal information from children under age 13. Elsewhere on the Site, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, please do not submit any personal information to Us, and rely on a parent or guardian to assist you.
We collect information from you in several different ways on this Site.
Registration and Ordering
Before using certain portions of this Site or ordering products, you may be required to complete an online registration form. During registration, you will be asked to provide to Us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, gender, and credit card number. In addition, We may also ask you for your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and the Sites, and for internal marketing purposes. If We encounter a problem when processing your order, your personal information may be used to contact you.
Information We Collect Automatically
We may also automatically collect information about you when you access or use the Site or transact business with Us, including:
- Transaction Information: When you purchase or return a product, We collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
- Log Information: We obtain information about your use of Our websites, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to this Site.
- Device Information: We collect information about the computer or mobile device you use to access Our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior.
- Location Information: We may collect information about the precise location of your device when you consent to the collection of this information. We may also collect information about your approximate location each time you access this Site.
Information We Collect from Other Sources
We may also receive information about you from other sources and combine or link that with information We have about you. For example, We may collect demographic and change-of-address information from third party sources and information from third party social media platforms (such as Facebook) if you log into this Site using your social media account credentials or if you make certain content and information publicly available, such as photos, videos, and profile information.
Information Use and Disclosure
We use your personal information to process your order and provide you with customer service. We may internally your personal information to improve this Site’s content and layout, to improve outreach and for Our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to this Site.
Communications with You
We will use your personal information to communicate with you about this Site and your orders and deliveries. Also, We may send you a confirmation email when you register with Us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Also, you may submit your email address for reasons such as to register for a contest or sweepstakes or to sign up for email newsletters and special offers. If you submit your email address, We use it to deliver the information to you. We always permit you to unsubscribe or opt out of future emails. Because We have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.
Except as otherwise set forth below, We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone.
We may disclose information to third parties that perform specific functions on Our behalf. However, We will only disclose the information that is necessary for them to perform their service.
We must provide your credit card number to financial-services corporations such as credit-card processors and issuers as is required to process your orders. We will use industry standard security measures, including data encryption, when providing your credit card number to others.
We may disclose personal information or financial information in response to requests from law enforcement officials conducting investigations; subpoenas; a court order; or if We are otherwise required to disclose such information by law. We also will release personal information where disclosure is necessary to protect our legal rights, enforce our Terms of Service or other agreements, or to protect ourselves or others. For example, We may share information to reduce the risk of fraud or if someone uses or attempts to use this Site for illegal reasons or to commit fraud.
We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
We take reasonable measures, including administrative, technical, and physical safeguards, to protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.
Upon your request, We will (a) correct or update your personal information; (b) stop sending emails to your email address; and/or (c) disable your account to prevent any future purchases through that account. You can make these requests by emailing Us at email@example.com.
Please do not email your credit-card number or other sensitive information.
Offline Collection Use and Disclosure
We also may collect information offline. We will treat any information collected offline in a manner that is consistent with this Policy. One example involves someone calling Us to place an order or to ask questions. When someone calls, We will ask only for the personal information We need in order to place the order or to answer the question. When We need to store information (such as order information), We will enter it into our database.
Updates to this Policy
Last Updated: April 6, 2019
Payments to your account can be made online via credit card or bank transfer, or via check or money order (U.S. Banks and Funds only).
Billing & Refund Policies
Payment of your hosting or other charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. While we will deliver notice of changes or updates to these policies, it is your responsibility to periodically check this page for any updates or changes.
- Web Hosting is a PRE-PAID service.
- Electronic invoices for web hosting are issued the FIRST DAY of the month preceding the service month.
- Electronic invoices for design, web site maintenance and other non-hosting services are issued upon completion of the work or service.
- All Invoices are monitored for pick up (viewing). Email notices will be sent every 7 days until invoice has been viewed.
- Paper invoices sent via U.S. Postal Mail will be sent only upon request, and only if that request is made in response to an electronic invoice notice, from the billing email address on your account. There is a $2.25 service charge for paper invoicing which will be added to your current invoice.
- Hosting payments are expected to be received before the first day of the service month with the exception of legal holidays. Payment for non-hosting related services are due within 10 days of service.
- Payments made by check or money order are not credited to your account until cleared. Please note: Check or Money Order payments can take 7 to 10 days to be delivered, processed and credited to your account. Please mail your check a minimum of 10 days prior to due date in order to avoid late charges.
- THERE IS A $30.00 CHARGE FOR RETURNED CHECKS.
- Payments made by PayPal or credit card are applied to your account within 24 hours.
- Late charges may be applied to invoices within 3 days of due date.
- Hosting accounts not paid in full by the start of business on the 7th day of the service month will have their ftp, website, & email services suspended until full payment plus any applicable late charges is received. Past due maintenance accounts will have work removed from their website if payment is not received within 15 days of work completion.
- A $10.00 fee will be charged to reconnect suspended hosting services. Full payment of past due balance and reconnect fee are due before site is reconnected. Full payment of past due maintenance account is required to restore updated pages.
- Hosting accounts not paid in full by the 15th day of the service month will have all services terminated. NovoSlate is not responsible for email, websites, or files contained in websites that have been terminated.
- Terminated websites that wish to be reinstated must request new hosting services. New hosting services for previously terminated websites are at the discretion of NovoSlate. NovoSlate reserves the right to refuse new service.
- NovoSlate reserves the right to refuse web host transfer assistance if unpaid past due balance exceeds 30 days.
- NovoSlate reserves the right to discontinue all services without notice to any account that has had three or more late payments during the course of service or accounts that are more than 30 days past due.
- Choice of Law: Any disputes regarding these terms of service will be litigated in Los Angeles County, California. These terms shall be construed under the laws of the State of California.
Upgrading / Downgrading of Hosting
- A service charge of $10.00 will be applied to your account for downgrading of your hosting plan within your current hosting type (i.e. Plus to Basic).
- Additional monthly charges (prorated) and a service charge of $20.00 will be applied for changing your hosting type (i.e. Shared to Managed). There are no charges for upgrading within your hosting type.
- Downgrading of hosting plans may incur the loss of such services as web stats, mySQL access, and the reduction of available email addresses.
- Change of hosting type may require you to transfer files and/or databases. You will be given ample opportunity and access to make these transfers prior to the change over. NovoSlate is not responsible for file transfers or required reconfiguration of scripts or programming after the transfer.
- Requests for upgrading or downgrading must be made from your email account to our billing email address. Changes are effective within 24 hours after payment is received.
- A prorated refund of annual hosting (only) will be calculated based on current quarterly charge in full for each quarter and partial quarter used and issued after downgrade charge has been deducted from your last payment and are paid by check or PayPal payment only. Please state your preference in your request email.
- Cancellation request must be received in writing, from your billing email on record, by fax, or via postal mail. Fax and postal mail requests require that you include a photocopy of your driver's license or other valid proof of identity.
- All access accounts, databases, files, and email accounts on our web servers and DNS service will be terminated within 24 hours of your cancellation request. Your request relieves NovoSlate of any obligation and responsibility for your website contents. We will assume no liability for files deleted or removed after your cancellation of service.
- You are strongly urged to remove or back up your website files and databases prior to cancelling your services.
- Prorated Refunds on cancelled annual web hosting (only) will be calculated by deducting from last payment the current quarterly charge in full for each quarter and partial quarter used from the start date of your current billing cycle to the last day of the month in which your cancellation request was received. No refunds will be issued on monthly or quarterly web hosting.
- Setup fees, domain registration, and domain renewal fees are non-refundable.
- Refunds can be issued by check or PayPal to your billing address or email address within 30 days of your written cancellation of service request. Please include your refund preference in your cancellation request.
- Refunds will not be made in the case of website termination for violation(s) of services.