Terms of Service
These terms of service (TOS) are entered into between Sutherland Design Agency D.B.A. JustBuildMySite.com(JustBuildMySite.com, Just Build My Site, we, us, or our) and the entity purchasing services provided by Just Build My Site (Customer, you, or your). We agree to be bound by this TOS when we process your payment information. You agree to be bound by this TOS by signing any Contract's "Terms and Conditions".
1. Services we provide to you.
Features and details of the services governed by this TOS are described at www.justbuildmysite.com. Just Build My Site reserves the right to update pricing or services without notification to customers.
1.1 Membership
The Membership agreement between customer and Just Build My Site in tales; website hosting for agreed upon term and storage of customer's web assets three site versions backward.
1.2 Modules
Customer is purchasing features, services and technology implementation of methodology for use on sites we build for the period of membership. All technology and licensing is the sole property of Just Build My Site or third party suppliers. It is the customers sole responsibility to maintain, pay for, as well as comply with all Terms of Services for third party features that are integrated into site. Just Build My Site is not legally affiliated with third party suppliers, except for Hosting.com who we act as a reseller. Just Build My Site reserves the right to discontinue and/or change the technology of any module without having to notify the customer.
2. Contact Information
You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail regarding services and memberships. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Service, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.
3. Just Build My Site Policies and TOS
Just Build My Site's Term of Service will continue until the end of membership term or non-member services contract. If a member does not notify Just Build My Site to terminate membership, the TOS will renew itself. Just Build My Site reserves the right to change and update TOS. It is the customers responsibility to update themselves on Just Build My Site's policies.
4. Payment
You are responsible for charges as specified on any signed off contracts. As stated in the Terms and Conditions of the contract final charges may vary slight. All charges will be charged to the credit card on file.
If charges to customer credit card are declined for any reason, Just Build My Site will give customer two notifications of missed payment. Their after Just Build My Site reserves the right to remove customer's site from the web and customer waives right to any assets we have in our possession.
5. Disputes
5.1 Billing Disputes
If you believe there is an error on your bill you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. Your dispute must include sufficient facts for us to investigate your claims and be received by us 30 days after customer receives invoice. You waive your right to dispute any charges or Fees if you fail to meet the 30 day limit. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a "charge back" based on this dispute, and your charge back claim is past the 30 day limit, you will be charged a $200 investigation fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment.
5.2 Legal Disputes
Any and all legal disputes that may arise that can not be resolved under article 5.1 will be handled through a mediator. The party who has the dispute is responsible for all mediation fees.
6. Termination
6.1 Membership Termination
All sites built and maintained by Just Build My Site are the sole property of Just Build My Site, with the exception of customer supplier graphics and media and any graphics and media that customer has paid Just Build My Site to create, excluding all site pages and modules. If customer termination membership with us we will hold all graphics and media for customer pick up for a period of 30 days, after which customer waives any right to them.
6.2 Non-Member Termination
In the event customer terminates content with Just Build My Site prior to completion of services customer is responsible for any Terms and Conditions as outlined in the contract. Just Build MySite will only hold created media for up to 14 days after which we resume the right to permanently delete it.
6.3 Violation
We reserve the right to suspend and/or terminate services and/or membership for any violation of our Terms of Services and/or Terms & Conditions as specified on contracts. Any such termination will also terminate this Terms of Service and/or Terms & Conditions as specified on contracts. This right of termination is without prejudice to any other rights we may have. Their after you are not entitled to protest should we exercise these rights, nor will you receive a refund of any Fees.
7. Right to Refuse Service
Just Build My Site reserves the right to cancel or otherwise refuse work to be deemed by us as obscene or offensive. Just Build My Site reserves the right to charge the customer for services rendered up to the point that the work was cancelled.
8. Disclaimer
JUST BUILD MY SITE DOES NOT GUARANTEE 100% FUNCTIONALITY ON ALL PLATFORMS AND BROWSERS OF SITES WE BUILD DUE TO THE INABILITY TO IMPOSE CONTROL OVER THIRD PARTYS AND END USERS. IT IS THE CUSTOMERS SOLE RESPONSIBILITY TO REQUEST AND PAY FOR ALL MAINTENANCE TO KEEP THE CUSTOMER'S WEBSITE UPDATED TO CURRENT W3C WEB STANDARDS AND COMPARABLE WITH THE FOLLOWING BROWSERS: INTERNET EXPLORER, FIREFOX, GOOGLE CROME AND SAFARI. JUST BUILD MY SITE DOES NOT ASSOCIATE ITSELF WITH OUR CUSTOMER'S DOMIAN NAMES. JUST BUILD MY SITE DOES NOT GUARANTEE PAGE PLACEMENT IN SEARCH ENGINES. JUST BUILD MY SITE IS NOT TO BE HELD LIABLE FOR LOSS IN SERVICE AND/OR FILES IN THE CASE OF BUT NOT LIMITED TO THE ACTS OF GOD, EARTHQUAKE, LABOR DISPUTES, SHORTAGES OF SUPPLIES, RIOTS, WAR, FIRE, EPIDEMICS, FAILURES OF TELECOMMUNICATION CARRIERS, DELAYS OF COMMON CARRIERS, OR OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
9. Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD JUST BUILD MY SITE OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY SUPPLIERS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF JUST BUILD MY SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS JUST BUILD MY SITE'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Customer Compliance With Laws
Customer will be responsible to insure that their website is compliant with all local, state, national and international laws.
11. General Provisions
11.1. Just Build My Site Legal
Notices will be sent to you at the email address you provide to us. It is your obligation to ensure that we have the most current email address for you in our records
Please refer to our website www.justbuildmysite.com for contact information. Any inquires regarding this TOS and other Just Build My Site policies should be directed to:
Attention: Just Build My Site Legal
P0 Box 13344
Palm Desert, CA 92255
Phone #: (760) 610-6911
- OR -
Attention: Just Build My Site Legal
Email: contact@justbuildmysite.com
11.2. Appointment Only
Just Build My Site is located at a private residence, any and all visits to our office are by authorized appointment only.
11.3. Power By Link
Just Build My Site reserves the right to place an icon with powered by Just Build My Site link in the footer of each page.
11.4. Official Just Build My Site Non-service Days
Just Build My Site will be closed and will not be providing services, excluding all unmanaged web hosting, as listed below. Total membership dues are baed on this schedule.
- Hours of operation as listed on www.justbuildmysite.com
- All weekends
- Memorial Day
- Summer Break - two weeks - June though August
- Labor Day
- Thanksgiving - three days
- Christmas Break - two week - Christmas through New Year
11.5. No Agency
This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
