Terms of Service
Web Design and Development
'Roger Remacle' agrees to deliver projects in a timely manner. However, delays in project completion may occur when:
- There is a delay in any payments
- The client requests further work, including changes in the scope, design, structure, or content of the project
- The client purchases an additional service related to the project
- There is a delay in the receipt of any material from the client
If a project stalls or a client becomes unresponsive for more than 6 months, the project will become "inactive" and a re-engagement fee of 5% of the total project cost may be assessed upon re-initiating the project. If there is no meaningful activity for 10 months the project may be terminated without refund
Unless otherwise specified client is to provided all text verbiage related to history,service and or product of the website project.
Copyrights and trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 'Roger Remacle' for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend 'Roger Remacle' and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Web design project copyright
Copyright to the finished web design site produced by 'Roger Remacle' will be owned by the Client. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement have been paid. Rights to photos, graphics, source code, work-up files, and computer programs remain the property of their respective owners.
Payments for managed hosting are due at the commencement of each monthly cycle by credit card (Stripe). Monthly payments for managed hosting, depending on the plan selected, will be automatically charged to the payment method provided by the client at the time of purchase.
You may cancel at anytime! Any unused $balance for the current monthly cycle will be reimbursed to your original method of payment! (Stripe).
NOTE: On cancellation, the client's VPS or shared hosting image is automatically destroyed. It is your responsability to move App content to an alternative host or backup all folder content 'prior' to cancelling.
US and International purchases are tax exempt. Canadian purchases are subject to GST or HST.
We are open minded and respect all industries. However, we reserve the right to suspend and destroy a client VPS image (which includes content) if any apps or website on said VPS are deemed to be engaged in the following activities:
- All illegal activities or schemes
- All hate related activity
- All activities dealing with or even remotely suggesting child porn or abuse
While 'Roger Remacle' makes every effort to maintain client's VPS (private vistual server), you acknowledge and agree that 'Roger Remacle' makes no specific guarantee or warranty regarding third party services.
'Roger Remacle' is not responsible for any down time caused by any provider's hardware or network malfunction which is outside of 'Roger Remacle's capability to directly correct. 'Roger Remacle' clients are diverse and their websites and the function of those websites are diverse and 'Roger Remacle' cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
Customer expressly agrees that use of 'Roger Remacle''s Server is at Customer's sole risk. Neither 'Roger Remacle', its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that 'Roger Remacle''s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the 'Roger Remacle' Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall 'Roger Remacle', its offices, agents or any one else involved in creating, producing or distributing 'Roger Remacle''s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 'Roger Remacle' Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to by 'Roger Remacle''s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on 'Roger Remacle''s service.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Customer may only use 'Roger Remacle''s servers for lawful purpose. Transmission of any material in violation of Canadian and United States laws is prohibited. To this effect, child pornography, hate sites, warez is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on 'Roger Remacle''s Server.
Customer agrees that it shall defend, indemnify, save and hold 'Roger Remacle' harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against 'Roger Remacle', its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless 'Roger Remacle' against Liabilities arising out of:
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions are agreed to by the both parties upon renewal of services.
Should you have any questions or concerns about these terms of service, please contact us by email at: @roger.remacle