Please Read Carefully All contents on this website including information, material and graphics, user interface design and lay outs are copyrighted property of Escortworx.com Any products or services including order or used from Escortworx.com, the client is deemed to have accepted these Terms and Conditions whether or not the client has been provided with a copy. In these Terms and Conditions “we, our, us, refers to Escortworx.com and “you” and “client” refers to the person or persons to whom service, design, SEO, hosting or development work is being rendered.
Escortworx.com reserves the right to withdraw any or all services from any client who infringes the regulations (as set out below) without notice and with immediate effect. In the event of services suspension, it is not our policy to offer a refund of any monies paid for services or any part thereof.
Limitation of liability
a) General Liability
Escortworx.com will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, profits, revenue, or data in relation to your use of the Website.
b) Domain Liability
In purchasing domain names on behalf of the client, Escortworx.com is acting solely as the clients agent and accepts no responsibility for legal issues the client encounters from the misuse of their domain. All domain renewal fees must be paid by the client after the first year of service. Escortworx.com agrees to transfer any domain into a client’s name upon request, provided that all accounts, hosting and renewal fees are paid up to date.
c) Criminal Liability
The Client agrees that they are not using, nor intending to use, their website to conduct business illegally in any way or perform activities that violate their state, local, federal or international laws. Escortworx.com cannot be held liable for any legal issues the client encounters from use of their website. It is the responsibility of the client to register their business in accordance with their local city or state tax laws
Copyrights and Trademarks
a) Source Materials
The client unconditionally guarantees that any elements of text, trademarks, designs, graphics, photos or other artwork hosted on server or furnished to Escortworx.com for inclusion in the Project are owned by client, or that client has permission from the rightful owner to use each of these elements, and will hold harmless, indemnify, protect and defend Escortworx.com from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by client. Time spent mediating copyright violation complaints or disputes will be billed to client at the standard hourly rate.
b) Design Ownership
Upon delivery and FULL payment of project, client assumes ownership of all non-Escortworx.com related code, graphics and design elements relating to website. The client is free to modify, transfer or reverse engineer on all NON-Escortworx.com code and design elements relating to website without needing permission or a written agreement with Escortworx.com. Failure to make final payment of project within 30 days of invoice date will result in contract termination, at which point, full ownership of code, graphics and website files revert back to Escortworx.com
c) Definition of Copyright Holder
Escortworx.com cannot honor any 3rd party involvement or ownership claims made by anyone other than the person whose business is being advertised or whose name or stage name was used in the original service request. Upon delivery and full payment of project, it is assumed that ownership and design copyrights transfer to the person or business for whom the website was designed. Escortworx.com does not allow or provide resale of our development services in any form. All contracted services and collaboration of work to be done must be made through the person for whom the website or project is being developed. Collaboration or involvement through a third party is prohibited unless expressly permitted and discussed prior to development.
d) Escortworx.com Portfolio and Design Credit Link
Escortworx.com reserves the right to showcase a screenshot of all client designs as an example of work and creative style. Clients have the option of opting out of being showcased by paying a $50 surcharge. Fee does not apply to retired Clients, whose screenshots will be removed upon request at no additional cost. All websites designed by Escortworx.com require a design credit link pointing to https://escortworx.com in the footer area. It is prohibited to remove or modify this link unless expressly permitted by Escortworx.com. Design credit removal is available for a surcharge of $100.
a) Project Deposit
All custom designs or freelance work requiring more than four hours of development require a 50% deposit of the quoted fee before any work is started. Custom designs must submit deposit and proof of payment to start the project. Remaining balances are due upon delivery of the project.
b) Extended Development Fees
If development time exceeds hours included with design package or the estimate quoted to the client, the additional time required to complete the project is billed at our standard hourly rate.
c) Payment Installments
If the client is unable to pay the full amount of the invoice, monies owed may be split into two installment payments to avoid project cancellation. However, for custom designs, the first installment of the final balance must be paid before the website can be used publicly. Failure to honor installment agreement will result in late fees and/or project cancellation.
d) Late Fees and Penalties
Any Invoices in the amount of $500 or more will be subject to a $15 late fee for every week payment is delayed after the initial 7 day grace period. Projects cancelled for any reason outlined in Section d or e of the Cancellation Policy will be subject to a $100 penalty to resume & complete work. Custom design projects not resumed within three months of cancellation will be recycled and offered for resale as a Template design.
New Website Development
Escortworx.com and the client undertake to work together to complete website within the timescale defined prior to work starting. Escortworx.com will periodically inform the client on project progress and endeavor to meet the defined milestones. Client must supply all required materials BEFORE or within two days of the project start date to avoid development delays. Extended delays in communication (without prior notice) or failure to provide required materials by posted deadline will result in project cancellation as outlined in Section e of the Cancellation Policy.
Cancellation & Refund Policy
a) Partial Deposit Refund (custom designs only)
IMPORTANT: Only applies to custom designs, as Template orders are non-refundable. Cancellation request must be received at least 24 House before the design has been started, the client will be refunded 50% of the deposit amount. No refund is offered if development has already been rescheduled one or more times.
b) No Refund Offered
The following outlines instances where Client is ineligible for a refund of monies paid toward services:
- Template Design Orders: Due to faster scheduling and development turnaround, template design orders are non-refundable. However, payment can be applied toward future services if a cancellation is necessary.
- Custom Design Deposits: If cancellation request is received after design has been started or any work has been put into date, the deposit is forfeited to cover revenue or time lost. Websites that have already been rescheduled one more times are also not eligible for a refund.
- Automatic Cancellations: Projects automatically cancelled due to violations outlined in section d) or e) below are ineligible for a refund.
- Hosting: If hosting service is cancelled prior to expiration of current year of service, no refund is offered for unused months.
c) Non-Payment of Services
Client agrees to pay all invoices within 7 days of invoice date. Failure to do so will result in the following:
- Custom Design Work:
- If final balance or installment is not paid within 14 days of invoice date, Escortworx.com reserves the right to temporarily disable client’s website until payment is submitted.
- If non-payment of final balance or installment exceeds 30 days, the project is considered cancelled and subject to penalties to reactivate.
- If final balance is not paid within 3 Months, the client forfeits all future rights to design elements and code created by Escortworx.com and it will be offered for resale as a Template design.
- Hosting Service: Hosting renewals not paid within 60 days of the hosting expiration date will result in the account being deleted from the server. Hosting is active & billable regardless of whether or not you are using the website or have it set to ‘Offline’.
d) Automatic Cancellation
The following will result in an automatic project cancellation:
- Client fails to communicate or goes MIA (without prior notice) for more than two weeks.
- Project development is delayed or lapses more than two weeks because required project materials are not ready or supplied to Escortworx.com.
- Client exceeds two rescheduling requests or development fails to resume within 3 months of original start date
- Any other violation of terms outlined within this Service Agreement
e) Resuming Services after Cancellation
- Design Work: If Project is automatically cancelled due to reasons in section d) or e) above, client must prepay the remaining balance on the website PLUS A $100 PENALTY to reactivate development. Custom design clients are ineligible to resume development if it has been longer than three months since they were cancelled and the design was resold as a Template design.
- Hosting: If an account was terminated or suspended on the server due to non-payment of renewal fees, Client must pay the upcoming hosting renewal fee in addition to 3 Hours of work at our standard rate for the time needed to set everything up again.
Development Extensions & Rescheduling:
If the client needs to pause work on their website or reschedule, a development extension for up to three months from the start date or deposit date can be made if all conditions below are met. Note: This option is also available to template design clients who need to cancel their non-refundable order and wish to apply it toward future service.
- Extension If development has already started and needs to be paused, the client can request an extension for up to three months from the original start date / deposit date. Extension requests must be received within two weeks since the last contact with client..
- Extension/Rescheduling Limits Each project is allowed up to TWO extension or rescheduling requests within three months of the original start date / deposit date. Projects that are not resumed within three months or have exceeded two rescheduling requests will be subject to cancellation.
- Rescheduling Cancelled Template Order Although template design orders are non-refundable, clients who cancel have the option of having their payment applied toward future services as long as the request is made within three months of their originally scheduled start date / deposit date.
Post-launch support and website changes are available to clients at standard hourly rates. We offer Website Maintenance/Management at our standard hourly rate of a monthly retainer. However, clients can use their CMS website manager for any changes they would like to do on their own. Clients are responsible for opening a support ticket through the appropriate support email address when requesting help.
Abuse through content
Escortworx.com is only responsible for the technical development of the website and the client must provide all content materials. You agree that you will not post any material which is false, defamatory, hateful, harassing, obscene, profane, inaccurate, abusive, vulgar, threatening, invasive of a person’s privacy, or otherwise in violation of any laws.
Search Engine Ranking
Escortworx.com makes every effort to optimize your website for better ranking in Search Engines by utilizing appropriate title, meta and image alt tags throughout the website source code. Websites are coded to standards and will validate XHTML Transitional. However, Escortworx.com does not guarantee any ranking of your website in any search engine and does not perform any marketing services aside from initial website submission to major search engines. The Client is responsible for providing all text content for their web pages, including what is used for the Title, Description and Keyword Meta Tags on each page. All abovementioned content can be added/modified by the Client at any time through their Content Management System. The client is also responsible for any 3rd party marketing solutions.
Delivery of website and Acceptance
a) Delivery & Final Payment
Uploading a website to your Hosting account, sending files through FTP, any other media or providing the login details is considered as delivery of website after which the client is not eligible for a refund of any monies paid. By contracting design services with Escortworx.com, the client agrees to clear any remaining balance(s) within 7 days of delivery. Failure to do so will result in penalties outlined in Section C of the Cancellation & Refund policy above.
Where website design or other Programming Services are supplied, the client will notify Escortworx.com of any errors or omissions for rectification within a period of 7 days from delivery. After 7 days from Delivery, Client is deemed to have accepted that the Delivery is provided to an acceptable level of quality and further changes will require maintenance payments at our standard hourly rate.
Backups and Data Loss
The use of our hosting service is at your sole risk. Escortworx.com is not responsible for files and data residing on your hosting account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. Hosted Clients are expected to perform their own periodic backups. Once the client takes delivery of the website Escortworx.com cannot be held liable for any changes, damage or data loss caused by the client or a client representative/contractor (third party).