Terms and Conditions

·     Web Template selected outside our gallery – Actual cost of template from 3rd party provider. Typically $35 to
$90 per template.
·    Additional Web Pages – $75 per page. This is for each page over to the allotted 10 which are include in the cost of the website.
·    Logo Design ‐ $120 per design with up to 3 alterations. After alteration limit, each alteration cost starts at $35.00/design. PeachBurst e-studio will provide Client with source file used in the creation of the logo along with three additional jpeg versions of the file. (color, grayscale and black and white.
·    Professional Content Writing and/or Location/Product Photography ‐ $100 locator fee. PeachBurst e-studio will help you locate and hire a professional content writer for your website. Client is responsible for paying the writer directly for services.
·     Other services and fees – The Client and PeachBurst e-studio may agree to provide additional services in relation to the website. The cost for the additional services will be agreed upon in advance between the Client and PeachBurst e-studio.
 
11. Estimated Costs. Fees to PeachBurst e-studio are due and payable on the following schedule:
·     50% of the estimated cost upon signing of this Agreement
·     Remaining balance due once template is completed with the content provided from the Client.
 
12. Initial Payment, Final Payment and Cancellation.
 
12a. Customized Website Design & Development
Initial payment is the 50% upfront fee based on the total estimated cost of the project.  Cost estimate commences after you have delivered to us what your project is all about.  Initial fees are non-refundable due to our immediate action in starting working for the project, and following our agreement with our subcontractors’. At the completion of the site PeachBurst e-studio will provide the Client with a final billing of the actual cost for the site. Payment must be received in full before the web site is published to the Client’s web space.
 
If the Client halts work and applies by registered letter for a cancellation within 30 days of the Effective Date to the following mailing addresses of PeachBurst e-studio:

• 4747 36th Street
  Suite 272414
  Long Island City, NY 11101
  United States 

• 28 W Ayre St.
  Suite 272414
  Wilmington, DE 19804
  United States 

• 14121 NE Airport Way
  #336689
  Portland Oregon 97230
  United States

The Client will be provided with a final billing within 10 day of the cancellation. Any work completed up to the cancellation date will be billed to the Client. The Client is responsible to pay for any work completed which is not covered by the initial deposit.
 
12b. De Luxe Web Hosting Plan
There are 3 different options this plan offers: Basic, Deluxe with Premium Templates and De Luxe with 100% Customized Template.
 
Basic and Deluxe with Premium Templates Plans require you to pay one-time set-up fee (unless promo is offered), while De Luxe Web Hosting Plan - 100% Customized Template requires 50% upfront fee. All our web hosting plans can be cancelled anytime, however all payments received are non-refundable.

Any extra features you want to add for this plan will have a separate invoice at a rate of US$35.00/hour.
 
13. Completion Date. PeachBurst e-studio and the Client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website in 3 months or less.

14. Website & Domain Hosting

For your convenience and ease for us to manage your website under our De Luxe Web Hosting Plan, PeachBurst e-studio works with third party to host your website.  
 
The Internet hosting we provide is a shared hosting used by multiple individuals and entities. You may only use the Services for a lawful purpose, further limited by our Agreement. You may not use the Services to transmit or disseminate material, data or information that violates the laws of any country, or U.S. federal, state or local regulation. You may not use the Services to facilitate or encourage a violation of these laws. The dissemination of child pornography, child erotica or bestiality is strictly prohibited, regardless of whether this data is allowed in your jurisdiction.  We also do not host adult and gambling websites; websites intended to disseminate brutality, violence and racial discrimination, and all other that we deem inappropriate to be hosted.

14.1. This Service Must Be Used in a Positive Manner

                        14.1.1. You may only distribute email to individuals who have notified you that they wish to receive your communications, or those of your customers. You must be in possession of that notice. Distribution of mail in any other manner is considered by us to be SPAM
                        14.1.2. This service may only be used to promote positive interaction with the Internet. Instruction on hacking, or engaging in other malicious behavior, is not allowed
                        14.1.3. In many cases your use of the Services has impact on other users of our network. You may not use the Services in a manner that would affect their ability to use the Services.   
                        14.1.4. Collecting, or using, email addresses, screen names, or other personal identifiers without the consent of the person identified, is prohibited.   
                        14.1.5. This Service may only be used to identify you or your End Users. They may not be used to impersonate another person or entity. This includes spoofing email or network packet headers for any reason.   
                        14.1.6. Your conduct must be generally acceptable in the Internet community. Any conduct that is likely to result in retaliation against our business, including behavior that makes our network or us the subject of DDoS attacks, is prohibited.

14.2. The IP addresses Assigned to You May Not be Abused

                        14.2.1. It is a violation of this AUP for the IP addresses assigned to you to be listed on an abuse database or blacklist.
                        14.2.2. You may not rent out the IP addresses assigned to you.
                        14.2.3. Your use of the Service must be reasonable

14.3. Certain Uses of the Services Are Expressly Prohibited

            You may not use the Services for the following:
               1. To distribute pornography;
               2. To consume more than 10% of the network resources assigned to that Service;
               3. obscene speech;
               4. promoting violence or injury;
               5. using defamatory or abusive language;
               6. gambling, or similar activities such as pyramid or ponzi schemes;
               7. instructing others in prohibited activities;
               8. forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message;
               9. creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
              10. hacking, and/or subverting, or assisting others in subverting, the security or integrity of our services or systems;
              14. soliciting the performance of any illegal activity, even if the activity itself is not performed;
              12. You and your End Users may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, copyrights, trademarks, service marks, trade secrets, software piracy and patents; and/or
              13. acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
 
Other Website and Domain Hosting Conditions:

• Your order will be subject to fraud screening. As a result, your order may be rejected after you submit it. We have no obligation to provide the Services to you until your order is confirmed by us in writing. Note, that some Services, for example domain name registrations, may not be immediately processed. It is possible that between the time you place an order, the time the order is screened, and the time it is implemented by us, a particular Service or component of the Service may not be available.
• If we, or our data center operator, are obligated to engage in any "hands on" labor to make the Services available due to your error, you agree that our hourly fee, or any charges assessed by our data center provider, will be added to the Fee, and you agree to pay those charges.
• You agree that we may investigate your use of our Services, and that of those who use the Services through you, to ensure compliance with this Agreement and the law. You agree to cooperate with us in this investigation at your cost. If we determine, based on our investigation, that you or your customer(s) (End User(s)) have violated this Agreement, or the law, you will be responsible for all costs of the investigation, and agree that we may debit the method of payment we have on file for you for these charges.
• If a third party audits our Services, you agree to provide reasonable cooperation with this audit, including, but not limited to, providing us with copies of applicable licenses.
• You will not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act.
• In the Order Form, and in all interactions with us, you agree to provide us with accurate information. You understand and agree that we will rely on this information in providing the Services to you. We have no liability for interruptions of the Service based on your failure to provide us with accurate information, or to update information that has become inaccurate. The individual or entity set out in our records as the customer hall be the owner of the account. We may take action based on the instructions of this individual. 
• We believe that the descriptions of the Services set out on our Product Pages (the Product Descriptions) are accurate. However, you may not terminate the Services without penalty unless the Product Descriptions are materially inaccurate.
• The Services may have limits or caps on their use. Our Product Descriptions set out these limits. Your use of the Services may be restricted, or you may be charged supplemental Fees, if you exceed these limits. You expressly agree that you are bound by these limits.
• You are responsible for providing equipment necessary for you to access the Services. Unless expressly set out in an Order Form, we do not warrant that your equipment will be compatible with the Services, or that the public Internet will be available when you seek to access and use the Services.
• Back-up services are available in our De Luxe Web Hosting Plan, which goes once a month.  If you want a weekly backup schedule, an additional fee of US$30.00.month applies. You expressly acknowledge and agree that back-up services will not capture all data. If you ask us to restore material from back up, it will be a bare metal restore. This means that all functionality that may have been available from the deployment of that information or data on our servers may need to be re-created. Creating this functionality will be at your expense. You agree that we will have no liability to you or any other person for loss, damage, integrity, usability accessibility or destruction of any data, other than in the case or our gross negligence or willful misconduct.
• The IP addresses assigned to you are our property. You have no ownership interest in them. We reserve the right to assign you new IP addresses from time-to-time and at any time.
• U.S. Export Laws Apply to Use of the Services. Your use of the Services is governed by U.S. export control laws. These laws apply regardless of whether the you or your End User actually resides in the United States. You may not use the Services to engage in a violation of these laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export. You may not use the Services to provide services to entities with whom U.S. citizens may not do business. 

This agreement also applies with the rest of services we offer that are not specified in this writing.