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Terms and Conditions

WEBSITE DESIGN, DEVELOPMENT, HOSTING & GENERAL SERVICE USE AGREEMENT
 
It is our intent to serve our Clients to the best of our ability. One way we do this is by having a simple, yet clear agreement
between PeachBurst e-studio (US, WE, OUR) and the Client (YOU, SUBSCRIBER).
 
This WEBSITE DEVELOPMENT & USE AGREEMENT (this “Agreement”) becomes effective between PeachBurst e-studio and the Client upon subscribing of the project, which is right after the first payment.
 
These are the terms of our agreement together:
 
1. Purpose and Authorization. The Client is engaging PeachBurst e-studio, for the purpose of developing and/or improving a website to be installed on the Client's web space on a web hosting service's computer.  When signing up for De Luxe Web Hosting Plan, it is required that the webhost is PeachBurst e-studio. The Client authorizes PeachBurst e-studio to access this account, and authorizes the web hosting service or those under our management to provide us with "write permission" for the Client's web space.
 
2. Website Content. The Client agrees to provide PeachBurst e-studio ALL content for the website such as text, images, video and sound in an electronic format. All content is to be arranged by each web page as listed in the Section 10 “Estimated
Costs” or as needed. Client understands that PeachBurst e-studio may choose not begin to customize the website until all content is received. If the Client does not supply PeachBurst e-studio complete text and graphics content for all web pages contracted for by the Completion Date as listed in Section 13 of the Agreement, the entire amount of the Agreement becomes due and payable.
 
3. Designated Client Representative. To ensure effective communication and an efficient design process between the Client and PeachBurst e-studio, we recommend the Client to designate a single representative to work directly with PeachBurst e-studio. The representative will ensure ALL content has reached final approval within their organization before submitting the finalized content to PeachBurst e-studio. Please bear in mind that:
 
… for custom website design, changes made to content that has already been submitted by the representative may result in additional charges at a minimum rate of $35 per hour;
 
… for De Luxe Web Hosting Plan subscribers, change in contents for static pages and up to 100 product or service listing is FREE.
 
4. Web Hosting. The Client understands that:
 
any web hosting services for customized websites require a separate contract with a web hosting service. The Client agrees to select a web hosting service which allows PeachBurst e-studio full access to the website. The Client understands that certain features may need to be activated and/or purchased from the web hosting service in order for the web site to function properly. PeachBurst e-studio will work with the Client to ensure the correct hosting features are installed on the hosting server. If needed, PeachBurst e-studio can also provide a list of web host providers who support the technology required for the Client’s website.
 
… Our De Luxe Web Hosting Plan subscribers are required to have the Client’s website be hosted by us.  One domain name is free with each website hosted.
 
5. Website Maintenance. The Client understands that once the website is completed and installed to the Clients web space the Client takes on the responsibility of maintaining all aspects the site, such as text, images, video and sound files. PeachBurst e-studio will provide a list of Content Management System (CMS) which will assist the Client in maintaining the site. The Client is responsible for the cost of the CMS. PeachBurst e-studio will make changes to the site per the Clients request which will be billed at the rate posted on PeachBurst e-studio’s website.
 
6. Assignment of Project. PeachBurst e-studio reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on‐time completion.
 
7. Legal Stuff. PeachBurst e-studio does not warrant that the functions contained in the website will be uninterrupted or error‐free. In no event will PeachBurst e-studio be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
 
8. Copyrights and Trademarks. The Client represents to PeachBurst e-studio and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PeachBurst e-studio for inclusion in web pages 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, and defend PeachBurst e-studio and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
 
9. Copyright to WebPages. PeachBurst e-studio through an agreement has been provided the use of a 3rd party website template. The template may be used by PeachBurst e-studio to build a website for the Client. These templates are owned by the 3rd party provider and the Client agrees they may not put them on a diskette, CD, website or any other medium and offer them for redistribution or resale.
 
Upon final payment of this contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, source files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. PeachBurst e-studio and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
 
10. Website Pricing & Additional Services and Fees. PeachBurst e-studio pricing, services and fees are as follows.
 
Customized Website Pricing. The cost for a site starts at $2,500.00 which includes,
 
·     a website template of your choice, or even starting from scratch in scanned paper with your further instruction and design agreement with us
·     up to 10 customized web pages with Client’s provided content
·    1 additional blank template web page. This can be used by the Client to create additional web pages for their site, email marketing, etc
·     Publishing of the final approved site to the Client’s web space.
·    Temporary web space hosted by PeachBurst e-studio (a specific web address /URL will be provided) where the Client can follow the progress of the work during the customization phase.
·     Unlimited E‐mail support with the developer during customization phase
·     Web site submission to Google, Yahoo and Bing.
 
Website Features:
  • user-friendly and fully functional
  • contact/booking form
  • crisp quality graphics
  • mobile device ready
  • fast loading pages
  • Search Engine Optimization friendly and ready
  • What You See Is What You Get (WYSIWYG) editable contents  

Content Management System we do with customized design:

  • WordPress
  • Drupal
  • ZenCart
  • Prestashop
  • Others (your choice)

 
Type of Website:

  • Blogging
  • Restaurant platform with booking/reservation form and calendar
  • E-Commerce
  • Forum
  • Social Networking
  • Static Content

Additional Services and Fees

·     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 2 different options this plan offers: De Luxe Web Hosting Plan - Premium Template and De Luxe Web Hosting Plan - 100% Customized Template.
 
De Luxe Web Hosting Plan - Premium Template requires you to pay one-time set-up fee, while De Luxe Web Hosting Plan - 100% Customized Template requires 50% upfront fee. Our De Luxe Web Hosting Plan has no contract, and cancellation can take place anytime.  However, all payments received are non-refundable.

Any extra features you want to add for this plan will have a separate invoice.
 
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.

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