Terms of Service


Thank you for choosing Auburn Website Design to handle your project/projects. The following agreement specifies the terms and conditions of this project. Please review and sign this agreement with your payment. Please keep a copy of this agreement for your records. If you need a copy of the agreement containing our signature, we will be glad to send one to you at your request. Please be advised that Auburn Website Design shall retain the original signed agreement. If you have any questions about any item associated with this agreement, please contact us, and we will try to help you better understand any provisions in this agreement.

Auburn Website Design LLC consultants respects your right to the privacy of the personal information you provide us on our website. To that end, unless you designate otherwise or we state otherwise in this policy or at the time information is collected, any personal information you provide to Auburn Website Design LLC consultants will be known only to two parties: You and Auburn Website Design LLC consultants. The following policy is intended to explain how your personal information will be treated as you make use of our sites and their features. Personal information includes your name, street and e-mail addresses, billing information, click-through activity and any other personal information you may provide here.

Traffic data:
Each time a visitor comes to a Auburn Website Design LLC website, our servers — like most on the web — collect some basic technical information, including, for example, the visitor’s domain name (e.g., whether the user is logged on from aol.com or whitehouse.gov), referral data (e.g., we record the address of the last URL a user visited prior to clicking through to Auburn Website Design LLC Website) and browser and platform type (e.g., a Netscape browser on a Macintosh platform).
We also count or track the visitor’s activity into our analysis of general traffic flows at our sites (e.g. tracking where traffic comes from, how traffic flows within the Auburn Website Design , LLC Websites, etc.). To these ends, we may merge information about visitors and visits into group data.

Auburn Website Design LLC / Auburn Website Design LLC Newsletters:
In order to receive Auburn Website Design LLC Newsletters subscribers provide Auburn Website Design LLC with personal information including an e-mail address, and First Name. This information will not be sold or shared with anyone.

Other sites:
Auburn Website Design , LLC Website contains many links to other sites on the Web. We cannot control, and are not responsible for the privacy practices or content of such other Websites.
Who can I ask if I have any additional questions?
If you have any further questions or concerns about Auburn Website Design , LLC privacy policies and use of personal information, please send them to info@auburnwebsitedesign.com or call 1-425-605-6691

Cancellations:
All cancellations or refund requests must be in written form and sent via e mail to our offices no later than three days after initial registration. Any cancellations that fall outside of the three day return policy will not receive a refund on their cancellation, furthermore user will be bound to the terms and conditions set forth in this user agreement. E-mail: info@auburnwebsitedesign.com 

Terms & Conditions:
The following terms and conditions (the “Terms and Conditions”) govern your use of all Auburn Website Design LLC website packages and services. These Terms and Conditions include our Privacy Policy and Supplemental Terms and Conditions (“Supplemental Terms”) that will govern your use of specific Auburn Website Design LLC services (“Additional Services”).

 Satisfaction Guarantee: 
Auburn Website Design LLC will produce any service / services purchased based on the materials “images, text, and user contact” given.
By accepting the terms and conditions the client agrees to all of the terms and conditions associated to this contract. Furthermore the client acknowledges and agrees to the set up fee associated to the registration process of Auburn Website Design LLC service / services and agrees to enter into this agreement willingly and knowingly.

  1. Copyrighted Information and Copyright Agent. Please note that the pages on Auburn Website Design LLC website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the “Materials”) contained on any page within Auburn Website Design LLC website are copyrighted by Auburn Website Design LLC. Title to the copyright Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of Auburn Website Design LLC. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Auburn Website Design LLC, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder’s intellectual property rights, whether by estoppel, implication or otherwise. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. AUBURN WEBSITE DESIGN LLC MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF AUBURN WEBSITE DESIGN LLC WEBSITE AT ANY TIME. Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication or re-transmission of any information contained on Auburn Website Design LLC Website without the prior written consent of Auburn Website Design LLC is strictly prohibited. Auburn Website Design LLC respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Auburn Website Design LLC Copyright Agent, the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the complaining party; (e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and  (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Auburn Website Design LLC Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows: Email: info@auburnwebsitedesign.com
  2. Notice With Regard to Documents on Auburn Website Design LLC Website. Permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the “Documents”) is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from this Site is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
  3. Online Privacy Policy. Our online Privacy Policy (“About Your Security and Privacy”) forms a part of these Terms and Conditions. Supplemental Terms also contain additional and different terms, including without limitation regarding the collection, use, and sharing of personal information provided in connection with the use of such services, which you should read carefully before using such services.
  4. Disclaimers and Limitation on Liability
    (A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED “AS IS,” AND AUBURN WEBSITE DESIGN LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO AUBURN WEBSITE DESIGN WEBSITE OR ITS CONTENTS. AUBURN WEBSITE DESIGN LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT-ABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    (B) DISCLAIMER OF ACCURACY. AUBURN WEBSITE DESIGN LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA AUBURN WEBSITE DESIGN LLC WEBSITE IS ACCURATE, COMPLETE OR CURRENT. AUBURN WEBSITE DESIGN LLC WEBSITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. AUBURN WEBSITE DESIGN LLC RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY AUBURN WEBSITE DESIGN LLC WEBSITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. AUBURN WEBSITE DESIGN LLC MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. AUBURN WEBSITE DESIGN LLC IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
    (C) LIMITATION ON LIABILITY. NEITHER AUBURN WEBSITE DESIGN LLC NOR ANY OF ITS MEMBERS, DIRECTORS, VOLUNTEERS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF AUBURN WEBSITE DESIGN LLC WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
    YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH AUBURN WEBSITE DESIGN LLC WEBSITE AND WILL NOT MAKE ANY CLAIM AGAINST AUBURN WEBSITE DESIGN LLC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
    (D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF. 

5.Links to Third Party Sites: Any other websites that are accessible via any link on Auburn Website Design LLC Website are not under the control of Auburn Website Design LLC. Auburn Website Design LLC is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Auburn Website Design LLC provides the linked sites to you only as a convenience, and the inclusions of any such link on the Site does not imply Auburn Website Design LLC endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.

  1. Export Restrictions. You acknowledge and agree that the Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
  2. References to Products or Services. Information published by Auburn Website Design LLC on Auburn Website Design LLC Website may contain references or cross references to Auburn Website Design LLC products or services that are not announced or available in your country. Such references do not imply that Auburn Website Design LLC intends to announce such products or services in your country. Please contact Auburn Website Design LLC for information regarding the products and services that may be available to you.
  3. User Input. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on Auburn Website Design LLC Website transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained Auburn Website Design Website, such information shall be deemed to be non-confidential and Auburn Website Design LLC shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Auburn Website Design LLC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on Auburn Website Design LLC Website, or other Auburn Website Design LLC publications, and developing, manufacturing, and marketing products using such information. Auburn Website Design LLC shall have no obligation to compensate the contributor of such information in any manner. 
  4. Governing Law; Venue for any Proceedings. Any action, proceeding, dispute, claim or controversy arising out of or relating to Auburn Website Design LLC Website, or these Terms and Conditions, or any Auburn Website Design LLC products or Auburn Website Design LLC services offered on or accessed via Auburn Website Design LLC Website, shall (i) be governed by Washington State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of Washington located in King County or of the United States District Court of Washington , and you hereby submit to the jurisdiction of said courts.
  5. Complete Agreement; Changes to the Terms and Conditions. These Terms and Conditions represent the entire understanding relating to the use of Auburn Website Design LLC Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Auburn Website Design LLC shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on Auburn Website Design LLC Website. Any use of Auburn Website Design LLC Website after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
  6. “Auburn Website Design LLC “, the Auburn Website Design LLC logo, and Auburn Website Design LLC are registered trademarks or service marks of Auburn Website Design LLC. All other products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Auburn Website Design LLC Website without prior written permission of Auburn Website Design LLC or other trademark owners.
  7. You agree to defend, indemnify, and hold harmless Auburn Website Design LLC, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions. Auburn Website Design LLC shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
  8. Auburn Website Design LLC may terminate this agreement at any time.  Upon termination, you agree to cease all use of Auburn Website Design LLC Website.  Without limiting the foregoing, Auburn Website Design LLC shall have the right to immediately terminate your access and use of Auburn Website Design LLC Website, or any portion of the Site, in the event of any conduct by you or through your account which Auburn Website Design LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. 
  9. Please email us at info@auburnwebsitedesign.com with any questions you have about these Terms and Conditions, including our online Privacy Policy.
  10. It takes time to create a website or service provided by Auburn Website Design that will deliver the results you have been looking for. With Auburn Website Design LLC we give ourselves sixty business days to concur all of the data collecting, data basing, and graphic design before we can publish the site or service to the World Wide Web.

Client and Third Party Site Modifications. Auburn Website Design is not responsible for any changes made to the site or service provided by Auburn Website Design by any other party, or an authorized agent. If the client or an agent other than Auburn Website Design attempts updating the client’s pages or any other services provided by Auburn Website Design, time to repair web pages or services delivered by Auburn Website Design will be assessed at the hourly rate of $98.95, and is not included as part of the updating time.

Copyright & Ownership to Web page’s & Domain. Copyright to the finished assembled work of web pages or services produced by Auburn Website Design belongs solely and exclusively to Auburn Website Design. Auburn Website Design is assigned rights to the use and the ownership of the website, design, graphics, and text contained in the finished assembled website or service and print templates. Rights to photos, graphics, source code, work-up files, and computer programs are specifically transferred to the client, and remain the property of their respective owners. Any licensed software not developed by Auburn Website Design (such as CGI, Pearl, PHP scripts) may be owned by another software company that has granted Auburn Website Design the right to initiate it into the client’s website, and does not grant the client ownership of the script. If client decides to purchase the Website or service in full, Auburn Website Design will assess value of final project (website or service) in terms of work performed and a final estimate will be quoted to client. Auburn Website Design and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios, unless otherwise specified by the client. Auburn Website Design retains ownership of the domain name(s) bought through Auburn Website Design. Domains purchased by client remain the sole ownership of the client. Auburn Website Design reserves the right to withhold property such as domain names and copyright ownership if the client is in debt to Auburn Website Design.

Payment of Fees. In order for Auburn Website Design to keep its rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a $25.00 charge if payment is not received within 10 days after the due date. If an amount remains delinquent 30 days after its due date, an additional 20% penalty will be added for each month of delinquency. Auburn Website Design reserves the right to remove web pages or services from viewing on the internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process.

Sole Agreement. The agreement contained in this “Website Package or Service Contract” constitutes the sole agreement between Auburn Website Design LLC and the client regarding the project associated and in the approved proposal. Any additional work not specified in this contract must be authorized by a separate written order.

Initial Payment. Payment of the base fee will be made as follows: The initial cost of the project will be paid from the client in advance for the amount of the package or service price associated, this amount is not recurring. Client will also be billed $98.95 for hosting and maintenance on website. Billing for hosting and maintenance shall recur at the end of each month, unless otherwise stated by client.

Maintenance and Hourly Rate. This agreement includes minor web page maintenance for the first 30 business days after the website is completed, including updating links and making minor changes to a sentence or paragraph. Also included in the agreement are (3 changes within reason) each following month after initial set up. Changes requested by the client beyond those limits will be billed at the hourly rate of $98.95, with a one hour minimum per update. This rate shall govern additional work authorized beyond the maximums specified above for services such as general internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, photo editing, graphics services, and helping clients learn how to use their own web page editor. Charges are billed at the hourly rate of $98.95, with a one hour minimum per update.

Changes to Submitted Text. Please send us your finalized text. Time required to make substantive changes to client-submitted text after the web page has been constructed will be considered additional time and invoiced at the hourly rate of $98.95.

Completion Date. Auburn Website Design and the client must work together to complete the project associated with this document in a timely manner. We agree to work expeditiously to complete the project. The client is responsible for supplying Auburn Website Design with complete text and the necessary items and graphics that are not developed by Auburn Website Design for the web pages or services in a timely matter. The client has 10 days within the date of this contract to supply all information necessary to complete the website. If after 10 days Auburn Website Design has still not received the information necessary to complete the project, then the client is in breach of contract and shall lose 40% of the full deposited amount.

Assignment of Project. Auburn Website Design reserves the right to assign subcontractors to this project to ensure on-time completion.

Limitation of Liability. In no event shall Auburn Website Design 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, website or services, if Auburn Website Design has not previously been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever-able from this agreement and shall not affect the validity and enforce-ability of any remaining provisions.

 

 

 

By signing the user agreement you agree to all of the terms and conditions, as well as the one time set up fee associated to the registration process with Auburn Website Design LLC and Auburn Website Design LLC Web site.

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Signed by Matt Witwicki
Signed On: December 22, 2023


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Document name: Terms of Service
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