Contract Policies and Terms of Service

Updated: August 8, 2022

Our desire is to have positive relationships with you, our client. One way is to make clear our understandings with each other. These are the terms of our Website Design / Development Agreement (hereafter the “Agreement”).

1. Project Introduction

The client is engaging AO Studios Inc. ( d.b.a. Golf Web Design & Arbé Digital), as an independent contractor for the specific project of developing and / or improving a World Wide Web site to be installed on Arbé Digital servers. The client authorizes Arbé Digital to publicize their completed web site to web search engines, as well as other web directories.

2. Payment of fees

Fees to Arbé Digital are due and payable on the following schedule:

  1. A one-time setup fee
  2. A recurring monthly payment
  3. Clients paying monthly by credit card expressly agree to have their credit card account billed monthly for the recurring charges as set out in their contract for the life of the Agreement including any automatic renewal periods.
  4. Clients paying by check agree to either a quarterly or annual charge unless previously negotiated. All invoices are to be paid within 15 days of issue date.
  5. Setup fee is due upon execution of this Agreement.
  6. All payments will be made in US Dollars.

3. Add-on Services

Arbé Digital provides additional services above and beyond our standard services that are included with our monthly fee features. These services are outlined below and are subject to change when additional services are requested / modified / added as technology permits.

  • e-Mail Address Service
  • e-Mail Campaign Web Software (*pricing varies based on number of subscribers in database)
  • The breakpoint for subscriber levels are as follows: Please contact your Account Manager for current pricing rates.

    • e-Mails: 0 - 2,000
    • e-Mails: 2,001 - 5,000
    • e-Mails: 5,001 - 10,000
    • e-Mails: 10,001 - 25,000
  • SSL Certificate
  • Online Store

4. Maintenance, Changes, Modifications and Hourly Rates

Maintenance, changes or modifications outside the scope of "normal service" are subject, but not required to invoicing. Arbé Digital is required to send an estimate for any additional work outside the scope of this contract that has not been previously agreed upon by the client before any work is begun. Arbé Digital's hourly rate is $125.00 per hour plus disbursements or unless negotiated between the client and Arbé Digital in a written agreement as an addendum to this document. Additional work will be billed in fifteen-minute increments.

5. Custom Work - Right to Refuse

Arbé Digital reserves the right to refuse custom work requests for products above and beyond our original service products. In no event will Arbé Digital 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 refusal of custom work / services even if Arbé Digital has been advised of the possibility of such damages. Should Arbé Digital refuse custom work / services for any reason, the client will be exempt from any obligations set out in "Section 9. Service Terms & Conditions." An example of custom work / services is if a client requested we build an online lesson scheduling program. Arbé Digital reserves the right to refuse this request and our contract terms would still apply as set out in "Section 9. Service Terms & Conditions."

6. Privacy Policy

Arbé Digital has implemented a Privacy Policy, which discloses the privacy principles from which we will collect, use or disclose personal information. This policy is part of our commitment to ensure all Personal Information is protected and used in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA). Although, Arbé Digital does not require the collection of Personal Information in order to provide its goods and services, on occasion we may be provided or be informed of such information. Regardless of how Arbé Digital comes to know of such information, we will protect the privacy of individuals and their integrity.

7. Legal

Copyrights and Trademarks. The Client represents to Arbé Digital and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Arbé Digital 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 Arbé Digital from any claim or suit arising from the use of such elements furnished by the Client.

Severability. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one provision shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect.

Non-Waiver. Any failure by either party to enforce at any time any of the provisions, including without limitation, the termination provisions of this Agreement shall not be construed to be a waiver of such provision or of the right of either party thereafter to enforce such provision or exercise any other rights available to it under this Agreement or at law.

Jurisdiction. This Agreement shall be construed and the rights of the parties shall be determined in accordance with the laws of the United States and the State of South Carolina.

8. Domain Name Service

If the Client does not wish to have Arbé Digital purchase and maintain a domain name Arbé Digital can assist the Client to obtain a Domain Name (i.e. www.yourcompany.com). The domain name will be the property of the Client and as such the Client will be solely responsible for maintaining said service and any resulting fees. Arbé Digital does not warrant that the Domain Services will be uninterrupted or error-free. The entire risk in obtaining and maintaining the Client's domain name lies with the Client. In no event will Arbé Digital be liable to the Client of 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 the Clients domain service, even if Arbé Digital has been advised of the possibility of such damages. Arbé Digital can purchase and maintain the Domain Name for the Client. When this is the case, Arbé Digital takes the responsibility of maintaining the service and any resulting fees associated with that service as long as the Client is current with their monthly service fees. If the Client wishes to terminate Agreement as outlined in "Section 9. Contract Termination" there may be a resulting transfer fee for the Domain name based upon when the Agreement was terminated.

9. Service Terms & Conditions

  • Length of Service. The Client agrees to a twelve (12) month contract term, beginning upon terms set out in "Section 9. Billing Service Start Date". Renewal prices are subject to change. Any contract revisions or price changes must be disclosed 90 days prior to renewal date and approved by client in writing. The contract will automatically renew for consecutive 12 month periods unless canceled in writing by the client 30 days prior to the end of the current contract term.

  • Contract Termination. Any Client wishing to terminate services during their contract term will owe the remaining account balance for that term prior to termination unless termination is due to a default by Arbé Digital.

    Client shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to a violation by the client of the Arbé Digital Policies and Terms of Service Agreement located within this document.

  • Early Termination Release. Clients requesting to terminate their contract before their first one-year term expires are subject to an early termination fee. Failure to pay this fee may result in a court order and/or collection agency intervention.

  • Billing Service Start Date. Billing service shall start on the first or the fifteenth day of the month after the development site URL has been sent to the client. If Client delays launch date due to any circumstances the service agreement and billing date shall remain in effect.

  • Monthly Website Maintenance. Monthly fees paid to Arbé Digital shall include website maintenance. The nature of these updates are limited to monitoring of global server updates and website related program updates. Monthly website updates do not include graphic oriented services.

  • Delinquent Accounts. In the case of a web site hosted on a Arbé Digital server, failure of Client to remit payment to Arbé Digital by the invoice due date is cause for removal of the Client's web site files from the Arbé Digital server. Client agrees that Arbé Digital shall not be held liable for such removal or disconnection.

An account is considered delinquent after 15 days of non-payment. After the 15th day the Client is subject to and / or all of the available options.

  • Early termination fee shall total 3 months of total package billing (ex. Package at $199.00 x 3 months = $597.00 fee)
  • Request that the Client pay for the remaining balance of his / her current contract

10. Free Speech Policy

We don’t really care about what you send in e-mail, or what you put on your web pages. But, material that we deem to be grossly offensive, including clear expressions of bigotry, racism, or hatred, will not be tolerated.

11. Piracy

We will not tolerate the use of our services to promote software piracy.

12. Copyrights and Trademarks

The Client represents to Arbé Digital and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Arbé Digital 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 Arbé Digital from any claim or suit arising from the use of such elements furnished by the Client.

Arbé Digital owns the copyright of the design, function, and overall look of the commissioned website. The client owns the written front end copy of the website as set out in this Agreement. This is always the case unless a written agreement or inclusion is provided.

The following is a non-exclusive list of actions and content that are not permitted on the site:

  1. Any use of copyrighted material without the express permission of the author or owner.
  2. Pages that exploit the images of anyone under the age of 18.
  3. Material that we deem to be grossly offensive, including clear expressions of bigotry, racism, or hatred.
  4. Messages, web pages, or communications of any kind that promote illegal activity.
  5. Material that defames, abuses or threatens others.
  6. Making available copyrighted software which has been “cracked” – i.e., the copyright protection has been removed from the software.
  7. Making available serial numbers for software which can be used to illegally validate or register software.
  8. Making available tools which can be used for no purpose other than for “cracking” software.

13. Arbé Digital Web Signature

The bottom of the Client's website will contain a link to Arbé Digital’s (or Golf Web Design's) web page.

14. Indemnity

Client agrees to indemnify Arbé Digital and any third-party information providers against any and all claims and expenses, including attorneys’ fees, arising from the client’s use of the Site. This expressly includes: (i) User’s responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within client’s web page or other portion of the Site.

15. Terms of Service

The following is a list of services and offerings that a client of Arbé Digital might receive. Please note that the scope of work for custom projects varies, therefore services for those projects may not be listed here.

Domain / Website Hosting / Email

  • Annual domain name renewal
  • Linux Server
  • 99.9% Uptime
  • Unlimited monthly bandwidth
  • Google analytics
  • Staff Email addresses (different rates/packages available)

Website Development & Design

  • HTML5 Responsive Design (built for Mobile)
  • Content Management System
  • Multiple user management & privileges
  • Member login / notification system
  • Unlimited Pages / Blog
  • Optimized for Search Engines / Search Engine Submission
  • Unlimited forms / event registration / calendar
  • Integrations with tee sheets, POS systems, online scheduling

Customer Support

  • Phone Support, Monday - Friday
  • Email Support, 365 days a year
  • Dedicated Account Manager:
    • Website training
    • Site updates, revisions and enhancements
    • Marketing Support
    • Technical Support

Marketing

  • Email Marketing (different rates/packages available)
  • Social Media Integration & Consultation
  • Data & User Collection
  • Online Coupon Management
  • e-Clubs / Newsletters
  • Quarterly Marketing Consultation

If you have any questions regarding the information on this page please contact info@golfwebdesign.com.