The Basics

Business Days
Business Days are Monday through Friday, except for Federal Holidays.

Business Hours
Business hours are on Business Days, 9am through 5pm, Pacific Time.

Turnaround Times
Company makes a best-effort to respond to all communications and support requests in a timely manner.

Normal turnaround for communication are 24 hours or less on Business Days.

Normal turnaround times for small to medium sized support requests are three (3) to five (5) Business Days. Client may request, in writing, upon initial request, that services be expedited. Urgent fees may be charged for expedited requests and Client agrees to pay all fees associated with the support request and additional fees. Provider will make a best-effort to complete the request in an expedited manner, but makes no guarantees for timelines or completion dates.

Communications sent through non-acceptable or invalid forms of communication are not held to any timeline or response expectations whatsoever. Client acknowledges that communications sent through non-acceptable or invalid forms of communication may incur Urgent fees and rates and agrees to pay these additional fees.

Billing and Payment
Invoices are sent at the beginning of each month. Any unbilled charges, uncategorized charges, non-project charges, and uncontracted charges shall be billed for in full.

Charges are considered Net 15 and are due two weeks after billed. Late notices are sent every thirty (30) days after billed. Late fees and processing charges shall be added to any invoice unpaid for more than sixty (60) days.

Client agrees to pay any invoice, in full, within 30 days of the date of the invoice by acceptable means. Acceptable means of payment will be provided on the invoice.

Any hosting client with any unpaid invoice due over ninety (90) days shall have hosting services suspended until payment is made in full. Invoices include any and all overdue invoices related to any services rendered by Company.

Invoices may be requested by Client at any time. Any remaining charges will be billed at the beginning of each month. All other services — unless expressly stated and agreed upon by Company — shall be paid before services are rendered. This includes but is not limited to — products, services delivered as products, marketing services. Client shall confer with Company in advance to discuss options in case a payment plan is required.

Refunds may be requested by Client, in writing. Refunds will NOT be made for services rendered. If a refund is granted, it will be minus services rendered, merchant account or processing fees, and may be minus a processing fee of up to $50 for reversing the charge.

Retainer fees shall be considered non-refundable by both Client and Company.

Cancellations and Rescheduling
Meetings scheduled for Tuesdays through Fridays must be canceled or rescheduled at least 24 hours before the scheduled meeting time. Meetings scheduled on Monday must be canceled or rescheduled before 4PM Pacific Time the previous Friday. Any cancellations or reschedules made in less than these times will be charged a $50 cancellation fee.

Up to one (1) reschedule is permitted per meeting with a maximum of two (2) accumulative reschedules per month. Any additional reschedules are $15 per reschedule. All reschedules must be done in the timetable listed above to avoid additional fees.

Client Responsibilities

RESPONSE TIMES
Client agrees to respond within Reasonable Turnaround Times on all communications and to provide content and materials requested by Company.

“Reasonable Turnaround Times” are considered up to 48 hours on Business Days for communication response and up to 5 Business Days for providing content and materials required for Company to complete requested services.

Client understands and agrees that failure to adhere to Reasonable Turnaround Times may induce any or all of the following:
Existing contracts and estimates may be rendered null and void
Existing contracts may be rendered as Urgent status and incur Urgent fees and wages
Projected or agreed upon completion dates of any project may be automatically extended

Client accepts full responsibility for any of the above consequences as a result of non-adherence to Reasonable Turnaround Times.

Client understands and agrees that Company turnaround times do not begin until Client has provided all necessary content and materials necessary for Company to complete requested services. Client accepts full responsibility for providing the necessary content and materials in a timely manner. If Client provides incomplete or piecemeal information, this may incur additional fees and breach the Reasonable Turnaround Times.

EDUCATION
Client agrees to become educated regarding any terms, topics or services which they are not aware of or knowledgeable about. Client understands and agrees that failure to be educated and knowledgeable on any term, topic or service does not free Client from responsibility for making requests for services or pardon Client from paying for services provided. Client agrees to consult any resources available to become fully educated regarding any terms, topics or services. Client understands that consulting Company for education on any terms, topics or services may constitute a consultation service which may incur service charges or fees.

BEHAVIOR
Client and Company agree to act with utmost professionalism and respect. Neither party, at any time or in any situation, shall find it acceptable to treat the other with anything less than the highest degree of respect and courtesy. Failure on Client’s behalf to treat Company with professionalism, respect and courtesy may, without notice, result in additional fees and higher rates.

Client agrees to obtain current W-9 or other tax information as needed directly from Company in order to file taxes. Client agrees to give Company at least thirty (30) days notice for requests for tax information.

CONTACT INFORMATION
Client agrees to provide and maintain current contact information. The minimum information required is Name, Client’s company name, Phone number, Email address, and Physical Address. Should any of these details change, Client agrees to notify Company and provide Company with the new information. Company also recommends that Client provide an additional contact phone and email address.

COMMUNICATIONS

The ONLY accepted forms of communication from Client to Company are email and phone call during normal business hours, and help desk technologies when provided. Any other form of communication whether it be texting, social networks or other communication shall be considered invalid, and any efforts made to communicate through these other channels or outside of normal business hours shall be charged at Urgent rates and fees.

Client accepts full responsibility for receiving all communications sent by Company. Client agrees to update and monitor contact information, spam filters, alternate filters and folders, whitelists, blacklists and any other devices to ensure they are receiving all communications from Company. Failure to do so does not excuse Client from responsibility for receiving Company communications.

Client agrees to manage, keep track of, remember and maintain all communications with Company. Client also agrees to make sure they understand all communications from Company, whether clarification is gained through Client’s own due diligence, research, asking clarifying questions or other means. Company agrees to communicate in terms that are as understandable and clear as possible, and may point Client to resources that provide further clarity if needed.

INFORMATION
Client agrees to provide Company with all information needed to execute services on Client’s behalf.

Working login credentials must be provided as needed. There shall be at $15 fee charged for every time non-working or incomplete login information is provided to Company.

ESTIMATES
Estimates are good for 60 days from the date of the estimate or a deadline specified on the estimate, whichever comes first. Any project completion date that expires as a result of Client requests, alterations to the project or other reasons caused by Client action or inaction will be charged at an hourly rate and billed on a monthly basis. Client may request an additional estimate that describes costs associated with the remainder or completion of said project.

Project estimates do not include fees for rush or urgent requests. Rush or urgent requests shall be charged at higher rates and billed separately, on a monthly basis or at the discretion of Company.

Project estimates do not constitute an agreement or contract until payment is made by Client. Any payment toward an estimate or project constitutes Client’s agreement to our Terms of Services. Payments toward estimates are considered non-refundable as services have already been rendered. If any refund is executed, any goods, services or products associated with that payment may be revoked, dismantled or otherwise deleted in full at Company’s full discretion. Company reserves and retains ownership of any goods, services, products or materials associated with refunded payments and may use said goods, services, products or materials at Company’s full discretion.

INTELLECTUAL PROPERTY
Client certifies that all materials — including but not limited to text, pictures, files, videos and technologies — are either owned by Client or Client has express, legal permission to use said materials for the purposes intended. Client agrees to hold Company innocent and inculpable should Client be found to not have legal permissions to use any materials provided to Company.

Client agrees that Company may place an unobtrusive, tasteful insignia and backlink on Client site indicating that Company offers services to Client.

Client agrees that Company may use materials, content, media, graphics, descriptions and other matter that Company has created or collaborated on in behalf of Client, for promotional use. Promotional uses include but are not limited to testimonials and case studies that show examples of Company work.

Company agrees to never to use Client-proprietary materials for profit and to respect all copyright, trademark and other intellectual property laws.

Privacy Policy

What information does Company collect from its Users?

Provider collects different types of personally identifiable information in order to be able to provide its services to You. Such information may include but is not limited to name, mailing address, telephone numbers, email addresses, credit card information and other. Users provide all such information voluntarily through various order forms, email messages sent to Provider, chat, telephone, text, etc.

Provider also collects different types of non-personally identifiable information that may include referral URL’s, Users’ IP addresses, Users’ use of website, information about the browsers used by the User, etc. Some of this information is collected through Cookies, which are small pieces of data that are sent to your browser from a web server and are stored on your computer’s hard drive and help Provider identify you as the User. You have the choice to modify your browser and thus to reject the Company’s cookies.

How does Company use the information it collects?

Provider uses all collected information exclusively for provisioning the services you have ordered, providing you with ongoing User support, and/or contacting you in order to offer continued or improved support. In order to provide optimal support, We may use any contact information provided by You in order to connect with You. In an effort to provide improved support, We may use User information for sending periodic emails announcing important service changes, new features, technical issues updates and news, promotional activities, etc. You can decide NOT to receive such emails by replying to any of them with “Unsubscribe” in the subject, or by clicking the “Unsubscribe” button at the bottom of the email. We may also use Your information to send you SMS notifications in case of issues which may lead to service interruption of your account(s). User information is also used for improving Provider’s business processes to make your overall user experience more rewarding. Your information can also be used for resolving ownership and other disputes and enforcing agreements between you and Provider.

Does Provider disclose Users’ information to third parties?

All personal information collected by Provider is treated as strictly confidential. We may disclose User’s personal information if required by law. We may disclose part of Users’ personal information to our business partners, independent contractors or other third parties when this is required in order to provide the services you have ordered. For example: your Credit card information may be provided for payment confirmation and verification to the Federally approved partnering entity involved in processing your payment; the personal information of anyone who uses Company’s domain name registration services is available in the public WHOIS searches as required by the domain name registration regulations; your personal and business related information may be provided to the SSL certificate provider with whom Company cooperates for providing you with the SSL certificate service, etc. The use of any data provided by Company to these partnering service providers is governed by their own Privacy Policies and is beyond Company’s control. Users may obtain Privacy Policy directly from these parties. Provider only conducts business with partners, contractors or other third parties who provide the utmost protection of User information.

Company may transfer Users’ personal information on the occasion of a sale of the company’s business. Successors and/or assigns are bound to the Terms of Service herein.

What does Provider do to prevent loss, misuse or alteration of Users’ information?

We guarantee that we strictly apply all legally required and industry standard security measures to protect your personal information. Such measures include without limitation: data encryption, password protected access to Users’ personal information, limited access to the sensitive data, encrypted transfer of sensitive data submitted by the User through Provider’s order forms, login forms etc. There may be security and privacy limitations, which are beyond Provider’s control. By choosing to provide personal information to Provider you understand and agree that the security, integrity and privacy of your information cannot be 100% guaranteed.

Provider reserves the right to change this Privacy Policy at any time. Such changes will become effective and binding after their posting on the web.ninja website. You agree to regularly review this Privacy Policy for revisions and updates. By continuing to use Provider’s services and website after any posted revision, you agree to those changes.

To report an incident of abuse, please email abuse@web.ninja.

SUPPLEMENTAL TERMS OF SERVICE

Friends & Family hosting packages, and Free hosting packages include absolutely no customer support for any Supplemental Services. “Supplemental Services” include answering questions that can be answered by a skilled Webmaster or by performing a routine internet search, as well as performing any action which can be administered by the Client by any means available via access to cPanel, FTP or other access provided by the Provider. Supplemental Services shall be provided by Provider at an hourly rate. Provider may require payment in advance depending on the service requested.

Managed Hosting packages include up to 15 minutes per month of webmaster services. Monthly service times are non-rollover and non-cumulative.

TECHNOLOGY AGREEMENT

Client agrees to keep all technologies up-to-date. No version of any technology may be older than one month. Regular audits will be performed of Client technologies with or without notice. Client accounts that have any version of technology older than one month may be subject to account suspension, website suspension, or automatic version updates performed by Provider.

Client agrees not to hold Provider responsible for any breaks or interruption in service caused by account suspension, website suspension, or automatic version updates performed by Provider. Client may request Provider assistance in fixing suspensions or breaks at Client’s expense.