Terms of Service Agreement
This Terms of Service Agreement ("Agreement") is entered into by and between Golden Ratio Media, LLC, doing business as Web Express, also known as Website Express ("Company"), and you, the user of the Company's services ("Customer" or "Client"). By accessing the Company's website or utilizing its services, you agree to comply with and be bound by this Agreement. If you do not agree to these terms, you must not use the Company's services or website.
1. Services Provided
The Company provides the following services:
- Website Design and Development: Custom website design and development tailored to the Customer’s needs.
- Hosting: Secure and reliable website and email hosting services.
- Domain Registration: Assistance with purchasing and managing domain names.
- eCommerce Solutions: Setup and management of shopping carts, hosted payment forms, and related functionalities.
- Payment Processing: Merchant accounts, payment integration services and access to the Company’s internal Webpay Payment Gateway.
- Branding and Graphic Design: Logo design, print design, and branding services to enhance your business’s identity.
- Print Services: High-quality printing for marketing materials.
- Marketing Services: Campaign management for web and traditional advertising, newsletters, and email marketing.
- Video Editing: Professional video editing services for promotional and marketing purposes.
2. Acceptance of Terms
By accessing or using the Company’s website, services, or digital products, you acknowledge that you have read, understood, and agree to be bound by this Agreement and all applicable laws and regulations. You are responsible for ensuring compliance with all applicable local laws.
3. Use License and Ownership
Company Services
- Customers are granted a non-exclusive, revocable license to use the Company’s hosting, content management systems, and related services during their active subscription.
- Ownership of proprietary software and tools remains exclusively with the Company. No rights are transferred to the Customer.
Ownership of Content
- Ownership of custom designs, logos, multimedia, and marketing materials transfers to the Customer upon full payment and if the account is in good standing.
- Stock assets (images, videos, audio) used in projects are licensed under standard terms and are not transferrable. Customers must acquire their own licenses for continued use of website stock phtography if their account becomes inactive.
4. Customer Responsibilities
Content Responsibility
- Customers are responsible for ensuring that all materials provided to the Company (text, images, videos) comply with copyright and intellectual property laws.
- Customers must review all provided content for accuracy and approve any changes before publication.
- The Company prohibits the use of its services for hosting or distributing unlawful, pornographic, or malicious content.
eCommerce and Payment Forms
- Customers utilizing eCommerce solutions must:
- Deliver products within the timelines stated on their site.
- Address disputes and chargebacks promptly.
- Provide clear refund and return policies to their customers.
5. Payment Processing
Customers utilizing merchant accounts and the Webpay Payment Gateway agree to:
- Comply with all applicable laws, including PCI DSS compliance.
- Use the services exclusively for legitimate business transactions.
- Address disputes or chargebacks promptly.
- Merchants are responsible for all fees and terms associated with payment processing services, as outlined in their merchant agreement.
The Company provides access to the Webpay payment gateway for processing transactions. By using Webpay, you agree to comply with all terms and conditions outlined in the Webpay Payment Gateway Merchant Agreement.
The full Webpay Payment Gateway Merchant Agreement is available by logging into the Webpay portal and clicking on the "Support" section. It is the Customer’s responsibility to review and adhere to these terms.
6. Marketing Services
Campaign Management
- The Company will create and manage campaigns based on agreed-upon goals. Customers are responsible for approving content and ads before deployment.
- Customers must provide accurate account information and feedback to ensure the success of marketing campaigns.
Newsletter and Email Campaigns
- Customers must provide email lists that comply with anti-spam laws (e.g., CAN-SPAM Act).
- The Company is not liable for the legality or accuracy of provided recipient lists.
7. Refund and Cancellation Policy
Design and Development Services
- Full refunds are available if work has not commenced.
- Partial refunds (up to 50%) may be granted if the project is less than halfway completed.
- No refunds are issued if the project is more than halfway completed or abandoned.
Hosting Services
- Refunds for hosting services are available within the first 15 days of the initial subscription. No refunds are available after this period.
- Customers must request refunds or cancellations in writing.
Abandoned Projects
- Projects are deemed abandoned if no communication is received from the Customer for 60 days. Abandoned projects are removed from active work queues and may incur reactivation fees.
8. Limitations of Liability
The Company and its suppliers are not liable for:
- Losses due to downtime, unauthorized access, poor-performance, or misuse of the services.
- Errors or omissions in Company-provided or Customer-provided content.
- Delays caused by third-party services or circumstances beyond the Company’s control.
You agree to indemnify and hold the Company harmless from any claims, damages, or liabilities arising from your use of the services.
9. Modifications to Terms
The Company reserves the right to update or modify this Agreement at any time. Continued use of the services constitutes acceptance of the updated terms.
10. Governing Law
This Agreement is governed by the laws of the State of Montana, without regard to its conflict of law provisions. Any legal disputes shall be resolved in Montana.
For further information or clarification, please contact us here.
Last Revised January 1, 2025