PHXWeb Studio Terms & Conditions
Welcome to Phoenix Website Design Studio (PHXWeb.studio) website. You will be bind to these terms and conditions (the "terms"), the corporation or company you represent (in general "you") to the terms and conditions, wesbite disclaimer, priovacy policy, affiliate and accessibility disclosures explained herein as part of your access or use of Phoenix Website Design Studio (PHXWeb.studio) ("we", “our” "us" or " Phoenix Website Design Studio (PHXWeb.studio)") website, or other features made available through our website located at www.PHXWeb.studio (referred to as, our "website"). By accessing the website, you agree to be bound by the terms. If you disagreed with all or any of these terms, please close this website and do not use the Phoenix Website Design Studio (PHXWeb.studio) website.
Occasionally, we can update or review these terms to reflect new or clarify various practices like when new features are added, and Phoenix Website Design Studio (PHXWeb.studio) reserves the right at its sole discretion at any time modify or make changes to these terms and conditions. Changes will become effective and binding on the day they are posted unless otherwise specified.
Your continued access of our website after changes become effective to interpret your acceptance of these changes and modifications. You should endeavor to check the website regularly to ensure you are aware of the latest version of the terms and conditions, as an updated terms will supersede all previous terms.
Phoenix Website Design Studio (PHXWeb.studio) can interrupt the availability of the website or modify the website or services anytime.
Content, Permissions, and Licenses
All technologies, software, materials, information, designs, text, graphics, links, electronic art, animations, illustrations, artwork, communications, video clips, audio clips, comments, ideas, pictures, and other data or protected content or documents including the arrangements and appearance of the website thereof is referred to as "content". Where Phoenix Website Design Studio (PHXWeb.studio) provides the content to you about the services, as well as, but not only the software, and the website, it is referred to as "corporate content." While content transmitted, sent or downloaded to the website by a user or visitor is "submitted content." Any submitted content still maintains the exclusive property of the person or entity that submits it.
Phoenix Website Design Studio (PHXWeb.studio) hereby grants to you (as a user or visitor) a non-exclusive, nontransferable and limited license to access and use the content and the website, mainly for your purposes, and non-commercial, in accordance with these terms and conditions. Other uses are expressly forbidden without our express written consent and approval. You may not redistribute, reproduce, assign, transmit, disseminate, rent, sell, adapt, lend, edit, share, create derivative works from, transfer, modify, or otherwise license or use any content unless we give you explicit permission and approval to do so.
Service marks, logos, and Trademarks (the "trade-marks") displayed and used on this website or in any corporate content are our legally registered or unrecorded trademarks of us or our suppliers, affiliates or third parties and are protected by all trademark laws. All rights are reserved, and you have no right to modify or obscure the marks, or the link to the marks without our prior consent and approval.
Disclaimer of warranties
THIS WEBSITE, AND ALL CONTENT OF THE UNDERTAKING, OR SUBMITTED CONTENT, AND ANY OTHER MATERIAL MADE AVAILABLE THROUGH OR ON THE USE OF THIS WEBSITE ARE PROVIDED ON "AS IS" AND “AS AVAILABLE BASIS” AND WITHOUT ANY WARRANTIES OR REPRESENTATION EITHER EXPRESSED OR IMPLIED IN THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) AND ITS LICENSORS, ADVERTISERS, SUBSIDIARIES, SPONSORS AND AGENTS, SUPPLIERS, DISCLAIM EVERY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, ACCURACY, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, COUNTERFEITING, AS WELL AS ANY WARRANTY THAT MAY BE AS A RESULT OF PROCESSING, PERFORMANCE OR ACCESS OR USE OF THE WEBSITE. PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) AND ITS LICENSORS, SUBSIDIARIES, ADVERTISERS, SPONSORS, SUPPLIERS, AND AGENTS DOES NOT GUARANTEE THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. OR THAT ANY DEFECTS WILL BE PROMPTLY CORRECTED, OR THAT THE WEBSITE, THE SERVER OR SERVERS ON WHICH THE WEBSITE IS HOSTED, OR ANY OTHER SERVICES OR LINKS MADE AVAILABLE ON A THIRD-PARTY PLATFORM WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. NO STATEMENT OR NOTICE OF PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) OR ITS LICENSORS, SUBSIDIARIES, ADVERTISERS, SUPPLIERS, MEMBERS, AGENTS, OR VISITORS, WHETHER MADE THROUGH THE USE OF THE WEBSITE OR ON THIRD-PARTY LINKS, SERVICE OR PLATFORMS SHALL BE TAKEN AS A WARRANTY. YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT ONLY, THE WEBSITE OR SERVICE AVAILABLE ON A THIRD-PARTY PLATFORM, IS SOLELY AT YOUR OWN RISK.
Liability of Liability
NEITHER PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO), NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, SUPPLIERS, ADVERTISERS, LICENSORS OR SPONSORS, NOR OUR OFFICERS, CONSULTANTS, EMPLOYEES, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, DAMAGES INCLUDING LOSS OF DATA, LOSS OF PROFITS OR PUNITIVE, LOSS OF BUSINESS, UNDER CONTRACT, STRICT, NEGLIGENCE LIABILITY OR ANOTHER SITUATION ARISING OR ASSOCIATED IN ANY WAY TO THE ACCESS OR USE OF THE WEBSITE AND/OR CONTENT, INCLUDING ANY MATERIAL MADE AVAILABLE THROUGH A THIRD PARTY SERVICE OR PLATFORM, SUBMISSIONS, ANY LINKED SERVICE OR WEBSITE OR ANY SERVICE OR PRODUCT PURCHASED, CODE, ACCESSIBLE OR CAN BE USED THROUGH THE WEBSITE OR A THIRD-PARTY PLATFORM. YOUR ONLY SOLUTION FOR DISCONTENT WITH THE MATERIALS, WEBSITE, OR SERVICES OFFERED BY A THIRD-PARTY PLATFORM OR SERVICE, SUBMISSIONS OR RELATED WEBSITES IS TO STOP ACCESSING OR USING THE WEBSITE, SUBMISSIONS, PRODUCTS, MATERIALS, SERVICES OR LINKED WEBSITES, AS THE CASE MAY BE. NO COMMUNICATION OR NOTIFICATION OF ANY KIND BETWEEN YOU AND PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) OR A REPRESENTATIVE OF PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) INTERPRETS OR CONSTITUTE A WAIVER OF ANY LIABILITY LIMITATION HEREIN OR TO SERVE AS AN ADDITIONAL SECURITY NOT EXCLUSIVELY MENTIONED IN THESE TERMS. YOU CONSENT AND AGREE THAT DAMAGES EXCLUSIONS IN THESE TERMS AND CONDITIONS APPLY EVEN IF A SOLUTION FAILS ITS ESSENTIAL PURPOSE.
You consent and agree to defend, hold harmless and indemnify Phoenix Website Design Studio (PHXWeb.studio), including its officers, directors, subsidiaries, partners, agents, licensors, representatives, employees and third-party suppliers against any and all claims expenses, damages, losses and interest reasonably foreseeable claims as well as reasonable attorney fees and any other related expenses, due or as a result of your breach of any representations or warranties herein. This would include any and all claims, costs, and expenses, including reasonable attorney’s fees, due to materials included in the work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
Any cause of claim or action related to or arising from the use of the website, terms, or any information or service available through third-party service or platforms, shall be submitted within one year after such cause of action or claim arose irrespective of any law or statute to the contrary. In a situation where such cause of action or claim is not filed within twelve months, such cause of action or a claim is forever prohibited.
These Terms and conditions will be structured and governed according to the laws of California, regardless of any conflict of legislation, except otherwise specified in these terms above or in supplementary relevant user agreement concerning your location.
The Client and PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) acknowledge that PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) is an independent contractor and not employed by Client, and that PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) shall not have authority to bind the Client or otherwise incur any liability on behalf of the Client, except as specifically approved by Client. Client shall have no obligation whatsoever to provide any employee benefits or privileges of any kind or nature to PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO), including, without limitation, insurance benefits, and worker’s compensation or pension benefits.
Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. This Agreement may be executed (by original or telecopy signature) in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument.
Integrated Agreement, Modification & Waiver
The Agreement is to be interpreted as one integrated agreement, constitutes the entire agreement of the parties concerning the matters referenced in the Agreement, supersedes any prior oral or written understandings regarding said matters, and may only be amended in writing signed by both parties. Waiver of breach of this Agreement by either party shall not be considered a waiver of any other subsequent breach.
Insecurity & Adequate Assurances
If reasonable grounds for insecurity arise with respect to Client’s ability to pay for the Services in a timely fashion, PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) may demand in writing adequate assurances of Client’s ability to meet its payment obligations under this Agreement. Unless Client provides the assurances in a reasonable time and manner acceptable to PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO), in addition to any other rights and remedies available, PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) may partially or totally suspend its performance or terminate this Agreement, in each case without any liability.
Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining provisions, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated, and it is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions which may, for any reason, be hereafter declared invalid. Any provision shall nevertheless remain in full force and effect in all other circumstances.
PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) knows that much of the information Client may share with PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) is sensitive and confidential (“Confidential Information”) and agrees to maintain its confidentiality. Confidential Information includes but is not limited to sales data, future product information, marketing plans, financial statements and other information which is designated as confidential or would be reasonably deemed confidential. This confidentiality obligation will not apply to any Confidential Information (a) in the public domain or otherwise generally known, (b) known by PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) without obligation of confidentiality prior to Client disclosing such Confidential Information to PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO), or (c) received by PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) from a third party who is under no obligation of confidentiality with respect to such Confidential Information and who did not receive same from Client.
Ownership & Usage
Subject to Client’s compliance with all terms of the Agreement (including payment in full) and Client’s approval of the work product, PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) assigns to Client copyright to the final version of any work product delivered to Client arising from the Services (“Final Work Product”). PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) shall retain ownership of all ideas, modules, components, designs, utilities, templates, concepts, analysis, specialized code, methods, techniques, algorithms, formulas, technical information, know-how and specifications invented or developed by PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) (“Techniques and Component Elements”), and PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) shall retain all copyright, patent, and other intellectual property rights therein. Subject to Client’s compliance with all terms of this Agreement, PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) grants to Client a non-exclusive, worldwide, royalty-free license to use the Techniques and Component Elements solely as part of the Final Work Product. Without limiting the rights it has retained, PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) shall have the right to create or develop derivative works of or other works which may be similar to the Final Work Product that PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) has developed or created through the use of the Techniques and Component Elements. However, both parties agree that materials, websites, and other information delivered by PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) shall remain the exclusive property of Client. Nothing in this Agreement is intended to convey any rights of ownership in such Client information to PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO).
Client agrees to allow PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) to place a backlink in any and all versions of web products.
The term of this Agreement shall commence on the Effective Date and shall continue until all obligations under this Agreement have been fulfilled by both parties unless earlier terminated. Either party may terminate this Agreement at any time on fifteen (15) days prior written notice, in which case the Client will remain obligated for all services rendered up until the termination is effective. Additionally, with respect to Services for which PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) invoices Client on a monthly retainer basis, Client may terminate this Agreement with respect to such Services upon fifteen (15) days prior written notice, and in the event of such notice PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) will be entitled to payment in full for all such Services provided up until the conclusion of said fifteen (15) day period.
Scope of Service, Additional Scope & Change Requests
The scope outlined in this agreement constitutes the entirety of the items to be delivered by Phoenix Website Design Studio (PHXWeb.Studio). No additional features, specifications, etc. have been agreed upon outside of what is itemized within this document. Please bring additional scope items to Phoenix Website Design Studio (PHXWeb.Studio)’s attention for inclusion in this agreement prior to initiating your project. PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) understands that your needs may evolve throughout the course of your project. Any changes to requirements outside the scope outlined in this contract are considered “change requests”. Your Project Manager will help you identify such requests and provide you with information regarding cost and time line implications. You may then elect to accept, defer, or decline the additional scope based on your needs.
Schedule & Cost Estimates
Schedule and cost estimates provided by PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) are based on information provided by Client and on certain assumptions made by Phoenix Website Design Studio (PHXWeb.Studio). Aspects of the cost contained in the Proposal may change as a result of modification of scope or clarifications that may be provided by Client at some later date. Any such modifications may, in the sole discretion of Phoenix Website Design Studio (PHXWeb.Studio), result in changes to the costs and timeline schedule estimates set forth herein. Additional time spent on the Project beyond the scope of the Proposal contained herein will be billed at the hourly rate of $65.00 per hour.
In the event of reasonable delays, PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) will make every effort to resume your project as quickly as possible given current resources. We reserve the right to adjust your time line at our discretion should the project be delayed by your team. Your project manager will work with you to outline time lines and deliverables at the beginning of your project in order to help you understand the project milestones. Project resources will only be made available for up to 4 weeks from the projected Project Go Live date. Should your project extend beyond this time frame, due to any of the reasons above, your project will be made inactive and you will be subject to project re-engagement fees (outlined below).
It is important to note that we cannot make our resources available to a project indefinitely. If a project is dormant (no milestones are completed) for more than 4 weeks, the project will become “inactive”. We will require at least 2 weeks of notice to “reactivate” a project.
Projects Placed on Hold
In the event that a Project is put on hold at the request of Client for longer than 3 weeks, PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) Interactive LLC will bill Client for all outstanding deliverables completed up to the date that the Project was placed on hold. Client will be deemed to have put a Project on hold in the event that Client is non-responsive to inquiries or fails to provide required material information, as determined by PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) Interactive LLC.
Client may, with the approval of PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO), issue written directions for changes within the general scope of any Services to be ordered. Such changes may require a “Change Order” for additional work and PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) and Client must agree in writing to such changes.
If requested review, content or access and/or materials are not provided from CLIENT for any period of 6 months or longer from the date of project kickoff, the original Agreement will be forfeited. In such situations, any initial deposits and/or payments made will be nonrefundable and a new proposal and terms will be required to proceed.
Client represents and warrants to PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) that: (1) it owns, or has acquired the express written authority to use all of the content Client gives to Phoenix Website Design Studio (PHXWeb.Studio), (“Client Content”); (2) Client Content does not contain any obscene, threatening, harassing, vulgar, defamatory, libelous, infringing or unlawful content; (3) Client Content does not infringe upon nor violate the rights of any third party, including copyrights and trademarks; (4) there are no claims against Client regarding Client Content; and (5) Client will at all times ensure that it is in compliance with the terms and conditions of any licensing contracts between Client and a third party.
Should Client cancel a Project while in progress, either by written or oral notice of such cancellation, or by failure to provide requested information to PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) within a reasonable period of time, PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) reserves the right to invoice Client for all fees and expenses incurred up to the date of cancellation.
Out-of-pocket expenses such as telephone, postage, shipping, travel, lodging, and food related to specific projects for Client will be agreed upon in advance and evidenced by an exchange of letters or email verifying Client’s approval of said expenses. Client will be charged the actual costs for these expenses.
PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) provides support for our clients at our hourly rate of $65/ hour, billed in 15-minute increments. All support (including, but not limited site troubleshooting, updates, and error fixing) is considered billable unless otherwise noted.
Additional WordPress Design, Development Hosting, Maintenance & Support Terms
- Please be aware that you cannot accumulate (or rollover) either WordPress hosting, maintenance and/or support time.
- PHXWeb cannot guarantee that your website will/will not get hacked or gain a virus
- Additional WordPress Website Support and Maintenance time will be billed out at $60 an hour.
- Any WordPress Website Support and Maintenance time or additional projects that take more than the alotted time (30 minutes for Enhance Service and 60 Minutes for the Premium service are not included.
- If you cancel either or both of your WordPress Hosting and/or Website Support and Maintenance Plan. You'll be responsible for transferring your existing website, domain name, etc. and incure the fees with do so. Plus, if your leave in the beginning, middle, etc. time of the month's billing cycle there are no refunds for the time remaining in the current months
- There are no guarantees on the WordPress Hosting and/or Website Support and Maintenance Plans. The WordPress Hosting and/or Website Support and Maintenance Plan services listed on this page are all performed to the best of our efforts and although we perform all these tasks with great care, we make no guarantees related to, continuance, security, data retention, integrity or availability. Your data may become unavailable, or be destroyed by any number of events, not limited to weather storms, fire, floods or any other man made or natural disasters.
- WordPress Hosting and/or Website Support and Maintenance Plans: By signing up for any of the maintenance plans, you agree to provide a credit card in which you will be automatically charged once per month for the total monthly for for the service you selected above. All credit card / debit card transactions are processed through our secured Wave or Freshbooks account. We will not and do not store any credit card / debit information on our systems.
The Client’s right to use the work is conditioned upon receipt of payments as outlined below, and upon Client’s compliance with the terms of this agreement. Final files will only be released upon receipt of final payment. All payments are due within 10 days of invoice delivery. Late payments will be assessed a late payment penalty of 2%.
- A 50% retainer of accepted items is due at or before kickoff meeting or before work is initiated.
- PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) may request progress payments as work has been approved and completed.
- The remaining 50% is due upon project completion. (required prior to go-live for website projects)
- Payment for monthly services are required at the beginning of each month/billing cycle.
- Monthly services are on a month-to month basis, and require a credit or debit card for recurring billing.
- Monthly fees are charged when services are initiated, and are non-refundable once processed.
- Monthly promotion and advertising fees are paid directly to advertiser (Google, Facebook, etc), not PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO)
- A 5% discount will be provided for items paid in full at or before kickoff meeting or before work is initiated. - A late fee of 2% per month will be charged on past due accounts
PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) is entitled to suspend services if any client account is past due. Deposit due upon signing of this proposal Additional payments due as specified in the “Investment” section of this proposal. If PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) must take legal action to collect any amount due hereunder, Customer shall pay all court costs plus attorney's fees incurred by PHOENIX WEBSITE DESIGN STUDIO (PHXWEB.STUDIO) in bringing such legal action.
If you have any questions about these Terms, please contact us.