Terms of Service

Website Design and Technical Service Consultations

GINATECH, LLC will set up a 30-60-minute phone consultation, (free of charge) to discuss designs and services that are right for your business and budget. You might be given a questionnaire to review before the consultation which will help us determine your needs for your online presence and/or technical needs.

Website Design and Technical Service Specifications and Requirements

Websites designed and/or updated, or any technical service provided by GINATECH, LLC are completed according to requirements and specifications provided by you, the client from our phone consultation at the beginning of a project. During this time, it is important that we work together to be as specific as possible so GINATECH, LLC can produce the most accurate proposal suited to your web design and/or technical needs. We are here to make your website and project what you want it to be! 

*Any new requests/or enhancements added during our project review time(s) by the client can result in additional charges, and extend the amount of time needed to complete the project. An updated Statement of Work will be required and issued to the responsible party on behalf of the client requiring a signature and possible additional deposit based on the amount of new work requested.

*More complex projects will require scheduled meetings to discuss updates, progress, and any changes or project timeframe changes.

Completion Times for Websites

Completion times for a website project are only estimates. GINATECH, LLC will strive to complete your website as quickly as possible, but completion times can be affected by many unforeseen factors that can cause a project to be delayed.

Generally, most projects will take around 30 days or less to complete depending on other workloads.

You will be given a date of completion as part of the contract for your project. 

GINATECH, LLC will schedule a review with you after the completion of each part and/or phase. 

GINATECH, LLC will do rush orders, but these can incur a significant additional fee in order to pay for overtime needed. Typically, we work on each project in the order they come so everyone is treated fairly.

Website Design/Updating and Build Fees

Building/Updating a website consists of a two-part fee schedule. 50% down before we start work and 50% due at launch of site.

Site Compatibility

Your site will be tested for compatibility in the following browsers:

• Microsoft EDGE

• Mozilla Firefox

• Chrome

• Safari

Site designs are tested on a Windows PC. Unless specifically requested it can be tested on a MAC.

Images on Your Site

Most of the images used in site designs are obtained from free stock photo/imagery websites that allow a royalty-free license; or from stock photography/illustration sites where the original image is purchased with a limited license. The cost of which is included in the quote we’ve provided to you, up to $20 per project (if applicable to your project). Any imagery fees beyond that will be billed to the client at the start of the project.

Use of any non-licensed imagery is the sole responsibility of the client. Clients who provide images to us for use in their project assume the risk of liability for use of those images. When in doubt, contact the original artist of the image for permission before providing it for us to use in your design project.

The client understands that images and other media put on their website can and most likely will be taken and duplicated by search engines such as Google to display search results. GINATECH, LLC cannot be held liable, if a third party takes those images and tries to reproduce them for profit.

Custom Images

The rights for all works, templates, photographs, graphics, and images that are created for your project by GINATECH, LLC remain the intellectual property of GINATECH, LLC. *With the exception of already created websites that only require updating to an original design created by someone else and/or another company.

You may use those images and renderings on your personal website, blog or home computer as long as proper copyright is noted. You may not alter, transform, or build upon those images in any way. These items are not licensed for commercial use, profit or redistribution. Please contact us for information in regard to commercial licensing (ie: use for print advertising, t-shirts, merchandise, etc).

Written Copy and Text

The client assumes all liability for all text and copy created for their website. It is the client’s responsibility to make sure the text is accurate and clear of any copyright restrictions. One example might be the use of an article or review from a magazine, internet, or related material to the subject of the website.

Search Engine Placement

GINATECH, LLC makes no claim that it can give the client any specific ranking on any web search engines such as Google. GINATECH, LLC will work with the client to help optimize their website for search engines, but we make no claim at how high we can get your website ranked.

Software, Plugin, and Theme Support

It is the sole responsibility of the client to obtain support from the software company for the software programs or plugins you are using to power your site and/or blog.

After the 3 (three) day time period from the final review of your website and training (if training is a part of the contract) has passed, GINATECH, LLC does not provide ongoing technical support which includes any added software programs, plugins or themes. 

We will provide you with useful links to the software, plugin or theme knowledge base, support forums or other online documentation that may be helpful in getting you started using the software, plugins or themes you have chosen.

*GINATECH, LLC can update or resolve issues with your website, software programs, plugins and themes through one of our service programs or by our hourly rate.

Software, Plugin, and Theme Licensing

It is the SOLE RESPONSIBILITY OF THE CLIENT TO OBTAIN PROPER LICENSING with use of any software program, plugin or theme. GINATECH, LLC installs the programs, plugins or themes that best fits the need of your site according to your specifications. For your site to function as desired there may be additional and/or recurring licensing fees that are YOUR RESPONSIBILITY to keep up to date and pay for.

WordPress Hosting Platform Requirements

When clients contact GINATECH, LLC for site installation and set-up, we assume that the client has already researched the requirements for running a WordPress site on their server. Please check the minimum requirements needed to run your site on your server. If necessary, contact your host to make sure that they can support the requirements stated in the documentation.

GINATECH, LLC will not be responsible if your hosting plan does not support WordPress. Refunds will not be made in the event that GINATECH, LLC finds that we cannot install the program on your server account. The client is responsible for researching the requirements for WordPress up front. 

*If you have questions regarding your hosting environment, please be sure to ask us during our initial consultation. We can assist with making an evaluation on whether or not your hosting environment meets the minimum requirements to run WordPress.

Site Integrity

The Client assumes all responsibility for their files and templates. GINATECH, LLC does keep a backup copy of your files during the design/update and development of your site. After the project is moved to your domain and server, and/or published, it is your responsibility to keep backup copies of your site in case of emergency. GINATECH, LLC will provide you with a zip file of the final project files, including plugins and themes at the time of your project completion. The zipped file will allow you to restore your site design to its original state, should you ever need it. GINATECH, LLC will keep a copy of the backup files for 30 days, and then will be deleted unless a maintenance plan is purchased before the 30 days.

*GINATECH, LLC can arrange for a regular maintenance plan as an additional service.

Redistribution or Resale Prohibited

When you purchase a site design from GINATECH, LLC, it is licensed for use on one domain only. The licensing of your template does not cover use on other domains and it is not available for redistribution or resale in any way, shape or form. If you decide you would like to use the theme on another or several other domains, please let us know and we will provide a quote on the additional licensing.

Limitation of Liability

Client agrees that it shall not hold the designer/developer or his/her agents, contractors, or employees of GINATECH, LLC liable for any incidental or consequential damages that arise from the designer’s failure to perform any aspect of the project in a timely manner.

GINATECH, LLC can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract we sign with you shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

At the beginning of the signed contract, GINATECH, LLC will make efforts to confirm and convey to the Client the current security status and security options available to the Client’s website through the hosting environment against hijacking, virus, and denial of service attacks, but will not be liable for any losses sustained by the Client due to malicious or illegal activity. 

Any opinions or information given to the client by GINATECH, LLC or any party working with GINATECH, LLC such as privacy policy regulations or GDPR requirements are not legal advice and should not be taken as such. WE ARE NOT LAWYERS OR CLAIM TO KNOW THE INS AND OUTS OF THE LAW, thus we cannot be held liable for any advice or recommendations we may give. Please check with your lawyer on any legality that might have to do with publishing your website and/or privacy policies and encryption of data.

Website Encryption

Unless specifically stated in the contract with the client, websites created by GINATECH, LLC are not encrypted and do not have SSL (Secure Socket Layer) encryption built in as part of the website. Thus, GINATECH, LLC makes no claims to the privacy of the data while being transmitted to and from the website as well as any data stored on the website created by GINATECH, LLC.

GINATECH, LLC will install SSL (Secure Socket Layer) certificates into the website if requested. GINATECH, LLC will not be liable for breach in a third party SSL certificate and losses or costs in lawsuits because of the breach. The responsibility lies between the client and the original vendor of the SSL certificate.

As stated above, GINATECH, LLC will not be liable for a breach in an SSL certificate and losses or costs in lawsuits because of that breach. You may purchase a third party SSL certificate that offers certain levels of financial protection.

Promotional

GINATECH, LLC reserves the right to use project details for promotional material, our portfolio and client testimonial, project case studies for education, training and promotional reasons.

Outside Venders

Clients are responsible for paying all of the web hosting, domain name registration, SSL license and merchant account fees.

Termination of Contract

The client or GINATECH, LLC may cancel an existing (open) contract between the parties. If warranted, a refund will be given to the client per GINATECH, LLC’s refund policy.

Maintenance Plans and Website Modifications

If you sign up for a GINATECH, LLC maintenance plan or hire GINATECH, LLC to perform modifications on your website, you are giving permission to GINATECH, LLC to access your website and perform the tasks hired for. 

GINATECH, LLC does not perform automatic backups for your website, please be aware that it is still advisable to have a backup solution in place. This is usually performed by the hosting service of the website itself. On rare occasions, backups like any computer file can get corrupted and unusable. This is why it is recommended to have at least two backup solutions. GINATECH, LLC can assist in verifying and/or assist the Client in purchasing a backup solution for your website.

Verification of any backup service solution that may be in place already with the website host will be provided to the Client at the beginning of a project after the signed contract. 

If a backup service solution is needed and requested to be put into place, there could  be an additional fee for the setup that is not included as part of the website update unless previously discussed and cost included in the original Statement of Work, and will depend on complexity of backup service and setup required.

GINATECH, LLC will not be held liable financially or otherwise for any loss due to a corrupt file or the inability to restore your website.

The cost of restoring a website is not part of a backup service. This is considered an emergency service and can incur a premium fee of $150 per hour. (Minimum 1 hour).

Surcharge for Certain Web Hosts

Additional fees might be incurred for certain web hosts because of possible difficulties in their hosting configuration and/or a rehosting move which can lead to additional time needed to launch and configure your new website.

Hosts that will incur this fee are as follows:

GoDaddy: $200

Hostgator: $200

One on One Hosting $250

Limitation of Liability-Hosting

Client agrees to hold GINATECH, LLC harmless from any claims or causes of action, incidental damages, actual damages, or consequential damages, whatsoever, as a result of the third party hosting services provided by any web hosts, including any loss of revenue that might have or allegedly have occurred.

This includes but is not limited to, the intentional, unintentional, or negligent acts in the performance of a hosting service, and/or any third party. 

Outages

Website hacking from outside sources is a common challenge with any hosting service. GINATECH, LLC cannot be held liable if your website is hacked. It is the client’s responsibility to make sure their website code is kept up to date and to have a backup of their site in case their site is corrupted by a hacker, user, or themselves. GINATECH, LLC will fix to the best of their ability any broken site and the client will be charged an hourly rate to do so. Keeping plugins and website core files updated is no guarantee that your website cannot be hacked and we make no claim of this. This also includes any hosting downtime that could occur.

Recommendations and Referrals by GINATECH, LLC

From time to time GINATECH, LLC may make referrals of individuals to a client. Though we have faith in our recommendations, we do not warrant their work or accept any liability for mistakes that they might occur from their work.

Recommended businesses or individuals are not employees or contractors of GINATECH, LLC and we receive no direct financial benefit from these recommendations. GINATECH, LLC clients are free to use whomever they wish for content, hosting, graphics or anything other need for a website project.

Right of Refusal

GINATECH, LLC reserves the right to refuse to construct a website we deem to be unfit due to its content or otherwise. This includes, but is not limited to, sites containing adult material such as pornography, sites which promote or encourage hatred towards persons belonging to any ethnic group, religion, or sexual orientation, or which promote suicide or self-harm, and sites which infringe copyright or are contrary to United States laws.

Cancelation of Service

The client or GINATECH, LLC can cancel their maintenance service agreement at any time and for any reason. 

GINATECH, LLC can cancel any project work and/or maintenance agreement IMMEDIATELY if GINATECH, LLC determines there may be illegal activity occurring on the client website or are given a take-down order by a government authority.

Refund Policy

Once GINATECH, LLC begins work on your project; any refund will be pro-rated. Refunds will be considered on a case-by-case basis. GINATECH, LLC will retain fees to cover any work completed from time of scheduling work through the time of your termination request. GINATECH, LLC will make every effort to work with you to ensure that payment terms are handled fairly and in a timely manner. The client may receive a copy of the website in its present form at the time of the termination request.

Newsletters

From time to time GINATECH, LLC will send its clients newsletters with information we feel is important for the client to know about. We try to limit these emails to no more than once a month. As a client, you are automatically added to our newsletter system. A client can always opt-out of these emails by clicking on the unsubscribe link in the email or contacting GINATECH, LLC by email.

Arbitration

This Agreement, and any related Statements of Work, shall be construed in accordance with, and governed by, the laws of the State of Ohio without regards to Conflict of Law principles. In the event of any dispute or disagreement with respect to the meaning, effect or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules.

The arbitration shall be conducted in Greene County, Ohio unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Terms of Service Changes

GINATECH, LLC terms of service are subject to change without notice if we decide to change our terms of service agreement, we will post those changes to our website and any other places we deem appropriate. You can find the latest version of our terms of service always at this URL https://www.ginatechnology.com.