Amplify Your business with an
amazing new website byBest Choice Web Design Windsor
Get your new website up and running in 2 easy steps for as little as $249. Including 1-year FREE website hosting.
Step 1 Choose your plan
Step 2 Tell us what you want and we will design your website
Terms And Conditions
Terms and Conditions
By retaining services provided by Best Choice Web Design the client will agree to the terms and conditions published below in the Best Choice Web Design terms and conditions page.
Please ensure that you read, understand and agree to the following.
After selecting a website design and hosting package and providing adequate written instruction as to the scope of the website the customer agrees to pay a deposit up front so that work can commence. The deposit will be fully refundable if for any reason Best Choice Web Design is unable to complete the work. If the customer decides not to continue with the website the deposit will not be refundable and will cover the work completed on behalf of the customer. Upon receipt of deposit Best Choice Web Design will then prepare a first draft of the website and will show it to the customer for approval. The website may be revised and reconfigured to suit customer needs.
Once approval for the final website design is given by the customer the remaining fees will be paid to enable Best Choice Web Design to set up the first year annual hosting in the selected plan, upon receipt of the remainder of the fees the website will be published. The website will not be published until all fees are paid in full.
Best Choice Web Design will provide additional moderate website revisions to an extent deemed reasonable by Best Choice Web Design to a newly published website for up to 14 days after the date of publishing. If large revisions or redesigns are requested those revisions will incur a fee of $60 hourly to complete. After a 14 day period from the date of publishing, additional website revisions will incur a revision fee of $60 hourly with a minimum charge of 1 hour. Website revision requests should be submitted in writing and revision costs are to be paid prior to any revisions being made.
Subsequent years annual hosting will be charged at the rate published at the time of 28 days prior to renewal date. Website hosting and domain renewal fees must be received prior to website hosting renewal.
The website will be produced using a proprietary content management system licensed for use by Best Choice Web Design and will remain live and operational for the duration of the hosting agreement as long as the fees are paid and are up to date. If the service is canceled by the customer or fees are not paid, the website can no longer be hosted on a paid server and all of the website content may be deleted by Best Choice Web Design and the contract will be canceled. It is the customer's responsibility to ensure that any data including, but not limited to information, images, files, video, audio or text are backed up prior to the end of the agreement and deletion of the website. Best Choice Web Design is not responsible for lost data. Websites produced will only be hosted through servers stipulated by Best Choice Web Design. WEBSITES PRODUCED AS PART OF OUR DESIGN AND HOSTING PACKAGES CANNOT BE TRANSFERRED TO OTHER SERVERS.
Other services, such as but not limited to domain name purchase, domain name registration, domain name renewal, domain name transfer advanced SEO optimization and logo design will be paid in advance by the customer so that Best Choice Web Design can complete the work as agreed.
As part of search engine optimization, a reciprocal link will be placed on both, the client website and at www.bestchoicewebdesign.com Additionally, Best Choice Web Design may elect to show the client website in an online web design portfolio and marketing material.
This Terms of Service (this “Agreement”) is Best Choice Web Design (“we”, “us”, “System” or “Best Choice”) and the person using our services (“you”, “User”, "Client" or “Customer”). Listed below are the terms and conditions of using our System. They are necessary in order to maintain a good practice and protect us and yourselves.
You are responsible for any content that is on your websites such as images, videos, audio files, design elements, logos, fonts, texts and more. We are not responsible for any of your content. We are also not responsible for any content that has been lost because of the use of Best Choice Web Design, it is your obligation to keep safe and backup regularly your content. We do not monitor what content which one of your users may have uploaded to your website or has been used in a website and we are not to be held responsible for anyone breaking the terms and conditions but we have the right to delete such harmful content or even terminate accounts if so.
You guarantee that you own all intellectual property associated with your accounts such as images, videos, audio files, design elements, logos, fonts, texts and any other materials and files provided by you and existing on your website. You hereby grant Best Choice Web Design the non-exclusive, royalty-free, unalterable, interchangeable rights to your website content in order for Us to provide you with Best Choice Web Design s Services.
To keep your account login information safe.
To provide us with up to date, accurate and valid personal information at all times.
You own the rights to any content uploaded by you on your website, including images, videos, audio files, design elements, logos, fonts, texts and anything that you do have the rights to use.
The content materials cannot be used in an unlawful or harmful way.
You must notify us immediately if you become aware of any unauthorized use of your account.
Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar or obscene in any way, must not infringe any person's legal rights.
You may not send unsolicited messages (SPAM) or any unethical advertising of such sort that is considered as “spam” or harmful in any way.
You should not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of Best Choice Web Design.
You may not upload content that constitutes a scam or deception.
You may not try to hack, break or override the functions and stability of Best Choice Web Design or try to exploit the software System in any way.
You may not use the System to create any scam websites and promotions with misleading content that can harm or scam visitors.
You may not use Best Choice Web Design for distributing, storing or, in any way, using the System for pornographic or adult content and services.
You acknowledge and agree that If you are reasonably found guilty of violating of any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that have already been paid for. You may also be forbidden from having an account in the System.
Service fees are applicable upon signing for the paid services of Best Choice Web Design annually.
All Fees are in CAD and are exclusive of all taxes and you are responsible for payment thereof. Best Choice Web Design is not liable for any taxes or fees related to commercial products.
The payment for the design and hosting fee is in advance according to the Agreement.
You can upgrade. If upgrading, you will be charged the difference between the two subscription plans for the extra services. Downgrade refunds are applicable only for yearly subscriptions, up to 7 days after the agreement is made only if the third party hosting provider can make changes to the account at no cost to Best Choice Web Design. Downgrading may cause a loss of information and services due to the difference between the plans.
Refunds may be allowed only for yearly subscriptions and up to 7 days after the agreement is made only if the third party hosting provider can make changes to the account at no cost to Best Choice Web Design. If such refund is issued, the client will be refunded the amount paid for hosting only minus the cost of website design and the cost of one-month website hosting and any fees charged by the third-party hosting provider. The refund amount might be subject to transfer taxes that will be for the cost of the User and will be transferred to the card used for paying the initial subscription cost. Cash refunds are NOT available.
The purchase of a domain name is a separate transaction from website design and hosting. If a custom domain is purchased on behalf of the Customer by Best Choice Web Design and the Customer cancels their services Best Choice Web Design will not refund the cost of the domain name or the costs involved in the purchase of the domain. The domain name will continue to be owned by the customer.
At the end of a contract term, the services will be automatically renewed for the same period of time until EXPLICITLY cancelled by the User. Cancellation must be made in writing and at least 28 days prior to the end of the contract period.
If you purchase Best Choice Web Design subscription hosting services, you agree to Best Choice Web Design and third-party services to use and store your credit/debit card information. You authorize us to charge you for any additional Services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
You are responsible for the fair usage of your website and you can be charged for abnormal server or traffic usage on our unlimited subscription plans. You will be charged for the resources used by your website.
Failure to comply with any of Best Choice Web Design’s terms or pay due fees you entitle Best Choice Web Design to cancel, delete or suspend your account services and website.
Services can be terminated by us at any time without a cause.
You can terminate your services at any time without a cause according to the cancellation procedures encuring the charges previously outlined.
If the Agreement terms are violated it may result in penalties or immediate termination of services without payment refund in any way.
Upon termination, Best Choice Web Design has the right to delete all files, data or information associated with the terminated account.
All domains are brought to you by third-party companies partnering with us to provide such service. By claiming a domain you are agreeing to the domain registration company’s terms and conditions and fees and our participation in the purchasing of the domain.
Transferring domain might be subject to further fees from the third party domain provider.
You are the legal and rightful owner of the registered domain. Your domain registration will be only be renewed each year following payment by the customer of associated fees from third-party Domain registration providers with separate invoicing according to the provider's current price plan.
Once a register of a domain is made, it is final and there cannot be a refund or change of domains.
6.COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.
7.WARRANTY AND DISCLAIMER
Best Choice Web Design shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Best Choice Web Design or by third-party providers, or because of other causes beyond Best Choice Web Design reasonable control, but Best Choice Web Design shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, Best Choice Web Design DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND Best Choice Web Design DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Best Choice Web Design shall not be responsible for any infringement by the service of any patent or any copyright or misappropriation of any trade secret due to content provided by the Customer to Best Choice Web Design for inclusion in the website, or added or amended directly by the customer, Best Choice Web Design will not be responsible for any settlement for claims as a result of infringement by the Customer. The foregoing obligations apply with respect to portions or components of the Service (i) not supplied by Best Choice Web Design, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Best Choice Web Design , (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Best Choice Web Design to be infringing, Best Choice Web Design may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.
9.LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON,Best Choice Web Design AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND SIMVOLY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO SIMVOLY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SIMVOLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modifications of the Service. Best Choice Web Design may make modifications and changes to the existing services or components and will use reasonable efforts to notify all of its Customers about those changes. The changes are effective upon the date of the change. Best Choice Web Design shall not be liable for modifications and actions of or by third-party services.
Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Best Choice Web Design ’s prior written consent. Best Choice Web Design may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Best Choice Web Design in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by law without regard to its conflict of legal provisions.
The Agreement is governed by the laws of the Province of Ontario, exclusive of its choice of law principles, and the laws of Canada, as applicable. Exclusive venue for all disputes arising out of the Agreement shall be in the provincial or federal courts in Windsor, Ontario or closest venue to Windsor, Ontario. The customer waives all objections to this venue and agrees not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Best Choice Web Design or any of its employees or affiliates. Each of us agrees that we will not bring a claim
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To quickly process your transactions.
• To follow up with them after correspondence (live chat, email or phone inquiries)
Do we use 'cookies'?
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.It won't affect the user's experience that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
• By emailing us
How does our site handle Do Not Track signals?
We honour Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioural tracking?
It's also important to note that we allow third-party behavioural tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
We will design and build you a custom-made website here in the Windsor, Essex County area to suit your specific business or personal needs.
Our simple, secure. cost effective website hosting plans here in the Windsor, Essex County area will give you all you need to get your website online
Our websites are optimized for search engines such as Google and Yahoo so that your clients can find your Windsor, Essex County business online.