These Terms of Service set forth the principles, guidelines and requirements of the Terms of Service of New Earth Online governing the use by the customer of our services and products. New Earth Online retains the right to modify these Terms of Service at any time and such modifications shall be automatically effective to all customers when published at NEOhMy.com
I. Acceptance With payment of any deposit, down payment, or advance fee for any service to New Earth Online, you as the client are agreeing to and accepting the following terms and conditions:
II. Payments Any payment or deposit due shall be accorded between the client and New Earth Online and should be paid prior to the start of the project. This payment assures your position in the New Earth Online design queue. New Earth Online will bill you and no work will begin until your payment has cleared. All amounts must be in Canadian Dollars (CAD$) and made through Paypal, or emoney transfer. Final payment of any monies due must be made prior to final installation, delivery and launch of the eStore Setup. All payments are non-refundable and no exceptions will be made to this rule.
III. Communication Once the service has commenced and initial payment has been sent, the client should must be fully available to reply to all emails daily, answer any questions or complete tasks via email and as soon as possible. All communication is required through email and not by phone, fax, postal mail, or in person. Technical assistance within reason is included through email throughout the design process and after eStore delivery. New Earth Online reserves the right to bill the client per hour for continuous assistance or cancel technical assistance if deemed excessive by New Earth Online. Technical assistance, walkthroughs or support tutorials will be scheduled and billed per hour if phone assistance is preferred.
If at anytime New Earth Online is unable to contact the client for a period of more than 14 business days, the project will be canceled and all monies paid will be forfeited to New Earth Online. Ownership of all created or installed artwork, layouts, coding and development will remain the absolute property of New Earth Online and will NOT be transferred to the client. Furthermore, New Earth Online remains the right to resell the design to recover services rendered.
As the client, it is the client’s full responsibility to familiarize themselves with the operation of the catalog’s admin panel, merchant accounts, payment modules and shipping modules. The client is also responsible for opening an account with compatible payment or shipping services. If any specific questions should arise regarding any 3rd party modules, the client should contact the 3rd party service provider directly. New Earth Online is not responsible for the configuration or successful installation of non-compatible modules, payment or shipping services, or any type of module that is not specifically included in the service purchased. Any extra coding, programming, module installing, or debugging will be billed separately.
Technical assistance is not an included feature in any package price. It is offered free of charge on a case-per-case basis. Technical assistance is not obligatory through New Earth Online and may be cancelled by New Earth Online at any time. New Earth Online is not responsible if the client cannot manage the admin, finds the learning process difficult, and/or if the client cannot upload products or categories despite repeated attempts and support requests. Furthermore, New Earth Online reserves the right to charge for technical support through email and/or to cancel technical assistance completely and cease communications entirely, if emails or phone calls are deemed excessive, repetitive or time consuming.
The staff of New Earth Online is polite, respectful and helpful. In return, the client must be polite and respectful. We request respect for our policies, terms, and work hours. If New Earth Online feels that the client is demeaning, impolite, demanding, threatening, or rude, the client’s account will be suspended, the client will be blacklisted and all communications from New Earth Online will cease. The client is free to find a 3rd party designer, host and programmer for assistance in this case and New Earth Online claims no responsibility for any expenses that the client incurs if blacklisted.
New Earth Online offers paid training, phone assistance, and owner or employee training at $50 per hour, if phone assistance is preferred over email assistance. All free technical support request are required through email and not by phone, fax, postal mail, or in person.
IV. Authorization As the client, you authorize New Earth Online to install any scripts, software or programs relevant to the web design project and to access your website account through your hosting service panel and FTP. You will provide New Earth Online with the log in information and passwords necessary to access your website.
V. Completion of Design Project As the client, you and New Earth Online must work together to complete all services in a timely manner, agreeing to work expeditiously to complete the project no later than 60 days after you have submitted all necessary materials. This 60 day limit may be extended by New Earth Online if the project requires more time for completion. All revision requests must be submitted by the client within 5 days of receiving the initial site preview or subsequent revised previews. The scheduled start date, revision process or delivery date of the project may not be rescheduled unilaterally by the client. In the event of lack of communication by the client for a period of 14 days ore more, ownership of all graphics, artwork, layouts, coding and development by New Earth Online will remain the absolute property of New Earth Online and will NOT be transferred to the client. Furthermore, New Earth Online remains the right to resell the graphics, coding and artwork to recover services rendered.
VI. Copyrights and Trademarks
You unconditionally guarantee that any and all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to New Earth Online for inclusion in a project are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend New Earth Online from any claim or lawsuit arising from the use of such elements.
You agree not to resell, modify, copy or make a derivative template, website or graphic based on this web design or any one of its elements. The copyright of all software, coding, web and print graphics & art is owned by New Earth Online and under the law all copyrights are reserved. Your logo is copyrighted to you and can be used as deemed necessary.
All services, design elements, art and coding may not be used by anyone else but you and the domain it was originally designed for. New Earth Online retains the right to display communications, artwork and/or any services provided to the client in the New Earth Online portfolio, testimonials, promotional materials, and advertising materials on the web or in publications. A text link crediting New Earth Online must continuously remain at the footer of each website page of the e-commerce site. The New Earth Online link must remain intact and cannot be removed for the life of the site and use of graphics unless a a copyright license from New Earth Online has been purchased. Any violation of our copyright will be considered a federal offense according to Canadian Copyright Laws and would make you legally liable in federal court. New Earth Online will also seek financial remuneration and legal fees at any cost.
VII. Limitation of Liability and Liability Disclaimer
Any service purchased from New Earth Online is provided ‘as is’ without any kind of warranty that the service will be uninterrupted, bug free or error free. New Earth Online does not provide any guarantees for web hosting, 3rd party services or shopping cart functions. In no event will New Earth Online be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any New Earth Online service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages. New Earth Online will make no warranty to cover text-based or old browsers or requested special effects that have been advised to be against your interests.
IN NO EVENT SHALL New Earth Online BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, LACK OF SERVICES, USE OF THE New Earth Online SITE, OR USE OF ANY New Earth Online PRODUCTS, PACKAGES OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL New Earth Online CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 CAD DOLLARS).
VIII. Additional Prohibitions The use of graphics and code from any New Earth Online service or web design project may not be used to display information or sell content that is religiously offensive, racially insensitive, or pornographic.
IX. Security The administration panel of the website e-commerce system is not guaranteed secure unless the website is uploaded to a server which fulfills all web security standards and has a corresponding SSL certificate and dedicated IP. New Earth Online claims no responsibility for an insecure server or the use of an insecure password protected panel. All updated backups, database backups and secure customer information backup must be made by you.
X. Design Process, Installation, Revisions and Delivery New Earth Online requires all pertinent information necessary to complete the service and/or install the design (i.e. CMS log in information, ftp and Cpanel username and password, etc.) to your admin panel, compatible web hosting provider, or hosting server. You are responsible for not changing the username and password supplied to New Earth Online without notice. You are responsible for using a web hosting provider compatible with the e-commerce script and any modules associated with the web design project. If you are using a non-compatible web host, New Earth Online will not take any responsibility for incompatibility issues, errors or bugs that may occur on your site. As per terms already specified above, no refunds will be issued. If you choose not to switch to a compatible host, you will be forfeiting any payments made if our software cannot be installed.
New Earth Online will work with you, using the answers from the service questionnaire or package questionnaire to complete an initial preview of your web design service or a preliminary report of the service. Any revisions must be sent in within 3 days of receiving your preview. The site design includes up to 3 major revisions and unlimited minor revisions during the design process. Revisions do not include the addition of extra elements not included in the initial quote, including but not limited to extra graphics, DHTML menus, flash banners, flash forms, category graphics, custom navigation, configuration of your payment or shipping modules, mailing lists, and other additional elements that require custom coding or attention.
Once you have approved the service, web design and layout of the preview, New Earth Online bill you through email for the remaining balance and any other fees related to your web design project that may have incurred during the revision process or the purchase of additional services. Payment is requires within 3 business days and cannot be delayed or rescheduled. Once payment had been confirmed, the delivery process will be scheduled and New Earth Online will proceed to create any matching website elements to prepare for launch.
The final version of the eStore Setup will be published to our hosting service upon receipt of full payment. Once the web design project is installed on your domain, you assume all responsibility of your site. Technical support is given at the discretion of New Earth Online after the site has been transferred to your domain. If after completion any major revisions or additions to your project are requested, you will be put on schedule as a new work order, and will have to pay any additional fees related to the redesign. Minor revisions may be made to your site at any time during the process and after delivery of the website at the sole discretion of New Earth Online at no extra charge.
XI. Payment Merchant Account & Shipping Services As the client, it is your responsibility to familiarize yourself with the operation of your catalog’s admin panel, merchant accounts, payment modules and shipping modules. You are also responsible for opening an account with a compatible payment or shipping services. If any specific questions should arise regarding your 3rd party modules, you will contact your web host or 3rd party service provider directly. New Earth Online is not responsible for the configuration or successful installation of non-compatible payment or shipping services or any type of module that is not specifically included in the service purchased.
XII. Database Content Unless another arrangement has been made, you are responsible for the addition of products to your shopping cart pages, including the description of the products, item photographs, options, drop-down boxes, product attributes and photo editing, optimization and resizing of all product images. You are also responsible for adding all the literary and/or informational content and photos for all website pages including the home page and for the entry of any, meta descriptions, meta tags, keywords or meta-titles into your products or website content.
XIII. Electronic Commerce Laws & Taxation You as the client are solely responsible for complying with any laws and taxes applicable in any way to the web design project and will hold harmless, protect, and defend New Earth Online and its subcontractors from any claim, lawsuit, penalty, tax or fine arising from the client’s exercise of Internet electronic commerce.
XIV. Refunds New Earth Online does not provide refunds for any monies paid, deposits, waiting list deposits, web design fees or service fees of any kind.
XV. Cancellation New Earth Online does not provide refunds for web or graphic design services. This includes any initial deposits or deposits paid for a waiting list. The client must submit termination of services to us in writing. In the event of a cancellation of contract, any payments already received by New Earth Online are forfeited by the client and will not be refunded; any future payments scheduled will not be charged to the client; ownership of all software, artwork, layouts and development remain the property of New Earth Online and will not be transferred to the client. Money already paid is not refunded in any case whether or not any work has been completed by New Earth Online. It is the client’s responsibility to make sure they want a service before entering into this contract. New Earth Online reserves the right to resell the graphics to recover any losses a cancellation may have caused. Cancellation of the project in writing will not merit a refund.
XVI. Chargebacks New Earth Online will not negotiate nor accept chargebacks with any person or company. A chargeback is not an acceptable means of attaining a refund and is considered a threat. To request a chargeback on your credit card for a valid transaction is considered fraud. Fraudulent credit card chargebacks will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Additionally, opening a PayPal dispute for a refund will be handled in exactly the same way as a credit card chargeback. Furthermore, New Earth Online will report the account to all credit reporting bureaus and will proceed with legal action and collection services against the client, business, and individual person to recover funds. We will also delete any/all files, graphics or materials that we have in relation to the client’s website. A chargeback fee of $250 per week will be applied to the project if a chargeback or a temporary hold on the funds has been placed for any reason, as well as additional per hour fee of $40 for any work that was preformed for the client that is being disputed.
All private information involved in any eStore Setup or service provided by New Earth Online will remain private and will never be used, redistributed or sold to third parties. The client’s private information, name, address, phone number, and email address will not be given as references to potential clients nor will be published in any way or form on the web, in email communications, or in print.
XVIII. General These Terms and Conditions supersede all previous representations, understandings or agreements. New Earth Online reserves the right to refuse service or support for any reason, including but not limited to excessive communications, revisions, or exhaustion of services. The payment of any monies or deposit by the client to New Earth Online constitutes agreement to and acceptance of these Terms and Conditions.