TERMS OF SERVICE

Terms and Conditions - Diavolari



(A) You are agreeing to our Terms & Conditions electronically (hereinafter referred to as "you," "Credit Card Holder," or "Client"). The "Terms & Conditions" refer to this agreement (including the service and price details contained on our website, also known as "Proposal A-Z" or "Annexure A-Z"), the SEO Agreement, notices of change in terms relating to this agreement, new account agreements, account notifications, and any disclosures required now or in the future by applicable regulation.


(B) Before signing up, you have the option of getting a written copy of these Terms & Conditions instead of this Electronic "Terms & Conditions." If you'd like an electronic copy, please send an email to info@diavolari.com and one will be delivered to you. You also have the right to request a previous version of these terms if they were changed after all parties had signed and agreed to them.

(C) You can decline this agreement and opt out of getting these documents electronically by declining this agreement. If you want to make that decision, don't click "I agree," "Process Order," or "Sign," and don't make any payments; instead, get in touch with a Sales representative as soon as possible. Please email us at info@diavolari.com if you have any questions. If you decline this agreement online, your order will not be processed until we have your signed agreement in electronic form.


(D) You confirm that you can access, read, and agree to all of this agreement, as well as consent to the use of this electronic method of contract acceptance under the Canada Electronic Signatures in Global and National Commerce Act, by sending an email stating "I agree," logging on and electronically signing "Proposal A-Z" or "Annexure A-Z," or making payments (E-SIGN).
(E) Using the "Contact Us" tool, you can update information needed to contact you electronically. This agreement should be printed and saved for future reference.

For your convenience, "Terms & Conditions" is separated into the following sections:

Client hires Diavolari as an independent contractor to design a World Wide Web site (hereinafter referred to as "Web Design Project") that will be published on the Client's account on an Internet Service Provider(ISP)/Web Presence Provider(WPP) computer or provided on diskette at the Client's request. Diavolari. and its personnel are granted "full access" to the Client's account, as well as any other programmes required for this Web Design Project that are included in the Client's service agreement/level, by the Hosting Service. Please keep in mind that if a site is built with their tools, some platforms require them to protect and manage the site's hosting.

Development. The most latest versions of custom PHP, Java Script, MySQL, MyPHP, CSS, AJAX, Macromedia ® Dreamweaver ®, and/or Wix HTML5 will be used to create this site design project.

Browser Compatibility - It might take a lot of time and work to make a website fully functional across several browsers (and browser versions and resolutions). It may also necessitate the construction of multiple code/page versions. Diavolari warrants that the website we design for you will be compatible with the following browsers: Chrome is a web browser developed by Google-Firefox-Safari

At least half of the current stated criteria for web site construction must be met, according to the Diavolari criterion for accessibility for individuals with impairments. We make every effort to ensure that the content you provide and the features we include on our websites are accessible to all visitors without sacrificing quality or appearance. Assigning a Web Design Project Diavolari maintains the right to appoint local or foreign subcontractors to this Web Design Project, and you hereby agree to this in order to ensure that the provisions of this agreement, as well as the projected completion date, are met.

 

Two categories of intellectual property are copyrights and trademarks. The Client unconditionally guarantees that any text, graphics, photos, designs, trademarks, or other artwork furnished to Diavolari for use in the Web Design Project is either owned by the Client or that the Client has permission to use each of these elements from the rightful owner, and that the Client will hold harmless, protect, indemnify, and defend Diavolari, its employees, and its subcontractors from any liability (including attorney's fees and court costs).

(This is an optional step.) Website

maintenance is required. This agreement allows for web site page maintenance for a charge of $95-$145 per hour over the course of a year, which includes updating links and making small changes to a sentence or paragraph. Major page reconstruction, new pages, guest books, discussion webs, navigation structure adjustments, and attempted upgrades by Client repairs, as well as Web Design Projects provided to Client, are not included.

The one-year period begins when the Client's web design site is ready to be published to the Client's hosting service, or 30 days after this agreement is signed, whichever comes first. Very modest page code alterations will be accepted as part of this web site maintenance plan if the Client's web design package includes database access through ASP or PHP; nevertheless, substantial page code and/or database structural changes will be paid at hourly rates.

Prior to the transfer or delivery of the project. The Client agrees to complete the Diavolari Design Approval Prior to Delivery Form before accepting delivery of the finished product. If the Client does not complete the 'Design Approval Prior to Delivery Form' in its whole, Diavolari has the right to keep all work output until the Client fulfils this requirement.

Once a shared screen training appointment has been planned and/or agreed upon, Diavolari will demand at least 72 hours' notice to reschedule or cancel it. If sufficient notification is not given within the time frame specified herein, the training session will be considered lost or used, and it will not be rescheduled. It would be necessary to arrange and pay for a new appointment. Shared-screen training will not be available until the site is complete or the Client deems it to be complete. Once shared screen training has taken place, the revision period (if any) will be considered null and invalid. Any requests for site edits made after the shared screen training session (or even during the build revision time) will be considered invalid. If shared screen training is used, the client agrees to accept the site as-is and understands that any further changes will incur a fee.

Date when the project will be completed. Diavolari and the Client must work together to complete the Web Design Project on schedule. Diavolari commits to working fast to complete the Web Design Project as described in the "Proposal A-Z" or "Annexure A-Z" after the Client has supplied the necessary content and completed the mandatory web design questionnaire (whichever is applicable). The Client must provide Diavolari with complete text and graphics'content' in an easy electronic format as soon as feasible in order for this Web Design Project to be completed on time. The Client accepts that Diavolari will not be held liable if the Web Design Project remains mostly incomplete or is delayed as a result of his or her own actions.Any milestone that requires Client action, such as design mockup approval or web design adjustments, may be missed, causing delays. Diavolari may not be able to finish the project within the new deadlines set by the Client if the project is delayed beyond the time specified in "Proposal A" or "Annexure A" or "Proposal O" (whichever is applicable) due to the Client's inaction, such as a delay in sending initial or ongoing instructions & contents. An additional fee based on the rates listed in the "Proposal A-Z" or "Annexure A-Z," as appropriate. Our response times are estimates, not guarantees. Please keep in mind that the web design process can be delayed due to a variety of causes beyond our control. Our turnaround times are estimations based on actual statistics from past jobs, and they are not guaranteed. In the event of a delay in our projected turnaround time, we will not issue a refund, and this is not deemed a breach of contract.
 

The finished web site design project will be published to the Client's hosting service once the final payment is received in full. The Client is aware that if Diavolari's hosting service is not used, the Client agrees to choose a hosting provider that grants Diavolari entire access to the Client's account. In that case, the Client will be entirely responsible for any hosting service costs. Additional scripting effort is required to configure feedback forms for Diavolari-hosted sites, which would be invoiced at the hourly rate indicated in Proposal. A O. Client understands that, unless Diavolari indicates otherwise in writing, add-on services will require My SQL Database Hosting on a Linux Operating System.

Diavolari will publish/host the site on its servers if the client chooses Diavolari to provide hosting. 2) If the client does not want Diavolari to offer hosting, Diavolari will publish/host the site on whatever servers it has access to if it has full access to the client's account.

Electronic commerce legislation is a set of laws that governs the conduct of business over the internet. The Client agrees that the Client is solely responsible for complying with all laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and that the Client will indemnify, protect, and defend Diavolari, its employees, and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's use of Internet electronic communication.
 

The Web Design Project's copyright is protected. The Client shall be awarded perpetual rights to use the Web Design Project as a web site once the final payment under this agreement and any additional charges incurred have been paid. Images, graphics, work-up files, and computer programmes remain the property of their respective owners, and the Client receives no rights to them. Diavolari and its subcontractors retain the right to utilize graphics and other Web design elements as examples of their work in their portfolios.

 

Website content refers to the textual, visual, or aural information that is experienced as part of the user experience on a website. Text, pictures, audio, movies, and animations, among other things, may be included. To ensure that the website is completed on time, the Client is expected to provide Diavolari with complete text and visuals for this Web Design Project as soon as possible, including (but not limited to) text, copy, forms, legal disclaimers, privacy policies, terms and conditions, photos, graphics "the content" in an easy electronic format. The Client is responsible for timely delivery of all information (writing, photos, and graphics) and understands that Diavolari will not be held liable if the Web Design Project remains mostly unfinished or is delayed due to his or her own inaction. Diavolari reserves the right to utilise filler text or sample/filler photos in order to keep the project moving forward. Diavolari makes no claim that the temporary filler text, sample/filler photos, or images/graphics were written by Diavolari copywriters or that Diavolari holds the rights to any of them. To keep the project on schedule, Diavolari acquires sample/filler images and text from royalty-free sources and utilises them as examples and filler on the site. Diavolari cannot guarantee that the sample/filler photos and locations it uses are not plagiarised or royalty-free. All "content" (language, copy, forms, legal disclaimers, privacy policies, terms & conditions, photographs, and graphics) must be provided, ensured, or confirmed by the customer to be legal to use. Diavolari also offers copywriting services and the option to purchase non-royalty free graphics/imagery licence rights for a price. 

Payments. Payments must be made as soon as possible, in line with the terms of this Web Site Design Project, which are detailed in the "Proposal A-Z" or "Annexure A-Z." (whichever is applicable). Diavolari reserves the right to remove any Web Design Project from the Internet pending complete payment. The Client undertakes to pay all fees involved with the procedure (including all attorney's fees and court costs) if collection becomes required. The Client accepts that venue and any disputes will be determined in Canada, regardless of where this agreement is signed, and the Client hereby consents to Canada's personal jurisdiction. The client guarantees the payments absolutely and personally. In addition, the Client waives any claim or right to sovereign immunity. Diavolari will report all good and negative accounts to all credit reporting bureaus. Meta Tags (Description and Keywords) should be inserted, as well as the Web Design Project being uploaded to search engines and updated, only when the complete final payment has been received. All transactions will be carried out in Canadian currency.

Payment Schedule Payment for the services provided herein shall be made in accordance with the terms and conditions of this contract, as well as "Proposal A" or "Annexure A" or "Proposal O" (as applicable), which are included into this agreement. Regardless of any pricing published in literature or on Diavolari's website, the Client and Diavolari agree that the services described in this contract shall be performed at the price provided in "Proposal A-Z" or "Annexure A-Z." (whichever is applicable). Diavolari wants at least half of the total price payable before beginning work on a web site design. Diavolari sends all invoices through email only, and all invoices are due on presentation. Final payment due upon completion (completion date determined by the build/revision period allotted and outlined in the agreed proposal — i.e., 4-8 Week Build/Revision Period provided, final payment due 'within' 45 days of the start date) and/or before going "live," or transfer of ownership, or 90 days from the date of the accepted proposal, whichever comes first) and/or before going "live," or transfer of ownership, or 90 days from the date of the accepted proposal. Once the final payment of a project is completed and approved by the Diavolari billing department, full ownership of all work and services provided will be passed to the customer. If payment arrangements are agreed upon and made, the customer must make timely payments. If a payment is missed or a payment method is declined, the client will have FIVE (5) days to fix the problem before service is interrupted. An invoice will be forwarded to collections if it is past due for more than FIVE (5) days. Diavolari maintains the right to halt work without notice, disrupt current services, and levy a $150 late fee, a $100 reactivation cost, and 1.0 percent per month interest on any outstanding debt. Diavolari should receive all payments, and all prices are in Canadian dollars. A $100 reactivation cost will be charged in addition to the late fee and interest if a website is in default and Diavolari has halted (taken down) the site. Diavolari shall need any outstanding sums due (revoking the payment terms) prior to the reactivation and turning over of the website if a recurring payment plan is in default owing to late or nonpayment. Diavolari will impose a setup fee to restart the delinquent service if nonpayment causes emails or other subscriptions to be late and the service is interrupted. Diavolari maintains the right to revoke payment terms provided to and/or agreed upon with the client at any time and for any reason.

Discounts or special offers. If you add a discount or promotion to a project and list it in your proposal, the project must be paid or completed by the payment terms deadlines. The discount applied to the proposal will be withdrawn and applied to the final payment or payments outstanding if a project is not finished within the allocated timeframe, funds are not received as agreed, or final payment is not paid as stipulated. For example, suppose a project received a discount owing to a current promotion, and the proposal specifies, "Final balance due upon completion and before going "live," or 45 days from the date of the accepted proposal, whichever comes first." If payments are not made on time, the project's discount will expire, and the discounted amount, together with late penalties, reactivation costs, and interest, will be charged to the outstanding debt.

The revision period is to commence upon receipt of first payment, or when customer asks first rounds of updates or site build requests. 

Extras are subject to the same terms and conditions as the original agreed-upon plan.



Policy on Refunds

Diavolari ensures your complete satisfaction.

The following is how our refund policy works:

• If requested, a full refund will be given.

  • No questions were asked prior to the presentation of any design layout. or
  • Before the third round of requests for revisions.
  • All website plans are affected.
  • Limitations on Refunds - Clients that take advantage of a no-obligation design layout offer based on specifications submitted to Diavolari are not eligible for a refund.
  • Only purchases bought on or after February 23, 2022 are eligible for a refund.
  • Once three rounds of modifications have been requested, there will be no refund.
  • Refunds must be requested within 15 days of the order date
  • Work hours that have been used are not eligible for a refund
  • Marketing campaigns are not eligible for a refund
  • On SEO services, refunds are not available
  • Graphic design services are not eligible for a refund
  • Domain registration fees are not eligible for a refund
  • Clients that use the express service are not eligible for a refund
  • Hosting fees are not eligible for a refund
  • Admin expenses are not eligible for a refund

A written request for a refund is required
Updates and add-ons to an existing website are not eligible for a refund.

     

    PLEASE BE ADVISED: Customer satisfaction is Diavolari's major priority. If a client opts in to the no-obligation design layout prior to committing, and then chooses to retain Diavolari to complete the project based on the requirements received or to be submitted (verbal or written), the client acknowledges that making the first payment (deposit) is acceptance of Diavolari's quality, customer service, and capability, and thus waives all rights to a refund.

     

    Layout Designing 

    After receiving the initial payments, Diavolari will create a layout that is exact to the client's demands and make necessary adjustments until the client is satisfied. If the Client needs to change a layout after it has been authorised, additional fees may be paid on an hourly basis at the rate specified in the "Proposal A-Z" or "Annexure A-Z." A page would be defined by a 300-word limit, which would then be prorated based on the current page cost. Clients using the Content Management System would be allowed to change individual text, but only in the content portion of the website. The costs shown below are subject to change; the proposal will reflect the most recent pricing. A Web Design by Diavolari statement with a link to diavolari.com will appear on all pages in the footer of all websites designed or administered by Diavolari. A $700.00 CAD cost will be applied if the link is requested to be removed. It would be a contract violation to remove the link without Diavolari's authorization.
     

    Clients who require website content writing services agree to provide Diavolari with a content summary or highlight points. Clients who employ Diavolari to write articles agree to provide keywords that are relevant. Articles and website content will be well-written and free of grammatical mistakes. Diavolari may charge an hourly rate as specified in the Proposal A-Z if a change is required after submission.

    Design concepts for logos. Upon request, logo designs will be given in PSD, PNG, and JPG file formats; all other file types will be invoiced separately. A logo can only be changed three (3) times, with the exception of when Diavolari designers entirely forget a desired change or a detail inside one of the revision requests. Please keep in mind that if the Client provides no design input prior to the construction of the initial version of the logo (leaving complete creative power to Diavolari designers), the Client risks missing out on one (1) valuable revision opportunity. We strongly advise you to offer as much information as possible to Diavolari designers so that the logo can be developed to your satisfaction. You can now pay to make your site more accessible by submitting a request. However, we cannot guarantee or certify that using our services conforms with all global accessibility standards and regulations. Diavolari is not responsible for investigating and enforcing local laws that apply to you or the visitors to your site.

    Personal Information Protection and Privacy. - Diavolari is committed to preventing the public release of personal information concerning its employees, shareholders, and partners, and has taken steps to do so. Diavolari has policies and procedures in place primarily to protect the privacy and safety of its employees, shareholders, and partners. Diavolari, its shareholders, and workers may utilize employee numbers, aliases, pseudonyms, or alternate titles to protect their privacy and safety, as well as the privacy and safety of the company. Personal Information Protection and Privacy. - Diavolari is committed to preventing the public release of personal information concerning its employees, shareholders, and partners, and has taken steps to do so. Diavolari has policies and procedures in place primarily to protect the privacy and safety of its employees, shareholders, and partners. Diavolari, its shareholders, and workers may utilize employee numbers, aliases, pseudonyms, or alternate titles to protect their privacy and safety, as well as the privacy and safety of the company.

    Monitoring, recording, and phone contacts are all possible. Diavolari maintains the right, at any time, to monitor and/or record telephone calls with Business, its owners, employees, or agents. Only for supervisory evaluation, training, compliance monitoring, collections, and quality control are these calls monitored and/or recorded. Diavolari or its agents and representatives may monitor and/or record any calls between you and a representative of your firm for these purposes if you accept Proposal A-Z. The Client also acknowledges that: I it has an established business relationship with Diavolari and may be contacted from time to time about project status or payment-related issues; (ii) such contacts are not considered unsolicited or inconvenient; and (iii) any such contact may be made using any cellular or other telephone number that Business or its representative has provided to Diavolari; and (iv) any such contact may be made using any cellular or other telephone number that Business or its representative has Diavolari may utilize any e-mail address provided by the Client or its agents, as well as an automated dialling and announcing or similar equipment, unless prohibited by law. If Diavolari decides not to continue future projects with the Client after the Client approves the proposal or makes the first payment, this authorization will not be considered withdrawn or cancelled. Regardless matter what this contract says, neither Diavolari nor any of its employees or agents guarantee that the Web Design Project's services will be uninterrupted or error-free. The Client is solely responsible for the quality and performance of the Web Design Project. Diavolari and its employees are not liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service, or any other circumstances beyond our control, any lost profits, lost savings, or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, failure of any telecomm provider, or any other incidental, consequential, punitive, Arbitration. TO RESOLVE ANY CLAIMS OR DISPUTES RELATED TO THIS AGREEMENT, EITHER PARTY MAY CHOOSE NEUTRAL, BINDING ARBITRATION. BEFORE FILING A LAWSUIT OR IN RESPONDENCE TO A CLAIM, COUNTERCLAIM, OR CROSS CLAIM, ANY PARTY MAY CHOOSE TO ARBITRATE A DISPUTE. ANY BUSINESS-RELATED ARBITRATION WILL HAPPEN IN CANADA. IF ARBITRATION IS SELECTED, THE PARTY INITIALIZING THE ARBITRATION PROCEEDING MAY SELECT ONE OF THE ARBITRATION ORGANIZATIONS BELOW TO ARBITRATE THE DISPUTE USING THE APPROPRIATE COMMERCIAL CLAIMS RULES: AMERICAN ARBITRATION ASSOCIATION ("AAA"), OR ANY OTHER ORGANIZATION THAT THE PURCHASER. THE PARTY WHO INITIALIZED THE PROCEEDING WILL BE RESPONSIBLE FOR ALL ARBITRATION COSTS. ANY Judge CAN ENTER JUDGMENT ON ANY ARBITRATION AWARD. ANY CLAIM SUBMITTED TO ARBITRATION WILL NOT BE HEARD BY A JURY. THE FEDERAL ARBITRATION ACT WILL GOVERN ARBITRATION, NOT ANY STATE ARBITRATION LAW. EVEN IF THIS AGREEMENT IS TERMINATED OR TRANSFERRED, THIS ARBITRATION SECTION WILL STILL APPLY. IF ANY PART OF THIS ARBITRATION CLAUSE, OTHER THAN THE WAIVERS OF CLASS ACTION RIGHTS SET FORTH BELOW, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REST OF IT WILL REMAIN ENFORCEABLE. IF A WAIVER OF CLASS ACTION RIGHTS IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON IN A CASE IN WHICH CLASS ACTION ALLEGATIONS HAVE BEEN MADE, THE REMAINDER OF THIS ARBITRATION CLAUSE WILL BE UNENFORCEABLE. EACH PARTY HERETO WAIVES ANY RIGHT TO ASSERT CLAIMS AGAINST ANY OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE PROHIBITED BY PUBLIC POLICY. TO THE EXTENT THAT ANY PARTY IS PERMITTED BY LAW OR IN A COURT OF LAW TO FILE A CLASS OR REPRESENTATIVE ACTION AGAINST ANY OTHER PARTY, THE PARTIES AGREE THAT: (1) THE WINNING PARTY WILL NOT BE ENTITLED TO RECOVER ATTORNEYS' FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE. This legal agreement, also known as the "Proposal A-Z" or "Annexure A-Z," is the only one between Diavolari and the Client about this Web Design Project. After the introductory 15-day Refund Guarantee period, this contract can only be cancelled at Diavolari's sole discretion. Any additional work not specified in this agreement, as well as any other amendment or change to this agreement, must be agreed to in writing by both Client and Diavolari, and signed or agreed to through email. All pricing specified in the contract will be honoured for three months after both parties agree to it. Continuing services after that period will demand a new agreement. The terms, conditions, and stipulations of this agreement are acknowledged by the undersigned. The parties' whole understanding is contained in this Agreement. Both parties must agree to any adjustments or alterations in writing.

    Client (Electronic Consent – the IP address, time, and date are all recorded) – There is no need to sign. - Diavolari - No signature required; only valid after receipt of advance payment.