WEB & GRAPHIC DESIGN

TERMS & SERVICES

This section has been provided as a reference and may not be used as a contract. Contracts may very. This section may change at any time.

Payments

Graphic design: All payments are due within 30 days of completion. No projects will be released without full payment

All projects over $500 require a 50% deposit.

Web design: All web design projects require a 50% deposit and the remainder is billed at design completion & launch.

Fee Schedule –  Final Payments are due within 30 days of completion. A fee of 15% of the original total will be added for every 30 days past due. After 60 days past due any and all content will be removed and shut down. All content will be returned once payment has been made. After 90 days past due the remaining total due will be turned over to a debt collection agency.

Refunds – OhFer Creative does not provide any warranty for its products. Once the design has been accepted and released it is considered a finished product.

Taxes – If you pay more than $600 to OhFer Creative in a single calendar year you will be provided with a W9

Changes – Designs are done on a test site, and client approval of the final design is given before the site goes live.

Liability – We cannot 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.  OhFer Creative shall be held harmless against any and all damages that may result in the final product. OhFer Creative cannot be held responsible for any illegal activities you may use your website for. That being, if at anytime we discover the content provided is being used for activities deemed illegal in the United States, we will report it to the proper authorities.

Copyrights – OhFer Creative retains the right to use and distribute any and all work done or provided to you. We reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles, and in books.

Testing – We test our work in current versions of major desktop and mobile browsers We won’t test in browsers or mobile devices over 2 years of age unless you specify otherwise. We currently don test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers.

COMPUTER & MOBILE REPAIR
TERMS & SERVICES

Repair Warranty –  OhFer Creative provides a 30-day guarantee for all labor on our computer and mobile repairs. If your problem is not resolved we can repair or replace the defective parts. We reserve the right to refuse a warranty claim. Once the computer has left our possession new or old Virus are not covered under our warranty and will be considered a new repair.

If after a repair, you experience problems which were not originally disclosed to OhFer Creative prior to the initial repair after acceptance of the system by the client, the problem is classified as new and unrelated and not covered by our Guarantee.

Data recovery, backup services & devices with liquid damage are exempt from our guarantee and do not come with any warranty.

Devices showing signs of liquid damage are not covered under any warranty and or guarantee.

Liability – OhFer Creative is not responsible for any data loss or hardware failure while in our possession. Please backup all data if possible. We are not responsible for any damage to the computer that happened prior to and after your repair.

Bench Fee – A $65 bench fee will be applied to all devices that were not repaired. Devices will not be released unless the bench fee has been paid.

Payments – All services must be paid in full before items will be returned. we do not offer payment plans. Parts with a value of more than $100 may require a deposit or full payment before it is ordered.

Refunds – OhFer Creative does not issue refunds. All payments are final

Abandonment – Computer left longer than 30 calendar days after the repair is completed are considered abandoned and become the property of OhFer Creative. If you wish to gain your property back you will be required to pay you current balance plus 15% of the repair cost of $50 whichever is greater.

WEBSITE HOSTING
TERMS & SERVICES

It is compulsory that you completely agree to the below terms of service before creating your OhFer Creative account and enrolling in any services. By using or continuing to use any of the OhFer Creative web hosting services, you are automatically agreeing to the conditions of this document.

The OhFer Creative terms of service (“TOS”) have been designed to provide our clients with a very clear and transparent understanding of what we expect of them while using any of the services offered here at OhFer Creative. The use or continued use of any of the OhFer Creative services represents your complete acceptance and compliance to the OhFer Creative TOS, regardless of whether you have physically read them or not.

Upon initial registration OhFer Creative has accepted your use of our services across our entire network. For this reason under normal conditions your accounts activity will not be monitored regularly. Additionally, OhFer Creative does not implement editorial control over any content of any web site. This includes but is not limited to newsgroup material, e-mails, articles, or personal blogs. However in full agreement with the OhFer Creative TOS, OhFer Creative reserves the right to remove any material that in our judgement appears to be illegal, may subject OhFer Creative to any degree of liability or may violate the OhFer Creative TOS. OhFer Creative will always reserve the right to assist with legal proceedings whether that is with third parties and/or directly with law enforcement to further examine any suspected or alleged crime or civil offence. Violation of the OhFer Creative TOS to any extent may result in the immediate suspension or termination of your relevant OhFer Creative service in addition to the suspension or termination of any other OhFer Creative services you may have.

All OhFer Creative services experience irregular monitoring for system exploitation, security and fraud risks. All risks and/or inappropriate use of any OhFer Creative services that OhFer Creative discovers as well as those brought to the attention of OhFer Creative through third parties that violates the OhFer Creative TOS will result in swift action taken against the offending client with consequences deemed appropriate by OhFer Creative.

If any OhFer Creative client directly or indirectly violates the OhFer Creative TOS, OhFer Creative reserves the right to terminate any and all services linked to the offending client without notice. If OhFer Creative perceives the offence to be unbeknownst to the client, OhFer Creative under the sole discretion of OhFer Creative will notify the offending client of the mischievous or inappropriate activity alongside any necessary corrective action that OhFer Creative deems appropriate. If corrective action is not volunteered by the offending client in a period of time OhFer Creative finds reasonable or if OhFer Creative perceives the offence to be deliberate and obvious violations of the OhFer Creative TOS, OhFer Creative will take immediate action against the offending client. It must be understood that a delayed action or complete failure on OhFer Creative’ part to implement this policy for whatever reason will not be construed as a waiver of OhFer Creative’ right to do so at any time.

In review, while utilizing any of the OhFer Creative’ services you alongside the rest of the OhFer Creative client base are expected to access your account morally, sensibly and most of all responsibly.

Account Activation and Setup Once your order has been placed, your OhFer Creative account will be provisioned immediately, allowing you access to your billing and support panel. The setup of your service however requires manual intervention as it is processed after payment has been received for potentially fraudulent activity. For all new shared, reseller and domain accounts, you can expect a 1 to 15 minute setup time. For VPS, hybrid, dedicated and collocation accounts, setup time drastically differs depending upon the complexities of your requests – on average our custom tailored virtual and dedicated managed hosting environments are deployed in under 90 minutes, but please speak with your account representative for an accurate estimate. These estimates exclude migration time.

 Data Migration Policy The bottleneck of a migration is the connection to your previous host and the speed of their support. OhFer Creative will begin your migration typically immediately after the proper logins have been provided and the account has been setup, however we cannot provide any guarantees on time. We will always work as fast as we can, keep you updated throughout, but it is recommended to do migrations during off-peak hours to account for potential issues with the previous host as well as propagation of the DNS (domain name servers).

OhFer Creative offers our free migration service under a best-faith effort policy, and while we have successfully completed many thousands of seamless migrations of all shapes and sizes, OhFer Creative does not make any guarantees or take on any liability with potential issues that may arise. It is your responsibility to keep backups, stay involved in the migration, ask questions, and fully test the website or application before and after. If any issues are found OhFer Creative will work to resolve them under the best-faith effort policy, but will not make any guarantees of any kind. While we do perform double and triple checks, it is ultimately your responsibility to confirm everything has been migrated properly.

 General Content And Behavior All of the services provided by OhFer Creative will only be used for lawful and moral purposes. All OhFer Creative clients agree to indemnify and hold OhFer Creative harmless from any claims ensuing from the use of our services.

Some examples of unacceptable applications of our service can consist of but are not limited to: Hosting Video or Music files of which no proof of ownership is available Internet Relay Chat (IRC) Bots Illegal adult oriented material Warez (torrents, cracks, serial keys, etc) type websites Proxy scripts Any hateful material whether racial, religious or otherwise Any sort of password sharing or hack themed website Hosting pirated software

Distribution of Mischievous Code Or Programs Distribution of software to any extent that attempts to and/or successfully causes damage, aggravation, or annoyance to any individual, data set or technical device are absolutely forbidden. Examples of such mischievous code or programs can consist of but are not limited to; Trojan horses, computer viruses and internet worms. Any evidence of such an offence having occurred or continues to occur will result in immediate termination of the account in addition to the termination of any associated services. If applicable the proper authorities will be notified.

Copyright Violations Violating copyrighted, patented or trademarked works through reproduction and/or distribution will not be tolerated. It is not acceptable to use a OhFer Creative service to convey any form of the material that violates a copyright, trademark, patent, trade secret, intellectual property right or other right of any third party. These violations can consist of but are not limited to the illicit replication of copyrighted material, the digitization and/or distribution of photographs from print sources as well the illicit transfer of copyrighted programs. OhFer Creative operates within the guidelines of the Digital Millennium Copyright Act (DMCA) when handling infractions and will respond to all accusations that are formatted in accordance with the DMCA

 File Hosting File storage or file hosting of any kind is forbidden across all OhFer Creative services. Under no circumstance may our clients use their OhFer Creative service as file storage and/or a download warehouse. This does not mean that downloads are a direct violation of the OhFer Creative (TOS), it does however mean that your OhFer Creative service(s) cannot drive a website that focuses primarily on downloads. Additionally you may not use your OhFer Creative service as a storage warehouse for games, videos, music files or backups. Any OhFer Creative service may not surpass 10% of space or bandwidth in games, videos, music files or backups. These values are only adjustable by OhFer Creative staff.

 Adult Oriented Websites While no pornography is permitted, adult oriented websites and applications are under the condition they are mutually legal within the laws of the USA and the state of Illinois. OhFer Creative will be the sole arbiter as to what constitutes a violation of this provision.

 Payment Information You understand that in order for OhFer Creative to process your payments in a timely manner and ensure your service remains uninterrupted it is necessary to have accurate and up to date payment information on file. Additionally by agreeing to the OhFer Creative (TOS) you agree to supply appropriate payment for the services received from OhFer Creative in an advanced arrangement for the time period during which such services are received. You also agree that unless you notify OhFer Creative a minimum of seven (7) days prior to the completion of your billing period of your desire to revoke any or all services received, those services will continue to be billed on a recurring basis.

 Data Loss And Backup Your use of any of OhFer Creative service is done so at your own risk. OhFer Creative under no circumstance is responsible or can be held liable for any data held on OhFer Creative servers. OhFer Creative makes an attempt at mitigating potential data loss by keeping regular backups for shared, reseller, VPS and hybrid accounts, however it remains impossible for OhFer Creative to guarantee an appropriate backup will always be obtainable. You agree to take full responsibility for any and all data transferred to and from OhFer Creative servers and to preserve suitable backups of said data. Realizing the importance of data backups, OhFer Creative offers 20GB of free R1Soft backups on all shared, reseller, VPS and hybrid accounts. Although OhFer Creative does perform daily backups, each kept for 7 days, it is in the client’s best interest to consider an additional backup option as it is not OhFer Creative’ responsibility to maintain the integrity of your data.

 Unique Circumstances And Emergencies We reserve the right to take any practical and proactive steps that OhFer Creative deem necessary to maintain the integrity, security, performance and connectivity of our network and hardware. This includes but is by no means limited to actions requiring OhFer Creative to shut down the OhFer Creative network, hardware, eliminate clients, as well as deactivate or manipulate the content of certain websites or applications. In unexpected circumstances OhFer Creative may require a complete deletion of a certain website, e-mail and/or account because of an exploit or abusive behavior. In these situations OhFer Creative will make a best-effort to have backups on hand, but it is ultimately the client’s responsibility to maintain up to date backups.

 Termination of Data In an effort to maintain an enhanced level of privacy and security, all data from terminated and cancelled services and accounts should be considered instantly deleted and flushed from the OhFer Creative servers. This also includes any and/or all of the available backups. As part of your responsibility in preserving your data, please ensure to backup all of your data before canceling your OhFer Creative account. In certain circumstances the deletion and flush may not be instantaneous.

 Account Security Mistreatment or abuse of your OhFer Creative account is your sole responsibility. This includes activity on your OhFer Creative account by family, friends, guests, fellow employees or anyone else that may act on your behalf, with or without your knowing. Therefore it is necessary for you to take precautions against others gaining unapproved access to your account. Additionally, you may not use your OhFer Creative account maliciously to breach the security of another OhFer Creative account or attempt to gain access to another network or server, OhFer Creative or otherwise.

Your assigned or chosen password provides immediate and unrestricted access to your OhFer Creative account and all related services. It is your sole responsibility to maintain a secure password at all times. OhFer Creative under no circumstance will be held liable for any mistreatment or abuse of your OhFer Creative account. Take precautions from others knowing your password as you will be held entirely responsible.

Any OhFer Creative client who infringes on the security of OhFer Creative or another client will be forwarded to the appropriate authorities. OhFer Creative will fully cooperate with law enforcement in any investigation.

 Email Policy And Spam Having personal e-mail accounts ourselves, we know what it’s like to receive our fair share of spam. For this reason, OhFer Creative strong arms all unsolicited e-mailing, bulk emailing, and spam in general. Furthermore, applications such as safe lists and double opt-ins will be considered spam. Any OhFer Creative account that shows evidence of directly or indirectly aiding in or sending out spam will result in the client’s accounts and services being immediately terminated with or without notice.

Depending on the severity of the spam, OhFer Creative may issue a cleanup fee. In this case the OhFer Creative account responsible for aiding in or issuing the spam will be charged a fee based on damages.

OhFer Creative shared and reseller services are capped at 500 emails per hour, exceeding this limit will bounce back to the sender. If for any reason you require more than 500 e-mails per hour as some legitimate mailing lists may, please open a support ticket with your reasoning.

There are no limits on VPS, Hybrid or dedicated emails, however these services cannot be used purely as mail servers and will be monitored regularly.

OhFer Creative reserves the right to delete, disable or change any website, application, database, OhFer Creative account or any component under OhFer Creative’ control that does not completely comply with this policy. In certain situations OhFer Creative may need to act urgently, in this case OhFer Creative reserves the right to do so with or without notice.

Usenet (Newsgroup, Articles, Messages, etc.) Spam Usenet spam can consist of but is not limited to posting messages, articles or ads which violate regulations, charters or rules of a newsgroup or mailing list. With this in mind, any messages that are suitable under the rules and regulations of a newsgroup or mailing list, providing they do not violate the OhFer Creative TOS are permitted.

 Refund, Guarantee And Cancellation Policy OhFer Creative does not offer refunds.

OhFer Creative currently offers no guarantees or refunds of any kind for domain, backup, dedicated or collocation services.

If you wish to cancel any of your OhFer Creative services you may do so providing you give seven (7) days’ notice prior to your next billing cycle. If you used a PayPal subscription please simply login to your PayPal account and cancel your subscription agreement with OhFer Creative. Otherwise, if you purchased your OhFer Creative services through a credit card please login to your OhFer Creative account and submit a cancellation request.

You may have joined OhFer Creative under an annual, semiannual, quarterly or monthly plan. When cancelling your service, your OhFer Creative account will remain active until your billing period ends. After which your cancelled OhFer Creative service will be terminated unless you renew your OhFer Creative account prior to the billing term expiring or you have specified otherwise.

OhFer Creative will treat all data of terminated accounts exactly as outlined in the above section 5.II.

We do not prorate for unused time.

Cancellation For Lack of Payment Any OhFer Creative account that has unpaid invoices more than ten (10) days old may be terminated at any time with or without notice. OhFer Creative will treat all data of terminated accounts exactly as outlined in the above section 5.II.

 Service Refusal OhFer Creative reserves the right to completely refuse or refuse any amount of service or services to any client under the sole discretion of OhFer Creative. Additionally OhFer Creative completely reserves the right to suspend, cancel or terminate any account at any time OhFer Creative sees fit. OhFer Creative will treat all data associated with the termination of an account as outlined in the above section 5.II.

 Resource Usage Limitations Please realize that these policies are in place to protect our clients (you) from poor service. Typically, if we have to impose a restriction on an account for resource usage, that account is already in violation of several aspects of the OhFer Creative TOS, and not just these usage policies. Most clients who fall into this realm affect at least two of these policies, and if left unchecked would begin adversely affecting other clients on their server. The overwhelming majority of sites, upwards of 99%, will never have to take these limits into consideration. That being said, it is important they are in place and it is important you are aware of them.

OhFer Creative uses what is called soft limits to enforce most of these limitations. These limits do not “kill” your service when reached, but rather set off a series of notifications in motion to notify us of potential issues. Many clients will find that they can exceed many or even most without receiving a notice from us. The issue becomes when a single account starts to affect the performance of an entire server, it is then necessary to have these limits in place. OhFer Creative has been known to give extensive leeway to folks who need it, providing them time to work with us to reduce the overall load or if not possible, enter discussions for a potential upgrade. With our highly optimized servers it is rare we ever have to suspend a client for abuse, but under the OhFer Creative TOS, we do reserve the right to do so if excessive.

Price Change OhFer Creative reserves the right to change the prices and plans listed throughout the OhFer Creative website in addition to the resources allocated to each of the OhFer Creative plans at its own discretion. Further, OhFer Creative has the right to end and/or refuse any promotional codes for any reason.

Auto Billing (Reoccuring Payments) For convenience and to prevent an interruption in service, OhFer Creative has employed a reoccurring billing cycle on most monthly, quarterly, semiannual and annual plans. If you do not want reoccurring payments on your account it is necessary to notify OhFer Creative at least seven (7) days prior to the payment taking place. Failure on your part to notify OhFer Creative of your intention to not be billed on a reoccurring basis will automatically result in your account being billed as originally agreed. If you are using PayPal subscriptions, it is your responsibility to cancel with PayPal directly.

 Bandwith Usage When purchasing you selected a monthly bandwidth allowance based on the package chosen. As your monthly bandwidth limit approaches an e-mail will be sent to the contact address on file, it is your sole responsibility to be aware of such limitations and will not hold OhFer Creative liable for any downtime experienced from account suspensions due to bandwidth overages. If overages are experienced or projected for a certain month, all OhFer Creative clientele have the option to upgrade to a larger plan, pay $0.50 per GB or simply wait until the following month. Bandwidth usage is measured on a monthly basis coinciding with Client’s billing cycle.

Responsibilities And Expected Knowledge By the use of any OhFer Creative service a certain level of knowledge is assumed on topics consisting of but are not limited to; internet languages, slang, jargon, terminology, protocols, name servers (DNS), website development and software. While knowledge levels differ greatly, the OhFer Creative client agrees that they possess the necessary knowledge to create their website with the desired content, look and functionality. The customer agrees that it is not the responsibility for OhFer Creative to provide this knowledge to help create, design, program or publishing of a client’s website.

 Root And SSH Access Jailed SSH access is available to all shared and reseller clients, but not by default. Please open up a ticket requesting access. VPS, hybrid and dedicated clients will have root SSH access to their respective servers by default and included in their welcome emails.

 Disclaimer OhFer Creative under no circumstance will be responsible for damages of any kind that your business may suffer. OhFer Creative makes no warranties of any kind, expressed or implied for services we provide other than the aforementioned guarantees mentioned within this document. OhFer Creative disclaims any warranty or merchantability or fitness for a particular purpose. This includes but is not limited to, loss of data resulting from delays, non-deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, network issues, wrong delivery and any and all service interruptions caused by OhFer Creative, its employees or otherwise.

 Indemnification Customer agrees that it shall defend, indemnify, save and hold OhFer Creative harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney fees asserted against OhFer Creative, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OhFer Creative against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OhFer Creative; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from a OhFer Creative server.

IF LAWSUIT(S) ARE THREATENED AGAINST OHFER CREATIVE. If OhFer Creative is sued or threatened with a lawsuit in connection with OhFer Creative service(s) provided, we may turn to you to indemnify us and to hold us harmless from the claims and expenses which include but are not limited to attorney fees and other court costs. Under these circumstances you agree that you will upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit one year from the conclusion of the matter.Potential Changes to the OhFer Creative Terms of Service (TOS) OhFer Creative reserves the right to alter, revise, update and change in the OhFer Creative Terms of Service (TOS) in anyway without notice at any time under OhFer Creative’ sole discretion and can apply any and all changes and updates retroactively.

 As a Good Faith Reminder And Brief Summary to Our Amazing OhFer Creative Clientele THE CONTINUED USE OF THE OHFER CREATIVE SERVICES AND/OR PRODUCTS CONSTITUTES THE IMPLIED CONFORMITY WITH THE OHFER CREATIVE TERMS OF SERVICE (TOS) IN ITS ENTIRETY. BY USING THE SERVICES, THE CLIENT (YOU) AGREE TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREEMENT.

THE CLIENT’S (YOUR) ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT AND SERVICE IMMEDIATELY AS DISCUSSED WITHIN THIS AGREEMENT.