DISCLAIMER
Website
Privacy Policy
MonarchWebDesigns.com does not sell, trade or in any other way compromise your personal information. MWD is committed to protecting your privacy. This policy regards our subscription service and site monarchwebdesigns.com. This policy concerns our processing and usage systems and data gathering. If you have any issues regarding our data processes listed below, you should not continue using our services. Our subscription service permits our customers to have a custom made website designed by MWD and have that website be hosted and operated by monarchwebdesigns.com. We collect user data in a variety of ways. Our website allows viewers to know more about our services. The data we gather through our website is owned by us and we may use it for marketing and future sales. This info is protected as it relates to our Privacy Policy.
Our clients use our subscription service to create websites related to their businesses. MonarchWebDesigns.com does not dictate the subject matter on these websites and is not in charge of the data gathered or controlled using our services by the businesses. That data is controlled by those companies and is protected, shared and managed as directed by their own privacy policies – not according to our privacy policy. We manage our clients’ information as it is given to us and as it relates to our relationships with our customers. We host the info on our platform providers’ servers, but we cannot make decisions regarding its use. MonarchWebDesigns.com uses any such information to share our services with our clients and better our services to them according to the law and our privacy policy.
We deal with our clients – not the people who share their personal information with them. The clients we work with are in charge of editing, keeping track and changing any data they have gathered from their customers using our subscription services. MonarchWebDesigns.com does not consent to our clients using our services to use, gather or process sensitive information (personal financial account info, driver’s license numbers, personal identifying items, passport numbers, social security numbers, credit or debit card numbers, employment information or health information…) regarding their customers, and we are not accountable for our clients’ use of the data they collect through our subscription service. We gather data based upon the wishes of our clients. If you are a person who is served by one of our clients and do not wish to continue a relationship with them, contact them directly to end services with them.
MonarchWebDesigns.com is allowed to move personal information to businesses that aid us in sharing our services. Moving data to these third parties is permitted by our client service agreements.
Clients and customers can browse our websites without sharing personal information. When a new client registers for our subscription service, we ask for personal data through the means of the phone, face-to-face or through an online signup form. Any personal info that is not sensitive can be shared through email.
Personal information we refer to includes the following items:
Data voluntarily given to us
Contact info like business name, phone, address, email and name
Computer browsing info to our website and about your IP address and location, pages you viewed, visit length, referral source and browser preference
Data regarding any business deals / sales
Data regarding a person publicly available online through service providers and websites including but not limited to Google, Facebook, LinkedIn, Instagram and Twitter.
We use payment information only as it relates to our needs regarding gathering and processing payments when customers subscribe to our subscription service which includes billing information, credit card numbers…etc utilizing 3rd party service providers that are PCI-compliant. Aside from payment information, we do NOT gather sensitive information from individuals or companies.
MonarchWebDesigns.com uses automatically collected info in order to improve its services and share big-picture stats on its website performance. We may or may not link this data to personal information. Automatically collected information may include data about a customer’s computer software and hardware, domain names, ISP, operating system, referring web addresses, IP address, preferred browser, files browsed on our website and clickstream information.
3rd party referrals may send us personal information about clients whom we offer co-branded offers or participate in co-advertising efforts, as well as sources from public social media outlets.
MonarchWebDesigns.com has no intention of catering or directing its services towards children under the age of seventeen. We do not intend to gather information about children that fall in this age group. If you become aware this has happened, please email us so we can delete this information as soon as possible.
INFORMATION USE
The data we gather is used solely according to this privacy policy. Our clients are required to operate according to our privacy policy.
We do not sell our clients’ personal information to third parties.
We may decide to use clients’ personal information (in addition to above stated uses) in order to:
1) Send clients’ information regarding our services and company we think may benefit them through email or regular mail, including marketing material
2) Enhance clients’ online experience of our website and their websites through our subscription service
3) Support the utilization of our services to clients and communicate content and marketing materials in their desired way of communication
4) Share with other businesses statistical facts regarding our clients (without identifying our clients)
5) Transfer data to clients as it relates to edits and up-dates regarding our customer terms of service, privacy policy and other agreements
6) Comply with legal obligations
Clients may expect periodic communications from us regarding outside company offers that may interest to them – without their personal information being shared to third parties.
The data we collect through our subscription service of our clients makes it possible to:
1) Offer our subscription service to them
2) Communicate with them regarding support requests
3) Satisfy our responsibilities under the MonarchWebDesigns.com customer terms of service
REGARDING EUROPEAN ECONOMIC AREA (EEA) VISITORS
Under normal circumstances, we only gather personal information from clients when we have their permission to collect it, when we require the data to complete a contract with them and/or when the process does not interfere with your freedoms/rights/protection interests and legitimately relate to our business. Sometimes we have a legal responsibility to gather personal information from clients.
If we require personal information to create a contract with a client or complete a legal agreement, we will also let clients know if this information is optional or not. Moreover, if we gather and utilize a client’s personal information regarding our legitimate interests (or a 3rd party’s) we will disclose what those interests are.
DATA COLLECTED FROM NAVIGATION
MonarchWebDesigns.com utilizes browsing navigation data to improve the quality of its website and subscription service.
CUSTOMER FEEDBACK
We may share customer feedback on our website, which may include some personal data. However, we always first gain customer permission before sharing a client’s feedback and client name information. For privacy, we prefer to use 1st names only.
INFORMATION REGARDING CREDIT CARDS
We use credit card information only to receive payment for our services; this is done using a 3rd party service provider to process the transactions. Our service provider is not allowed to keep or use data related to a client’s credit card except for the aim of assisting us with our credit card payment processes.
We primarily use our service provider’s technologies to protect our clients’ personal information from unauthorized disclosure, access or usage. Any other technologies we may utilize will always be on secure computer servers and protected with technological, physical and managerial capabilities.
We are able to include within our web designs certain social media features and widgets, including facebook, twitter, instagram and others. These social media features may gather information such as browser preferences, pages visited and a client’s IP address. Our privacy policy does not include these items. Widgets and social media features are administered on our website service provider or by 3rd parties. A client’s dealings and exchanges with these features are controlled by the policies of the business offering them.
Our website designs offer links connected to external websites. MonarchWebDesigns.com is not accountable for the actions and subject matter of these external websites. We are not endorsing these websites, their subject matter, their managers or anything else related to these websites. Our private policy only relates to our websites.
After a period of time we will anonymize clients’ personal information or completely erase it if we have no purpose for it. If erasing it is not possible at a certain time, we will protect the information and set it apart from other data we have stored until we do completely erase it. We only keep personal information if we have a real business reason to have it.
If a client decides to no longer work with us, we completely erase their personal information within a short period of time for their privacy and protection or anonymize it if that is not possible.
Therefore, if a client wishes to work with us again, they will need to offer their information again since we will no longer have a record of it. Also, we do request clients allow us at least 30 days to transfer any knowledge / information about their current website to them for their benefit to ensure all information is transmitted correctly and any questions of the client may have can be asked. We will aim to ensure closure of the account as quickly as possible.
If our clients ask for information from their own customers, it is our clients that determine the length of time they will keep the personal information they gathered from them – not MonarchWebDesigns.com. A client of ours is able to close its account with our subscription service and retain access to all the data collected by our subscription service – including personal information of its customers.
On our part, MonarchWebDesigns.com retains the right to delete any information it has about a client’s customers from our subscription services after a client has ended its account with us.
If a client permits us to send marketing / advertising offers and communications, we will keep data regarding the client’s communication choices, any data originating from cookies and other tracking technologies for only a period of time from when the client originally communicated an interest in our services.
SHARING INFORMATION
MonarchWebDesigns.com contracts with other businesses/contractors in order to serve our clients. Only legitimate businesses/contractors may be given information regarding a client in order to serve their needs. Reasons why information may be shared include setting up a domain name on a client’s behalf, creating statistical reports on website analytics, processing credit card payments, offering customer support and setting up 3rd party applications/services/accounts that our business includes within its services. Our aim is to provide quality service to our clients and thus we prohibit the businesses/contractors we partner with to disclose personal information of our clientele, as well as to respect and maintain our privacy policy requirements.
Only upon a client’s invitation do we share information and allow trusted partners to contact a client to assist in giving things such as customer support, communications or website statistical reporting. Any such 3rd parties are not allowed to utilize a client’s personal information in any way outside of agreed upon purposes.
We may partner with 3rd parties to offer marketing content/analysis/support to our clients. A client can request at anytime to opt-out of a partner’s communications – including marketing and support services.
TRANSFER
If we or our assets are taken over by another business, including acquisition, bankruptcy or otherwise, that business will obtain information collected by our websites and our subscription service. If this happens, our clients will be notified immediately via email. Moreover the change of ownership would be posted on our website, the usage of their personal information and options our clients have.
DISCLOSURE
If we reasonably believe that it is in the best interests of another’s safety (or our safety), suspect fraud, need to protect our rights, or must comply with a legal process, court order or law to disclose your personal information - we will.
INTERNATIONAL THIRD PARTIES
If we work with a third party under contract outside of the USA, we will make use of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks to ensure the safeguarding of any data transferred. This framework is approved by the European Commission for standard contractual data protection and attaching rules for corporate entities to data processors.
COOKIES and other TECHNOLOGICAL TRACKING SYSTEMS
MonarchWebDesigns.com uses technologies such as cookies to understand trends, manage its websites and follow a user’s navigational path throughout our websites to improve our services. Our clients can ask for information about their clients use of their websites to improve their service as well. We do not control how our clients use this information.
DATA PROTECTION RIGHTS
You have data protection rights. These including the following:
1) You may ask us to update or delete your personal information.
2) You may ask us to stop or limit the processing of your personal information at any time. Any processing we completed before you withdrew your consent does not impact the lawfulness of any actions we had taken before your request or impact the processing of your personal data that we did based on lawful processing grounds.
3) You may object to a data protection authority regarding our use and gathering of your personal information. However, before any such complaint, please contact us so we can do whatever we can on our part to fix any issues you have. We are happy to change, update or delete your information and will do it within a reasonable amount of time. Moreover, we will contact you when we have finished.
4) You may request at any time to be completely erased from our system. Just email us.
5) You may request to be unsubscribed from any newsletters we send out.
6) We are not in control of subscriptions made by our clients to their customers. To end such a subscription, contact our client (not us). You can also unsubscribe from unwanted communications by clicking the “unsubscribe” link at the end of an email.
BREACH
If there is a data breach of any kind, you will be contacted immediately through email. We will let you know all the information we know regarding the breach, as well as what we intend to do about it.
PRIVACY POLICY UPDATES
We update our privacy policy from time to time. We support our clients to periodically view this page to keep up-dated on our policy to protect their information. It is our clients’ responsibility to review our privacy policy from time to time to stay informed.
By being on our website, a user accepts our privacy policy and terms of service. If a user does not agree to our privacy policy, he/she should not use our website. The use of our website signifies a user is in agreement and accepts our privacy policy.
If you have questions regarding our privacy policy, just contact us on our contact page.
Terms of Service Agreement
When you the client signs up for our services, you are accepting the terms below. We are happy to answer any questions you may have.
Email us at support@monarchwebdesigns.com.
This agreement satisfies the sharing of our obligations to you as our client – it is the entire agreement between us.
We offer you services including website management, design, website hosting services, administration, tools and general services provided through our websites built on the Squarespace platform (such as possible appointment booking tools…etc). When you use our websites, you are accepting our terms, privacy policy and other conditions/guidelines we may post without notice. We support and encourage you to read our documents periodically to stay up-to-date on them.
Cancellation Of Services
You may cancel our services at any time. Simply email us at: support@monarchwebdesigns.com. We do NOT charge clients a cancellation fee or fee associated with transferring the management of a site to them. We do ask for a 30 day notice in order to complete the process.
1) If you wish to take over the management of the website, include this request in your email. We will provide a document with the necessary information you need to manage your website yourself. (If no such request is made, your account, content and website will be deleted from our records.)
a. Notifying us of a wish to cancel services before the last day of the month will ensure you will not be billed for the following month. If we are not notified before the last day of the month, you will be billed for the next month’s payment when that month begins. We do not pro-rate. You are billed by the month; not by the number of days you use our services.
b. If you wish to have your website deleted permanently, include this request in your email before the last day of the month. We will delete your account, content and website and you will not be charged for the following month.
MonarchWebDesigns.com reserves the right to end its services with you at any time it wishes to do so for any reason. However, if ever such a thing were to happen, we agree to notify you as soon as possible and give adequate instruction for transferring website management information if you desire it. This will allow you to manage and maintain the website yourself or to give this knowledge to someone else.
Reasons for ending our services to you the client include (but are not limited to) being disrespectful, difficult to work with, unresponsive to requests and correspondence and exhibiting inappropriate behavior or wishing us to post what we deem as inappropriate content.
Automatic Billing
To maintain an un-interrupted flow of service for our clients, and for everyone’s convenience, Monarch Web Designs uses a recurring automatic billing cycle each month for payment.
Failure To Make Monthly Payments
You will be automatically billed each month on the credit card you share with us for our services. Therefore, we require you the client to keep a current credit card on file with us. If your credit card will expire soon, we require you to up-date us with the new one as soon as possible. A credit card that cannot be charged for whatever reason will result in a suspension of your website for two weeks. Beyond that, if no new card credit info is shared with us, we may terminate your website and our services to you.
We are not responsible for giving you paperwork to help you take over the managing of your website if you fail to make payments and/or do not give us a 30 days notice request to take over the management of your website.
In summary, you acknowledge that for us to process your payments in a timely manner and make sure your service remains uninterrupted, you agree to provide us with accurate and up-to-date payment information on file.
Payment
If you decide to have Monarch Web Designs design your website, a full payment of $500 is expected before the design process begins. If, for whatever reason, you are not satisfied with the final result despite unlimited revisions, you will receive a FULL REFUND. (The design fee is a one-time fee. The management fee we charge is a recurring fee.)
You agree to share the necessary credit card payment information to pay for Monarch Web Designs services prior to when services begin.
You agree to be billed on an automatic recurring monthly fee basis on the credit card you share with us unless you choose to cancel our management services.
As our client at Monarch Web Designs, you need to make sure your payment information in our records is up-to-date.’
And unless you notify us to cancel our services to you, you agree to be billed on a recurring automatic basis for the management package of our services.
You agree to allow Squarespace to hold/store whatever company information it needs to have us set up your website. And you agree to allow any third party companies that Squarespace uses for additional features you wish to use to also hold whatever company information of yours it needs to have us integrate those features/services into your website.
Ownership
MonarchWebDesigns.com owns or has the ability to use the services and material on its website as well as those offered through the websites it builds, including the work contributed by any contractors, employees, affiliates, licensors, and commercial partners – including video, audio, graphics, photos, messages, instant messages, designs, documents, files, copy, layout and other materials offered by MonarchWebDesigns.com that is privately or publicly transferred – including all derivative material that belongs to us or other groups that have licensed their work/services to us and are safeguarded by copyright, trademarks and other types of intellectual property laws.
Every MonarchWebDesigns.com logo, tagline, service marks and trademarks on our website belong to MonarchWebDesigns.com or are accessible for use by Monarch Web Designs. Other logos, service marks, slogans, trademarks, and tag-lines belong to their respective owners.
We are not responsible for you unlawfully using items that do not belong to you on your website, and we expressly prohibit copyright infringement by you the client on your website.
Permissions For Clients
Subject to this agreement, MonarchWebDesigns.com hereby grants you a non-exclusive, limited and temporary use of its materials to the limit required to use its services according to the permissions of this agreement. This license does not allow you to modify, post, rent, loan, share, transmit, showcase, reverse engineer, re-assemble, re-make, store, publish, or try to discern the source code used in our services/materials other than allowed in this agreement.
You may not grant access, sublicense, transfer or sell any of our materials, make derivatives (in part of otherwise), except as agreed upon by our agreement. Use of our services/materials for any reason except as allowed herein or minus our permission is not allowed. We reserve all rights not explicitly given or expressed in this document.
You And Your Information
You are lawfully held accountable for all material – copy, music, photos, messages, graphics, data, logos, info…etc stored, showcased or uploaded in association with the use of our services. We are not accountable for the subject matter you have us post on your site. You are in charge of the content on your website and have the right to use it as long as you have the necessary licensing and lawful ownership status in place for its use.
You hereby grant MonarchWebDesigns.com a global, non-exclusive license with royalty free status to host and utilize the subject matter to share our services with you. And you hereby warrant and represent you hold the rights to grant us such a license. You are accountable for any items that could be deleted or are un-retrievable under the use of our services.
Please archive your material continually and frequently in the event your content is ever deleted. Again, we are not responsible for content deleted or unrecoverable through the use of our services. And we are not responsible for your website being suddenly deleted or its contents being deleted from your website. You are responsible for keeping a copy of all data and information on your website in the event such a thing were to happen.
Admission To Your Services And Accounts
The services we offer you may necessitate that you grant us access or provide us with password and login information for services and accounts you might have with other providers. Under this agreement, when you allow us to access these third party accounts, you agree that you have the lawful and contractual rights to grant us this access, login information and password information.
Publishing
You hereby grant us a global, irrevocable and royalty-free license to use comments/feedback/ideas you give us regarding our services as we wish for improving our services, advertising our services and showcasing our services. Moreover, you grant us a global, irrevocable, royalty-free license to utilize the content and any website created by us for you as we wish for promotional and advertising purposes at our sole discretion. Content includes data, audio, photographs, graphics, documents, data and illustrations.
Regulating Content
MonarchWebDesigns.com is not responsible for regulating the content on its website or any of the websites it creates. For legal purposes, we may share information necessary to protect our website or its customers. We may, at our sole discretion, decide to decline to upload content and remove content, and we may ask you to take away content in part or in whole that we deem to be inappropriate, distasteful or disrespectful of this agreement.
We may ask you to put certain content under password protection. If this is the case, you are prohibited from publishing the password or giving out information so that the password limitation is compromised. When MonarchWebDesigns.com asks you to place certain content behind password protection and you fail to comply quickly, we may terminate our agreement or place such content behind a password ourselves.
Copyright
MonarchWebDesigns.com respects intellectual property rights, and asks others to respect its intellectual property and other people’s as well. If you find content that is placed on or linked to your website that is copyrighted, we ask you to notify us immediately so we can have it removed. You warrant that all the content and material shared by you to us is your sole property or you have license to use it – thus it does not infringe on the rights of someone else or entity. We are not liable for any copyright infringements that exists on your website. If copyright infringements are discovered on your website, you are to be held responsible. If asked, you must be able to verify that your content on your website is yours, and do not infringe on a third party’s copyrights.
Standards
You hereby certify you are 18 years old or older and have the ability to agree to our terms and conditions.
You agree the email address given to us in your account is true and you intend to maintain accurate contact information.
You agree to not utilize our content/services/material for an illegal purpose or participate in illegal actions such as insider trading, embezzlement, fraud, money laundering or anything similar.
You agree to not utilize our content/services/material if you are on the United State’s Treasury Department’s list of Specially Designated Nationals.
You agree to not utilize our content/services/material if you are living in a country that embargoes the United States.
You agree to not utilize our content/services/material while pretending to be another person.
You agree not to state you are endorsed or affiliated with MonarchWebDesigns.com without the owner’s express written permission.
You agree not to publish SPAM, junk mail or any other un-solicitated messages to advertise/market/promote a website created by MonarchWebDesigns.com.
You agree not to share content that includes worms, viruses, Trojan horses or any other type of code, programs or files that stop, paralyze, disrupt the purposes of our services or content and that could affect the accessibility of our site and the sites we create to use their services.
You agree not to use our services through an automated source; you will always use our services through manual means.
You agree not to transmit messages utilizing our services that do not identify the source and you cannot change the sourcing of an electronic mail message or posting.
If you are given one, you agree to protect your password, guard access to your account and maintain a safeguard over your account and its account. You agree not to share your account information – including your username and password.
You agree not to override our securities related to protecting our services and content.
You agree not to take any action that disrupts the functioning of MonarchWebDesigns.com’s services or content.
You agree not to overload our website or your website with too much content that would overwhelm it and cause it to become dysfunctional.
You agree not to publish or have links to content related to violence, pornography, sex or that is illegal (content infringes on the intellectual property rights of another).
You agree not to publish content that could harm another person or is libelous.
You agree not to publish content that breaches another person’s privacy.
MonarchWebDesigns.com may decide on its own if an account violates its policies and agreements. Violating our policies may result in client information tracking with their info held in order to recognize and pinpoint the offender. Such clients can be prevented from using our services or creating an account in the future.
Accounts that are used or are suspected of being used for unlawful or wrongful activity can result in a client’s site being immediately terminated. We may also file a report with the police in your jurisdiction.
Grandfather Pricing
We are loyal to clients who are loyal to us. As such, you the client will never be charged more than what you initially were charged each month for us to manage your services. Our prices online may go up in time. However, clients that remain with our company will receive the same pricing for the same type of management services that they started out with when we took them onboard.
Blogging
Monarch Web Designs is not liable or responsible for any blog related content on your company’s website you provide us with to put up on your website. Such content includes blogs, photos, videos, articles, links, descriptions and anything else related to the blog.
You agree to allow at least 3 days from when we first receive blog information you wish to post before the blog information is put up on your website. This allows us to have adequate time to post the content when you wish it to be posted.
Edits/Changes To Website
You may contact us with edits/changes to your website you wish to be completed by email anytime. Please allows us a few business days to complete your changes. We do aim to complete them as soon as possible.
You are solely responsible for the accuracy of information on your website. Should there be any errors in copy, data or content, you are responsible for letting us know so we can fix the problems.
Product pricing, photographs, product descriptions, contact information, email communication, payment processing, sales tax calculations, website copy, images, videos, and other media are all examples of items you are responsible for on your website.
We are not responsible for damages or harm done by inaccurate information on your website. And furthermore, you are responsible for having copies of the data on your website should it be taken down, accidentally deleted, or compromised in any way. You agree to have the data on your website backed up somewhere safe.
Taxes
You agree to take on full management of any fees or taxes associated with our services, including sales tax connected to a sale or purchase of a product or service of your company. We are not liable for any fees or taxes associated with your commercial products.
Deletion Of Website / Termination Of Services
You have the right to terminate our services at any time. We request a 30 day notice if you intend to manage the website yourself so we have adequate time to provide any necessary documentation/paperwork that will assist you in managing it.
We reserve the right to terminate our services with you at any time without prior notice.
You may terminate our services by emailing us at: support@monarchwebdesigns.com.
Upon termination, Monarch Web Designs has the right to delete all company info, files, data, content, website design and anything else related to your account with us.
Links To 3rd Party Websites
Any links on your website to third party websites are in no way endorsed by Monarch Web Designs. You agree we are not responsible for any damage, harm or loss of any kind that happens as a result of links on your site to any other websites.
Disclaimer Of Warranty
Our services are provided “as available,” “with all faults,” “as is” and do not include a warranty of any type – implied or express. We disclaim all warranties of any kind, implied or expressed, including implied warranties of title, fitness for a certain purpose, merchantability and non-infringement. Monarch Web Designs does not warrant that its services available on or through the website will be error-free, uninterrupted, accurate, reliable, complete, perform well, or attract new leads to grow your business. You agree that your website and our services will be used at your sole risk, and we are not responsible and make no warranties for the delivery of user generated content sent through the website to anyone.
You agree that materials, content or data created in connection with the services is not to be used as a substitute for the judgment, legal, knowledge, or skill of other professionals. And you acknowledge that our services do not include legal advice or tax advice.
Furthermore, Monarch Web Designs makes no warranties or representation that its services or the content on the website are available in all geographic locations or appropriate for all locations. If you use this site outside of the USA you are responsible for the compliance of any laws governing its use.
We do not warrant that our websites, servers we use, materials, services or email sent from our websites or third party providers, affiliates and partners are free of possible viruses, trojan horses or any other detrimental components.
Third party links, features, websites and content are not under the governance of Monarch Web Designs, and we are not responsible for such third party sites – including the correctness and reliability of such links and their content.
Your use of any third party site is managed by the terms as they regard third party websites. The hosting of any third party related link does not imply an endorsement by Monarch Web Designs or of the provider of the services or subject matter.
We are not responsible for anything to happen to your website should our platform provider – Squarespace – be harmed, affected, go bankrupt or in any way suffer negative circumstances.
Limitation Of Liability
Monarch Web Designs is not liable to you or anyone else for harm or damages of any kind, including but not limited to incidental, direct, indirect damages – such as personal injury, loss of profits, business interruption, program deletion, loss of data, loss of information, and loss of website content.’
You release Monarch Web Designs and hold Squarespace, licensors, affiliates, subsidiaries, contractors, agents and employees harmless from any and all damages, harm, demands and claims of every type and nature (including special, actual, incidental, and consequential), suspected and unsuspected, unknown and known, disclosed and undisclosed, in connection to or resulting from the use of your content, website, management services, commercial products, materials and any third party user generated content available on or through the site, including whether related to negligence, malpractice, strict liability, a theory of a breach of contract or in any other way, including if Monarch Web Designs has been notified of the idea or possibility of such damages.
You hereby waive the provisions of any local law or any state that prohibit or limit a general release.
Problems With Your Website
If there is a problem with your website, our services to you, the content on the site or if you have any other problem with Monarch Web Designs, you agree that your only and exclusive course of action is to end your services with us and to stop using the website we built for you.
You agree that under no circumstances you hold Monarch Web Designs or Squarespace or any licensors, 3rd parties and affiliates liable in any way for your use of the website, our services, the content, any materials, commercial products, third party user generate content shared on or through the site, including but not limited to omissions, errors, intellectual property infringement rights, rights of 3rd parties, damage or loss because or in connection to the use of the website we built for you.
If your state or jurisdiction does not permit the exclusion of implied warranties, or limitation of liability for consequential or incidental damages, than the above paragraph may possibly not affect you.
Termination
Monarch Web Designs can terminate in part or in whole its services to you at any time and at our sole discretion. We may also modify, replace or refuse access to your services at our sole discretion. We may also delete, withhold or suspend any content we decide is against this agreement from your account or your website at any time. We have no obligation to store, hold, or provide you with a duplicate of any content you or other people give us to use our services.
Indemnification
You agree to hold harmless, indemnify and support Monarch Web Designs, employees, contractors, affiliates, Squarespace and any third party companies connected to your website and services from any and all claims, expenses, harm, liability, loss, costs (including attorneys’ fees) created by or placed upon the indemnified parties related to any claim stemming from or connected to 1) your use of our services, website or materials, 2) your content 3) all commercial products you provide through or on your website or using our services.
This includes (and is not limited to) all violations or breaches against this agreement by you. You hereby agree to work together at your financial expense as necessary by an indemnified party.
Each indemnified party can take on the management and defense of all items for which it is indemnified. You cannot determine any matter that involves an indemnified party without their consent.
Changes / Amendments
Monarch Web Designs reserves the right to change, edit, replace, delete or modify this document at any time at our sole discretion. We encourage you to periodically read this document for changes. It is your responsibility to do so.
Your on-going use of our services after the posting of any alterations to this agreement is taken as acceptance of those changes. We may provide new features and services through our website, including resources and tools. All such services/features are subject to the conditions and terms of this agreement.
Disagreements
The interpretation, form and performance of this agreement and any disagreements that come out of it will be managed by the laws of the state of Minnesota and where applicable to the United States. You agree to submit to the personal jurisdiction and courts located in Minnesota.
You waive any right to a jury trial in any proceeding that comes out of or is connected with this agreement.
Privacy Policy
Please read our privacy policy to gain knowledge of what it contains so you can make good decisions. Know that some information, data, statements and content will possibly disclose personal information about you – including but not limited to your nationality, gender, age, and ethnic origin.
You agree that your disclosure of this information is voluntary on your part and you acknowledge, consent and agree that we can see, hold and share your registration and any other information you share if necessitated by law or in good faith on our part that disclosure or access to its holding is considered important. Sharing of user information to 3rd parties is further explored in our privacy policy.
You hereby accept that a violation or attempted violation to our agreement will render harm or damage to Monarch Web Designs and if irreparable, the total amount cannot be determined.
As such, you agree that Monarch Web Designs is entitled to an injunction issued by a court of any competent jurisdiction who can restrain any attempted violation or actual violation of the terms and conditions by you or your agents/partners, and can repossess any expenses/costs experienced by Monarch Web Designs from you or anyone/company connected to you and received by us in attaining such an injunction, including attorney fees. You consent that no security, including bonds, will be expected in regards to an injunction.
Under no circumstances will you be entitled to rescission, injunctive or other types of relief, or to stop, limit or enjoin the functionality of Monarch Web Designs, take advantage of any marketing/advertising or other content connected to it, or exploit Monarch Web Designs’ website, content or materials showcased through the website.
Terms Of Use
You are responsible for creating a Terms of Use document for any website we build for you and/or manage. You must make sure to include in your Terms of Use page that Monarch Web Designs is a third party beneficiary and must include limitations of liability, intellectual property, limitations of remedy, disclaimers of warranty and indemnifications provisions for the good of Monarch Web Designs.
Your Privacy Policy
If no privacy policy is given to us, we may post on your behalf a generic privacy policy. You can replace this policy with one you prefer at any time.
You consent to hold harmless Monarch Web Designs and its contractors, Squarespace, employees, agents, affiliates, subsidiaries, successors and officers from and against any and all damages, expenses, costs, attorney fees, loss and liability related or connected to your use of and access to and reliance upon your hosted site, as well as the purchase, sale or other supply of commercial products.
E-COMMERCE (Not Currently Available For Clients)
If we do offer our clients the opportunity to sell services or products through the sites we build and manage, we are simply offering the platform. We do not take a percentage of sales.
Buyers who purchase services or products will have their payments processed through a 3rd party payment service provider. The third party provider’s terms and service and privacy policy regulate the payment services – not ours. We are not responsible for the third party providers’ actions.
The following are required to sell something on our websites if we allow this feature for your website.
1) You cannot sell or share anything illegal or inappropriate, stolen or counterfeited.
2) You cannot sell anything that conflicts with the rights of another – proprietary or intellectual.
3) You cannot share or sell any services or products that are violent, offensive or sexual in nature – as determined by our discretion.
4) You cannot sell anything made or intended to use as a weapon or for ammunition. We will determine whether an item fits into these categories.
5) You cannot sell anything that is slanderous, cruel or infringes in any way on a person’s privacy.
6) We reserve the right to remove at any time content/products/objects/services as it regards the sale or sharing of items that are in violation against this agreement. It is your responsibility to refund and stop and end deliveries of products we have removed from your online store we deem inappropriate.
7) If the bank of a cardholder from one of your customers applies a chargeback on the cardholder’s card (refund, cancellation, withdrawal), you agree that your company is in charge of providing the funds for repaying any funds that have been taken out. You must contact the customer and negate any chargeback the customer’s bank requested if necessary. Also, chargebacks must not go over 30 days from the initial date request of the bank (or financial institution).
If we provide online store services to you, Monarch Web Designs is not responsible for the services or products on the e-commerce store portion of the website. We are also not liable for the governing of such items either. You the client is the only one responsible for the management of your e-commerce store’s services and products.
Any processing and fulfillment of shipping orders and refund processing is strictly your responsibility. Any editing, listing of items, pricing, uploading of photos, copy for descriptions and all other content connected with the online store must be provided to Monarch Web Designs at least 3 days in advance of its need to be put on your website to ensure your e-commerce store remains up-to-date and we have the time to complete the edits/changes for your store. We are not responsible for any liabilities, warranties, copy errors, imagery, copy or any content, product or service on your e-commerce store.
General
If any part of this agreement is discovered to be unenforceable, the rest of the document will maintain its full power and effect.
If Monarch Web Designs fails to enforce any of this agreement, its failure to act will not be accepted as a waiver.
Any waiver of this agreement is required to be completed in writing and signed by the owner of MonarchWebDesigns.com.
You agree not to transfer any of your rights/obligations under our agreement to any company or individual without Monarch Web Designs’ written consent.
You agree to allow at least 3 full business day to pass for edits/changes/modifications to be completed or to be started on your website before re-contacting us about those changes. Blog articles and anything else related to blog posts are to be shared with us at least 3 days in advance of when you wish the item/s to be posted to allow us the time to do so.
Our obligations and rights under this agreement are assignable by the owner of Monarch Web Designs in connection with a sale of assets, acquisition, merger, operation of law or in any other way.
This agreement does is not give third party beneficiary rights.
This agreement is admissible to be shared in electronic form or printed form in an administrative or judicial proceeding to the same circumstances and conditions as other records and business information originally created and kept in printed form.
Monarch Web Designs is currently open to be contacted 6 days/week by email. The best method to contact us is by email. Phone calls by our clients that are not immediately picked up will be responded to either by a phone call or (preferred) by email.
We are off on Sundays and major holidays. However, we do monitor emergencies for our clients and will take care of them as soon as possible.
Our services are month-to-month. There are no contracts. And there are no refunds for our services with the exception of the initial $500 design fee.
Our services include but are not limited to:
· Premium Website Hosting
· Hosting setup
· Security
· Search Engine Optimization
· Responsive Design
· Troubleshooting issues, errors, or complications as they relate to design / management of the website
Acknowledgement
By Using This Website And Or Our Services, You Acknowledge You Read And Agree To Be Bound By The Terms & Conditions Of This Agreement.
Monarch Web Designs Terms Of Service Agreement For Hosting
It is compulsory that you agree 100% to our terms of service before taking part in any services provided by Monarch Web Designs through its use of the Squarespace platform. By using or continuing to use any of the Monarch Web Designs services with Squarespace, you are automatically agreeing to the conditions set forth in this document.
The use or continued use of any of Monarch Web Designs services with Squarespace represents your full acceptance and compliance to the Monarch Web Designs service provisions using Squarespace as its hosting platform despite whether or not you have actually read them or not.
Violation of the Monarch Web Designs’ service agreement in any way may result in the suspension or termination of your Monarch Web Designs website service and deletion of any content/material you have recorded with us on file and on your website.
Monarch Web Designs services are monitored for system exploitation, security and fraud risks. All exploitation, risks and/or inappropriate use of any Monarch Web Designs services we find (as well as those brought to the attention of Monarch Web Designs through third parties) that violate this agreement will result in quick action taken against the client with actions seen as necessary by us.
If a client directly or indirectly violates the Monarch Web Designs service agreement, Monarch Web Designs reserves the right to terminate any and all services linked to the offending client without prior notice.
If Monarch Web Designs perceives the offense to be unknown to the client, we will alert the offending client of the activity as well as any corrective action that we think appropriate.
If corrective action is not offered by the offending client in a period of time Monarch Web Designs finds reasonable or if Monarch Web Designs thinks the offense is intentional and to be recognizably in violation of the service agreement, Monarch Web Designs will take immediate action against the offending client.
You agree that any delay in action or total failure on our part to execute this policy for whatever reason will not be seen or taken as a waiver of Monarch Web Designs’ right to do so at any time.
In summary, you the client agree to use our services responsibly, respectfully, in compliance with all the explained statements of this policy and ethically.
You agree by using our services that you have read this document and agree to all of its contents and requirements.
Behavior
You agree that services provided by Monarch Web Designs to you will only be utilized for lawful and moral purposes. All Monarch Web Designs clients agree to indemnify and hold Monarch Web Designs harmless from any claims resulting from the utilization of our services.
Some examples of unacceptable applications of our service include but are not limited to:
· Proxy scripts
· Violent or hateful material, including racial, religious or otherwise
· Password sharing or hack themed website
· Hosting pirated software
· Hosting any kind of files – including music and video files - with no proof of ownership
· Internet Relay Chat (IRC) Bots
· Illegal adult oriented material
· Warez (torrents, cracks, serial keys…etc) kinds of websites
Code And Programs
Sharing of software in any way that tries to and/or actually causes harm, provocation, or irritation to any individual, data set or technical device are expressly forbidden. Examples of such code or programs may include but are not limited to; Trojan horses, computer viruses and internet worms. Evidence of such an offense that happens or continues to happen will cause a sudden deletion and complete termination of your account and website services. If necessary, actions will be taken to notify the law when appropriate.
Copyright Infringement
We do not tolerate the violation of copyrighted, patented or trademarked works through reproduction and/or distribution.
You may not utilize our services to share any material/subject matter that violates a copyright, trademark, patent, trade secret, intellectual property right or other right of any third party.
These violations may include but are not limited to the illicit replication of copyrighted subject material, the digitization and/or sharing of images from print sources as well the illicit sharing of copyrighted programs.
File Hosting
File hosting/storage of any kind is not allowed within Monarch Web Designs services.
You may not use our services as a method of file storage. We do not allow our clients to use our websites as mostly a method for you or your viewers/customers to download material – including but not limited to videos, music files, video games and back-ups. You may allow downloads from your website built by us. However, downloads cannot be the main purpose of your website.
Data
You acknowledge that the use of Monarch Web Design’s services is done at your own risk.
We are not responsible nor to be held liable for data/content/files on any websites we build and host for you through Squarespace. You agree to keep full back-up of all your content/material/copy…etc on your website with us in the event it is deleted or terminated.
If you notice something within your data/info on your website that is not correct, please notify us so we can correct it as soon as possible.
Emergencies
Monarch Web Designs reserves the right to take action in order to keep the integrity, security, performance of our services to you. These actions include, but are not limited to, deactivating or changing the information on websites, a complete deletion of a website/account because of bad behavior and terminating our services with you completely.
Deletion Of Data
Please keep a back-up of all of your content in the event of a termination of your services with us. Clients with terminated accounts/websites will have their information on their website completely deleted from our files.
Security
Websites built and designed by us are secure websites. Once we hand over the website to you the client to manage it, we are no longer responsible for any up-dates/changes or anything related to your website at all. As such, you are responsible for taking the necessary precautions regarding unapproved access to your website account after the termination of our services with you. You acknowledge and accept that once you gain management of your website, we are no longer responsible for informing you, educating you and making any edits/changes on your website and no longer have any connection to your website whatsoever.
You must take precautions from people knowing your password as you will be held entirely responsible for your website after you gain management of it.
Any Monarch Web Designs customer who violates or infringes on the security of Monarch Web Design’s services or agreement or on another client may require us to notify the appropriate authorities. We will fully assist law enforcement in any investigation with the knowledge we have.
You agree not to hold Monarch Web Designs responsible or at fault should your website built by us be hacked or compromised in any way.
Refunds
Monarch Web Designs offers no refunds for Domain, Backup, Shared Hosting, VPS Hosting, Dedicated Hosting, or Collocation Services.
We do not prorate for unused time.
Refusal Of Service
We reserve the right to refuse any degree of service to any customer under our sole discretion. Moreover, we reserve the right to delete, suspend, cancel or terminate any account at any time.
Limitations
Our policies are meant to protect us and our clients from poor service and bad behavior. In general, if one of our policies is enforced, it means that a client has not followed our agreement. It is very rare for us to need to enforce our policies, because most clients are respectful, pay their monthly bill and ask us to create appropriate, respectful websites for them.
On our part, we wish to assume the good intentions of our clients, and prefer to notify clients of any violations of this agreement before taking action (such as a deletion or suspension of a website).
Promotional Codes
Monarch Web Designs reserves the right to end and/or negate any promotional codes for any reason.
Disclaimer
Monarch Web Designs is not responsible for any harm or damages of any type your business experiences. We do not give warranties of any type, expressed or implied for services we share aside from the guarantees mentioned within this document. Monarch Web Designs disclaims any type of merchantability, warranty and fitness for a specific or general purpose.
This consists of (but is not limited to) any deletion or loss of information coming from hacking, items not delivered, interruptions of any kind, delays, hardware and software malfunctions, sabotage, attacks, network issues, faulty deliveries and all service interruptions directly or indirectly coming from Monarch Web Designs and its owner, any employees, Squarespace, third parties and contractors.
Indemification
You the client consent to indemnify, shield and hold Monarch Web Designs and its owner safe and harmless from any and all mandates, liabilities, costs, claims, and loses - including all attorney fees - directed against Monarch Web Designs, its contractors, its clients, Squarespace, Monarch Web Designs’ owner and any employees, relating to causes that may happen or come from any service given or executed, or any and all items sold or distributed by a client or people connected to a client.
You the client consent to indemnify, shield and hold harmless Monarch Web Designs and its owner from any liabilities resulting from; (1) any injury to person or property caused by any items sold or otherwise distributed related to website built by Monarch Web Designs; (2) any item/material distributed by a client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any flawed items distributed to customers from a Monarch Web Designs built website (5) any negative consequences from using Monarch Web Designs’ services to build and manage your website. You consent to not hold us responsible for any harm or negative result that happens due to utilizing Monarch Web Designs services.
Lawsuits
If Monarch Web Designs is sued or threatened with a lawsuit in connection with Monarch Web Designs service(s) provided, we reserve the right to come to you to indemnify us, defend us and hold us harmless from any and all negative consequences – including but not limited to claims and expenses, costs, attorney fees and other court costs.
Changes To Terms Of Service
Monarch Web Designs reserves the right to change, edit, alter, revise, and update our Terms of Service in whatever way we choose without notifying you at any time. And we reserve the right to do these things under Monarch Web Designs’ sole discretion.
Good Faith
The Continued Use Of Monarch Web Designs Services And/Or Products Signifies The Implied Agreement, Acknowledgement And Conformity With Our Monarch Web Designs Terms Of Service In Its Totality.
By Using Our Services, The Client (You) Agree To Be Bound By All Terms Associated With Said Services, Including This Agreement.
The Client’s (Your) Only Course Of Action And Recourse In The Event Of A Disagreement Is To Terminate This Contract And Service Immediately As Discussed Within This Agreement.
Thank You.