As a subsidiary of FurNFeatheredFriends.com, all terms are applied to DigitalGlitz.net as defined when the name FNFD, FurNFeatheredFriends, us, we etc are used.
GDPR (General Data Protection Regulation, enacted 25May2018):
As of 1 May 2018, FurNFeatheredFriends.com and her subsidiaries updated the Privacy Policy.
Clients are responsible and liable to ensure that their websites are in compliance with GDPR!
FurNFeatheredFriends.com is not a Lawyer or offering legal advice. FurNFeatheredFriends.com does not guarantee that a website designed by FurNFeatheredFriends.com will be in compliance. That is the responsibility of the Client.
FurNFeatheredFriends.com will ensure that the client will have the ability to create a Privacy Policy & Privacy Tools Pages either with WordPress Core functions or via a GDPR Plug-in.
Should a Client like assistance with utilizing either function mentioned above, FurNFeatheredFriends.com will do so to the best of our ability but does not Guarantee the legality or level of compliance of the privacy policy that it generates.
Client understands that the Client must go over the policy to the best of Their ability to make it personal to them and their website.
Should a Client be in doubt, FurNFeatheredFriends.com recommends the Client to contact a lawyer for legal advice.
Themes and Graphics:
- You may not use them in an Email or as stationary on the internet unless expressed on furnfeatheredfriends.com that is the intent of the item.
- You may not offer them for sale, included on another CD collection, web site collection or archive.
- You may not alter the graphics except to add text to the blank buttons or titles & blank banners provided.
- You may not claim to have any intellectual or exclusive ownership rights, modified or unmodified, except in the case of Custom WP Themes which have a limited single use (1 website) ownership copyright of the finished assembled webset. (Please see Copyright & Trademarks)
- All WP Themes have a single use ownership copyright license for use on one (1) website unless downloaded as a Free Theme(Please see Copyright & Trademarks)
Cancellations and Refunds:
FurNFeatheredFriends.com reserves the right to cancel or refuse any service and/or maintenance account at any time to anyone with or without prior notice.
Customers may cancel at any time. There are NO REFUNDS on design demos, completed design services, purchased templates, shareware, websets, graphic sets, pagesets, that have already been delivered to you electronically or uploaded to your hosting account. There are no refunds for completed template modifications, administrative fees, or install fees for custom scripts/software. Refund requests for website maintenance will be refunded on a prorated basis of any unused time via paypal. Cancellations must be done in writing via email with email address on record..
Email On File:
It is your responsibility to ensure the email address on file is current and up to date at all times. If we need to contact you in case of any issues that are important to your website, maintenance of your website or invoicing for any of our services, the email address on file will be used for this purpose.
Payment Information:
- You agree to supply appropriate payment for the services or products received from furnfeatheredfriends.com, in advance of the time period that services or products are provided.
- All fees are payable in US dollars.
- Custom Web Design costs are variable and based on individual design needs.
- A non-refundable Design Deposit (specified in Quote) is required prior to beginning a custom design and full payment prior to uploading your files to your webhost.
- Paypal, credit card payments (through PayPal) and Zelle are acceptable forms of payment. You will be able to choose which payment method. All paypal and credit card payments will be forwarded on to PayPal for processing. You do not need a Paypal account to use your credit card. furnfeatheredfriends.com does not personally collect credit card information. All credit card orders are collected through PayPal and is governed by paypal’s policies & terms. Payments must be processed before delivery of any electronic goods.
FurNFeatheredFriends.com reserves the right to change our fees for services, designs, templates, CMS, shareware/websets and maintenance service and any other services/charges not specifically listed, at anytime.
Copyright and Trademarks:
- The Client unconditionally guarantees that any material furnished by Client to FurNFeatheredFriends.com for use inclusion in design and/or content is owned by Client and/or Client has permission from the rightful owner to use said material and will hold harmless, protect and defend FurNFeatheredFriends.com from any claim or suit arising from the use of any material supplied by Client. Client will notify FurNFeatheredFriends.com of permission and any copyright notices needed to be placed for use of any said material.
- FurNFeatheredFriends.com guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical elements may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both client and furnfeatheredfriends.com that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless client receives direct authorization from the 3rd party.
- FurNFeatheredFriends.com has no legal responsibility to the content or copyright status of a website except for original FurNFeatheredFriends.com artwork or legally purchased resources to place the proper rights and/or licenses to be used on the web site.
- Client acknowledges design layout, shareware/template/exclusive webset, and/or programming is for single use only
- Copyright to the finished graphics and layout of individual web site or template produced and designed by FurNFeatheredFriends.com is owned by FurNFeatheredFriends.com. This ownership is to include rights to the design, any photos or graphics supplied by FurNFeatheredFriends.com, source code, scripts and any programming utilized in any web site, template or website programming project.
- Upon full and final payment of design work, the client will be granted single use ownership copyright of the finished assembled web site. All graphics, photos, artwork or text placed on clients website by client or provided by client for use in website or template shall remain copyright of client and all respective owners.
- Some resource elements may be used in other websites and/or websets, templates, shareware, exclusive websets. These are custom graphics made by furnfeatheredfriends.com or from legally purchased resources.
- A link to https://furnfeatheredfriends.com and byline must remain at the bottom of each web page within a website project for as long as images and/or programming created by FurNFeatheredFriends.com are utilized in the website project.
- FurNFeatheredFriends.com may use client’s web site as a sample of work in its marketing materials or through a web site link.
Confidentiality:
- Confidential information includes, but is not limited to, textual content, images, computer programs, specifications, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, to furnfeatheredfriends.com by Client and/or to Client by furnfeatheredfriends.com Confidential information disclosed orally shall be identified as such within five (5) days of disclosure. Nothing herein shall require Client and/or furnfeatheredfriends.com to disclose any of its information not necessary for the design and/or programming of a project.
- Both parties agree that confidential information is to be considered confidential and proprietary to Client and furnfeatheredfriends.com and both parties shall hold the same in confidence, shall not use the confidential information other than for the purposes of its business.
- furnfeatheredfriends.com will not disclose, publish or otherwise reveal any of the confidential information received from Client to any other party whatsoever except with the specific prior written authorization of Client and/or as requested by Client to be placed on or in the project.
- Client will not disclose, publish or otherwise reveal any of the confidential information received from furnfeatheredfriends.com to any other party whatsoever except with the specific prior written authorization of furnfeatheredfriends.com.
Liability:
In the event that client or other agent acting on the behalf of the client accesses files and disrupts the layout or functionality of the web site, furnfeatheredfriends.com can work to get the web site back up and running at the regular hourly rate.
FurNFeatheredFriends.com is not liable for any security breach, upset, loss of data or functionality of your website.
Backups and Data Loss:
FurNFeatheredFriends.com does not host your files or data and is not responsible for any of your files and/or data residing on your hosting provider’s server. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored with your hosting provider. Example: Your website pages, design, photo or text content, database, product entries for a shopping catalog, etc..
We do provide a 1-time courtesy back-up of new websites that we maintain in our files.
Indemnification:
Client agrees that it shall defend, indemnify, save and hold furnfeatheredfriends.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against furnfeatheredfriends.com, its agents, its customers, officers and employees, that may arise or result from any service provided by furnfeatheredfriends.com; or agreed to be performed; or inability to use furnfeatheredfriends.com’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to furnfeatheredfriends.com’s records, programs or services.
Search Engine Optimization (SEO’s):
Should furnfeatheredfriends.com include writing SEO’s in whole or in part of setting up/uploading WP Theme for WP conversion, New WP install, Custom WP Theme, said SEO’s DOES NOT GUARANTEE OR IMPLY that said URL will be listed on the first page of any browser search result.
Abandoned Design/Project:
A design/project will be considered abandoned if a project is in progress and/or after completion a customer does not get back to us within 6 consecutive weeks. If contacted after the 6 week period a service fee of $50.00 plus any remaining balance due must be paid in full prior to moving forward with the project.
Theme/Project will be held for 6 months (from email notification requesting approval date) for Design Approval/Upload partial payment (2nd stage). After waiting period has expired, Theme will then be forfeit by requester and ownership of Theme reverts to FNFD.
Electronic Commerce:
The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend FurNFeatheredFriends.com and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s’ use of Internet electronic commerce.
Ethicality:
FurNFeatheredFriends.com will not design, promote, maintain, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will FurNFeatheredFriends.com design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, children, the elderly or the disadvantaged.
Arbitration:
By using any FurNFeatheredFriends.com services, you agree to binding arbitration. If any disputes or claims arise against furnfeatheredfriends.com or its subsidiaries, such disputes will be handled by an arbitrator of FurNFeatheredFriends.com choice. All decisions rendered by that arbitrator will be binding and final. You, the client are responsible for any and all costs related to such arbitration.
Warranties:
All services are provided “as is” and “as available” with no warranties or conditions of any kind, including but not limited to warranties of title, non-infringement, or expressed, implied, statutory, or in any communication with you. FurNFeatheredFriends.com expressly disclaims any implied warranties of merchantability and/or fitness for a particular purpose. furnfeatheredfriends.com will not be liable to the purchaser or any other third party for any damages incurred, including loss of data, lost profits, or any other costs, which are caused directly, indirectly, incidental, or consequential from use of any of our services or inability to use our products.