The ‘Terms of Service’ described herein constitute The Agreement (”Agreement”) between You (”You”, Your, You’re) and artbiz.ca (”Artbizwebdesign.com”, “Artbiz.ca”, “Artbiz”, “Us”, “We”), a sole proprietorship operated in the province of Alberta, Canada. This Agreement governs your purchase and use of all services (Collectively, the “Services”, “Website”) sold to or provided to You by Artbiz.
Media – Any Image, Film, Video, Illustration, Animation, Audio, Text or any other item that You may display on your Web Site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ARTBIZ . BY CHECKING THE BOX ON THE REGISTRATION WEB PAGE YOU AGREE THAT YOU HAVE READ THE TERMS OF AGREEMENT AND ACKNOWLEDGE TO BE BOUND BY THE THEM. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT PROCEED. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER OR PEOPLE THAT YOU REPRESENT, THE RIGHTS AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER, OR THE PEOPLE THAT YOU REPRESENT, AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER OR THE PEOPLE THAT YOU REPRESENT. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER OR TO PEOPLE THAT YOU REPRESENT, YOUR EMPLOYER OR THE PEOPLE THAT YOU REPRESENT MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
You agree that Artbiz can suspend, or remove any part of, or in it’s entirety, Your Web Site at any time if You do not abide by the provisions within this agreement. And furthermore, You agree that Artbiz is only responsible for compensating You on any remaining time that You may have paid for in the event that Artbiz removes your Web Site in its entirety.
1.1 The fee will cover program installation, configuration, set up and uploading of one or all of Artbiz’s themes, dependent on Your choices made during registration. Not included is hosting for the WordPress Minus package or the cost of registering a domain name unless the option is selected, or the addition of your content and images.
By subscribing to the Upgrade Service or website hosting your site will be automatically upgraded when new program releases become available. Often these upgrades are security upgrades and are important to maintain. Also included are regular upgrades of the sites plugins, the gallery, spam blockers etc. All this is done behind the scene seamlessly. Annual access to the WordPress tutorials is also granted under the subscription.
Limits of Support
Artbiz will provide support and updates for the installations and configurations completed by us. Not included are user installed plugins and themes. We will however endeavor to update user installed plugins within the upgrade services. Should a user installed plugin fail or break your site additional fees will apply in order to fix any problems.
Artbiz does not provide user support on how to configure or use third party themes. Additional fees will apply for any work completed by Artbiz on your behalf for theme conflicts, code modifications or requested style changes. Change requests to the function or styles of Artbiz themes are also not included.
Additional fees will apply for configuration fixes or alterations for WordPress and plugin installations completed by others. This includes and is not limited to the following;
– moving WordPress to the root directory
– moving WordPress to a subdirectory
– changing your site URL from a host providers subdomain to a actual domain name
– 301 redirects of old site URL’s to the corresponding new site URL
– tasks that require database access and changes
1.2 Artbiz has developed website themes comprised of computer code which enables display of your visual portfolio content on the Internet. While the program and plug-ins are developed free of charge by the community the installation and configuration by Artbiz is not. The themes have been developed by Artbiz and leases them back to subscribers.
1.3 Artbiz will provide You access to your administration page which will require a username and password. A user name and password will be randomly chosen for you, which you can change in the settings once you login. Note: user names can not be changed.
1.4 Artbiz may at any time change, add, enhance, reduce or remove services or aspects of the Services. As Web Browser Technology changes and advances some features may become obsolete and new features may become possible.
1.5 Artbiz themes are supplied and installed as is. Adjusting the theme’s code to provide or remove features or items will require additional fees to be quoted based on scope of work.
1.6 You agree that this service is non-refundable, should You decide that You no longer wish to use it after purchasing it.
2.0 SUBSCRIBER CONTENT
2.1 It is your responsibly to insert your own text, Media and images. Artbiz provides online tutorials to aid in the building of your content and there is a help button on the editor. Artbiz.ca/school support is limited to the content of that site and the use of the tutorial content only.
If you are retaining Artbiz to insert your content for you additional fees apply and then the following procedures apply: You submit the image and text content specific to your portfolio to Us. Artbiz then converts your data to make it compatible with viewing on the Internet. Your text will be converted to HTML format and your images encoded as JPEG files. You supply your content and we insert it into our template and make it accessible to viewers over the Internet as a fully functioning Website.
2.2 The fees which you pay Artbiz are for the lease, if applicable, hosting space on a shared server. Your Site Payment licenses to you, on a term basis, for your use only, the computer code for the Artbiz website themes which when combined with your content forms a functioning Website. Fees for Services are subject to change at any time and are posted on the applicable area(s) of the Artbiz website (http://www.artbiz.ca)
2.3 You agree that all information You present and all Media You display in Your Web Site is Your own responsibility and that Artbiz is not responsible for it in any capacity, including but not limited to Media that infringes on copyrights, model rights or property owners’ rights. You further agree to compensate Artbiz for any and all legal, court and damages fees that Artbiz may have to pay as a result of displaying any Media that appears in Your Web Site.
2.4 You agree to not display any pornographic, liable or slanderous Media in your Web Site.
2.5 You agree to never send unsolicited email using our system or services. You also agree to respect any recipient’s request to not receive emails from You. Furthermore you agree that Artbiz can suspend Your email privileges or Website at anytime without compensation if Artbiz determines that You are abusing our email system or services.
2.6 It is Your responsibility to ensure that you make regular backups of your page and post content using the “export” feature in the Tools menu. Artbiz maintains full database backups of all WordPress Plus Plus sites.
3.0 DOMAIN NAME
3.1 You agree that any domain name purchased on Your behalf will remain the property of Artbiz until such a time that You request it to be transferred into Your name. Artbiz agrees to transfer the domain to Your ownership, at such a time, if Your account is in good standing. Furthermore, Artbiz reserves the right to choose the registrar whom will perform the transfer. Any additional charges occurred as a result of the transfer will be charged to You.
3.2 If Artbiz purchased your domain for You and if You fail to renew your account prior to it’s expiration and You do renew after Your subscription expired, You agree that You will pay $95.00 to remove Your domain from its “limbo” status with our domain registrar. This fee is charged to Artbiz from our registrar, so Artbiz needs to recover the costs associated with this.
4.1 You agree, that if You purchase a upgrade subscription or hosting, that You must make an annual payment to Artbiz. If You wish to stop using Artbiz’s service before the 12 month term is complete, no refunds are issued. You agree to notify Artbiz by email, if you wish to cancel your subscription or hosting early. You agree to pay to Artbiz any unpaid payments that You may have missed between Your last payment and the time of early cancellation. You agree that Artbiz has the right to collect any unpaid payments through Our choice of collection agency, should you fail to complete any payments or fail to pay the cancellation fee.
4.2 You agree to notify Artbiz of your intent to not renew your subscription by email no less than 14 days before Your subscription expires (Artbiz will send you renewal reminder notices by email 30 and 7 days before your subscription expires). If Artbiz purchased Your domain, and You fail to notify Artbiz as specified, You agree to pay Artbiz $18 to reimburse Artbiz for the charge Artbiz incurred to renew Your domain name.
4.3 If the payment in not forth coming and fails on 2 successive attempts your Upgrade Subscription and/or hosting will be canceled. If your Upgrade Subscription and/or hosting is Annual and your payment is more than 30 days past due, your Upgrade Subscription and/or hosting will be canceled.
4.4 Refund for the hosting portion of the total fee only will be provided should you request to close your account within 30 days of opening it. All setup feed are non-refundable.
5 .0 AGREEMENT
5.1 Artbiz has the right to alter this agreement at anytime so long as you have been notified within 1 day of doing so. You will continue to act under the old agreement for a period of 15 days. If You do not make objections to the new agreement in writing or by email within 15 days from the date of notification, Your silence will be an indication that you have accepted to act under the new agreement from that day on.
6.0 INTERRUPTION OF SERVICE.
6.1 Artbiz and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, Artbiz is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third party supplier failure).
6.2 Artbiz agrees to take all reasonable efforts to keep technical difficulties to a minimum, however You agree that Artbiz is not responsible for compensating You in any way for technical difficulties, errors or other problems that may result in Your Web Site being unavailable, off-line or seemingly dysfunctional.
7.0 WHAT YOU OWN
7.1 For any and all payments made to Artbiz, your ownership is solely limited to your content and the converted form of your content to a format compatible with viewing on the Internet. You own everything that is on your hosting account including your Artbiz theme.
8 .0 WHAT YOU DO NOT OWN.
8.1 Artbiz retains copyright of the themes computer code, graphic design, look-and-feel, website navigation elements, styling, interface graphics, buttons, framesets, and other intellectual property related to the appearance and operation of the Your website. Artbiz retains ownership of all trademarks related to Artbiz. Your website will function only so long as you pay the Hosting Fees in advance and your account has not been cancelled.
If you are unsure of your usage rights under this license agreement contact Artbiz.