Terms & Conditions
1. IMPORTANT INFORMATION
You should carefully read the following terms and conditions. Your purchase or use of our products and services implies that you have read and accepted these terms and conditions.
2. ACCOUNT SETUP
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
3. LICENSE
Our website grants you a nonexclusive limited license to use the web templates and other products sold through our web site by independent content providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
- LIMITED USAGE GRANTED You may only use each individual product on a single website, belonging to either you or your client. You have to purchase same template once more in order to make another project with the same design.
- MODIFICATIONS You are authorized to make any necessary modification(s) to our products to fit your purposes.
- UNAUTHORIZED USE You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
- ASSIGNABILITY You may not sub-license, assign, or transfer this license to anyone else without prior written consent.
- OWNERSHIP You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers.
- NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Content (including your username and password), use of the Content, or access to the Content on this website.
Meeka Designs shall not be responsible for any damages your business may suffer. Our products and services are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Meeka Designs and its employees.
4. DESIGN & REVISIONS
If you place a custom order with Meeka Designs, we will create a design based on the responses in your questionnaire and any graphics, photos, images and logos you send us to implement into the design. Meeka Designs will offer one (1) free set of revisions to your design.
“Revisions” consist of changes to anything regarding the color scheme, wording, text size & style and placement of your photos and/or imagery & graphics. Anything outside this scope of revisions is subject to individual review and will be charged at an hourly rate depending on the complexity of the requested revisions.
5. PAYMENT INFORMATION
You agree to supply appropriate payment for the services received from Meeka Designs, in advance of the time period during which such services are provided. You agree that until and unless you notify Meeka Designs of your desire to cancel any or all services received, those services will be billed on a recurring basis. Services are billed at the beginning of your service cycle. For example, if you pay the monthly fee on the 1st of February, you are paying for services for the entire month of February.
Cancellations must be done in writing via e-mail by logging into the client area and filling out the appropriate form. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Meeka Designs, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Meeka Designs provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision, please contact us.
Meeka Designs reserves the right to change the monthly payment amount and any other charges at anytime.
5B. FEE STRUCTURE
Setup / Administration Fee: Meeka Designs charges an initial setup / administration fee that covers labor costs for installation, configuration, customization, design modification, account setup and client communication.
Monthly Service Fee: Meeka Designs charges a monthly service fee that covers domain registration costs, website hosting costs, e-mail management costs, technical support services and on-going enhancements and modifications to the Meeka Designs platform.
Hourly Rate: Meeka Designs charges an hourly rate for any customized services not provided within our standard package. This includes any changes or modifications to your website above and beyond the amount of free revisions and changes we currently provide.
6. TAXES
You are responsible for paying any governmental taxes imposed on your use of Meeka Designs.com, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Meeka Designs the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Meeka Designs is obligated to collect such taxes, the applicable tax will be added to your billing account.
7. CONTENT
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our third-party servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.
Meeka Designs takes no responsibility for any content located in your website and Meeka Designs has no obligation to monitor such content or your website.
8. DOMAIN REGISTRATION & TRANSFERS
For the life of your contract with Meeka Designs, you will not be charged any domain registration fees as they are included in your monthly service fee. The free domain registration fee only applies to new domains registered through Meeka Designs during initial signup. If you already own a domain name, you will be responsible for paying for the domain registration fees on your own.
If you already own your domain prior to signing up with Meeka Designs, we will make every effort to help you point your domain name to our servers and your new website hosted on our servers. Helping you change your domain DNS information is provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer.
Meeka Designs uses a third-party to register customer domains at the ICANN accredited registrar Enom Inc. Therefore, all domains registered through Meeka Designs are a subject of the Domain Registration Agreement of Enom Inc. If you register domain(s) with Meeka Designs, or transfer an existing domain registration, you must be acquainted with the Registration Agreement of Enom Inc.: http://www.enom.com/terms/agreement.asp. By registering/transfering a domain at Meeka Designs, you confirm that you have read and you agree with the Registration Agreement of Enom Inc.
9. ZERO TOLERANCE SPAM POLICY
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Meeka Designs reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Meeka Designs.
10. BACKUPS AND DATA LOSS
Your use of the service is at your sole risk. Meeka Designs is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Meeka Designs servers.
11. BANDWIDTH USAGE
You are allocated a monthly bandwidth allowance. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
12. OUR CANCELLATION & REFUND POLICY
Since our company is offering non-tangible irrevocable goods we do not issue refunds after the product or service is purchased, which you are responsible for understanding upon purchasing any product or service from Meeka Designs. You may cancel your account at anytime. If you cancel in the middle of the month you will not be charged for the next month. Meeka Designs reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. There are no refunds on setup / administration fees, installation fees for custom software, domain name purchases or any custom work billed beyond the original package. If you cancel your account and want to retain ownership of your domain, you will be required to seek out a domain name registrar and transfer your domain registration information to them. You will be responsible for paying the fees associated with the upkeep of your domain through a third party.
13. ANTIFRAUD CHECK
Customer purchase can be suspended for manual antifraud check for 10-20 minutes as well as it can be suspended for longer term (around 20 hours) for more serious investigation. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.
14. RIGHT TO DISPLAY WORK FOR BUSINESS PURPOSES.
Meeka Designs reserves the right to include within your website applicable Meeka Designs copyright and trademark notices. Meeka Designs retains personal, non-assignable, non-transferrable rights to use the completed project and any preliminary designs for any design competitions, future publications on design, educational purposes, and the marketing of Meeka Designs. Meeka Designs is authorized to use the Client’s name on Meeka Designs’ client listing found on its website, press releases or marketing material as well as in any future discussion in which Meeka Designs attempts to secure other business.
15. INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Meeka Designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Meeka Designs, its agents, its customers, officers and employees, that may arise or result from any product, 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 Meeka Designs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Meeka Designs; (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 Meeka Designs’ server.
16. LINKS
MeekaDesigns.com may provide, or third parties may provide, links to other websites or resources. Because MeekaDesigns.com has no control over such sites and resources, you acknowledge and agree that MeekaDesigns.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MeekaDesigns.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. DISCLOSURE TO LAW ENFORCEMENT
Meeka Designs may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
18. GOVERNING LAW AND JURISDICTION
This website is controlled and operated by MeekaDesigns.com from its offices within the United States. Any claim relating to, and the use of, this website are governed by the laws of the State of California, United States of America. By using this website, you consent to personal jurisdiction in the federal and state courts of San Diego County, California, for any action arising out of or relating to this web site or your use of this website.
Our company reserves the right to change or modify these terms with no prior notice. You may contact Meeka Designs by using the Contact Us form.