Payment

Payment Terms

Your payment shall be due upon receipt, and paid in full within thirty (30) days of the date of each invoice. If you have any reason for disputing an invoice, you will notify us in writing within seven (7) calendar days of receiving the invoice. If you do not provide such notice, the invoice will be considered valid and accepted by you. Interest will accrue on all amounts thirty days past due at the rate of 1.5% per month and in some cases, may result in interrupted service.

Payment for Domain Registration/Renewal

Domains renew each year on their anniversary date. Payment in full is required for domain renewal 30 days prior to that anniversary date. Failure to pay will result in a lapse in renewal and the following:

  • Possible domain ownership transfer
  • Additional fees for re-purchasing domain
  • Re-purchasing rates are not set by Cedar Creek Web Design, LLC but are sold at fair market value

Payment for Web Hosting

Web hosting renews each year on its anniversary date. Payment in full is required for web hosting 30 days prior to that anniversary date. Failure to pay will result in a lapse in renewal and the following:

  • Website and Email suspension
  • Additional fees of Website and Email reinstatement of $500, plus outstanding invoice balance
  • If outstanding invoice is in excess of 90 days without payment and/or contact of Cedar Creek Web Design, LLC for payment arrangements, Website and Email may be removed from Cedar Creek Web Design, LLC web hosting servers without option for recovery.

Payment for Projects

If payment is in reference to a deposit on a new project, receipt of payment is required to place your project in queue.

For projects/updates under $1200, full payment is required to place your project in queue.

Payment Arrangements

If payment arrangements need to be made, please contact us at billing@cedarcreekwebdesign.com or by phone at (608) 237-1990.

Early Termination and Refunds

Refunds

With all projects, we strive to meet customer’s expectations and produce exceptional products for our clients. There is a non-refundable deposit required to put any project in queue. There are some circumstances where full refund will be applicable:

  1. If you terminate the project before we start working on it.
  2. If we terminate the project before we start working on it.

However there are some cases, in which we can not process the refund:

  1. If the project is in any part of the design or development process and you want to terminate the services. A partial refund can happen based on discussions.
  2. If files are already on your server or any server you have requested us to place files.
  3. Project has been completed based on specifications and/or has been delivered.

Early Termination for Retainer-based Contracts

Cedar Creek Web Design, LLC understands that in certain situations, an agreement may need to be terminated earlier than the original agreed upon end date. Either party may terminate an agreement early by submitting a request in writing to the other party at least two months prior to requested end date. All project work and amounts due will continue through that time.

Liability Against Defects

Cedar Creek Web Design, LLC is not liable for damage caused to hardware or software resulting from the use of the products produced which may include HTML and PHP files, PDF files, images, and scripts. Cedar Creek Web Design, LLC is not responsible for files lost due to server malfunctions. In no event shall Cedar Creek Web Design, LLC be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. Cedar Creek Web Design, LLC does not warrant the software used is free of errors or bugs.

Policy Against Explicit Conduct and Content

We expect our users not to use any inappropriate conduct or language including vulgar, racist, sexist, hateful or offensive gestures or comments while they are using the website.  Postings that violate the content policy including distributing or promoting elements of pornography, terrorism, crime, hatred or is criminally offensive in any form will be removed and users posting such content will be disallowed from use of this website. The right to determine what is considered inappropriate is reserved for Cedar Creek Web Design.

Digital Millennium Copyright Act (DMCA)

Digital Millennium Copyright Act (DMCA) Policy Section 512 of the Copyright Law of the United States (17 USC §512; available online at http://www.copyright.gov/title17/512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider’s website.

Cedar Creek Web Design, LLC (hereinafter Cedar Creek) is a “service provider” within the meaning of Section 512 and we have designated an agent to receive notification of alleged copyright infringement.

Our agent

Cedar Creek’s designated agent to receive notification of alleged copyright infringement is Heather R. Biederman.
By mail:
Cedar Creek Web Design, LLC.
Attn: Heather R. Biederman
202 E Garfield St
Mount Horeb, WI 53572
By phone: 608-237-1990
By e-mail: support@cedarcreekwebdesign.com

How to report a claim of infringement

If you believe that a Cedar Creek hosting client (hereinafter a Subscriber) has posted material that infringes your copyright, you must submit a written claim to our designated agent. Section 512 (c)(3)(A) requires that in addition to being written and addressed to our agent, your claim of copyright infringement must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Cedar Creek is not required to respond to notices that do not meet the requirements of Section 512 (c)(3)(A).

When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent’s investigation of your claim.

Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) Cedar Creek will undertake to have the disputed material removed from public view, in accordance with Section 512 (g). We will also notify the Subscriber who posted the allegedly infringing material that we have removed or disabled access to that material. Cedar Creek, as a service provider, has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false.

In the event that Cedar Creek must remove, or disable access to, material on your site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that Cedar Creek may do so by disabling access to your entire web site.

Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution for perjury. Cedar Creek will actively refer complainants who use the DMCA for improper purposes to relevant law enforcementagencies.

How to make a counter notification

If you are a Subscriber and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified above) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Cedar Creek is not required to respond to counter notifications that do not meet the requirements of Section 512 (g)(3).

Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, Cedar Creek is
allowed under the provisions of Section 512 to restore the removed material in not less than ten nor more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.

It is Cedar Creek’s policy to terminate Subscribers who are found to be repeat infringers. Cedar Creek accommodates and does not interfere with “standard technical measures,” as that term is defined in Section 512(i)(2).