Terms of Service
The term “Horizzons Web Design” or “we” or “us” refers to the owner of the website. The term “you” refers to the user or viewer of the website. The term “Resources” refers to the information, resources, services, products, and tools provided through the website.
The content of this website is for your general information and use only. It is subject to change without notice, including this agreement.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Client understands, agrees and acknowledges that Horizzons Web Design does not guarantee a time frame for completion of any project. This is in part because it is difficult to complete a project without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased.
Other factors that may influence the completion date of a project include, but are not limited to, complexity of Client’s project(s), availability of Horizzons Web Design personnel, accounting status of Client’s account, etc.
If Client does not respond to Horizzons Web Design communications and, as a result, Horizzons Web Design is not able to start or complete the project, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
After Horizzons Web Design building the website, Client may request up to 3 revisions of the website and indicate possible changes as long as those changes fit the principles agreed upon at the beginning of the project.
Client is responsible for testing the functionality of the website upon Horizzons Web Design’s request for approval, and notification that the project has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc.
The Client understands and agrees that if the Client does not respond within 5 business days to Horizzons Web Design’s request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Horizzons Web Design’s notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”.
The Client also understands and agrees that Horizzons Web Design´s do not cater for people using Microsoft Internet Explorer 10 or older and cannot predict the behavior of those browsers. We will not test old or abandoned browsers, for example Microsoft Internet Explorer 10 or older for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera.
Use of Client Information
Client herby gives permission to Horizzons Web Design to use samples or links to Client’s custom website designed by Horizzons Web Design for marketing and advertising purposes, including but not limited to, use in Horizzons Web Design’s online portfolio.
Contract Service Providers
Horizzons Web Design may contract with Contract Service Providers to complete a portion, or all of the Client’s custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Horizzons Web Design employee directly for services.
All payments for services rendered must be made directly to Horizzons Web Design. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s website and do not have access to Client’s personal information including payment information.
Disclaimer of Warranties
CLIENT’S USE OF HORIZZONS WEB DESIGN’S SERVICES IS AT CLIENT’S OWN RISK. HORIZZONS WEB DESIGN’S SERVICES ARE PROVIDED “AS IS”. HORIZZONS WEB DESIGN DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HORIZZONS WEB DESIGN DISCLAIMS ANY WARRANTIES REGARDING HORIZZONS WEB DESIGN’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. HORIZZONS WEB DESIGN DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HORIZZONS WEB DESIGN’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. HORIZZONS WEB DESIGN DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. HORIZZONS WEB DESIGN DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH HORIZZONS WEB DESIGN’S SERVICES, OR LINKS PROVIDED BY HORIZZONS WEB DESIGN’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY HORIZZONS WEB DESIGN OR OBTAINED THROUGH LINKS PROVIDED THROUGH HIT’S SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HORIZZONS WEB DESIGN’S SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT HORIZZONS WEB DESIGN, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HORIZZONS WEB DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE HIT’S SERVICES, RELIANCE ON HIT’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF HORIZZONS WEB DESIGN’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH HORIZZONS WEB DESIGN’S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO HORIZZONS WEB DESIGN’S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO HORIZZONS WEB DESIGN’S SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
Without limiting the foregoing, under no circumstance shall Horizzons Web Design be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Horizzons Web Design’s full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Horizzons Web Design.
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Horizzons Web Design. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Horizzons Web Design’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
If you have any questions about this Terms of Service, the practices of this site, or your dealings with this site, please contact us at:
This document was last updated on 01/07/2018.