Starfire Web Design Terms and Conditions for Website Design, Mobile App Purchases and all other services (paid and non-paid) Starfire Web Design offers.
These Terms and Conditions are found in every agreement our clients sign. There are three ways to obtain a copy of any terms and condition from any contract.
1. Definitions. “You” or “Advertiser” or “Client” means the individual or business entity listed above. “We,” “us”, “our”
and “Starfire” means Indellable Inc. DBA Starfire Web Design. “Account” shall mean all work which you have contracted
for us to complete for you. Your Account includes all contracts entered into between you and us.
2. Term. The initial term for all services in this Agreement is for 12 (twelve) months unless agreed to longer term which
will be noted in this Agreement. Unless cancelled in writing 30 days prior to its expiration, this Agreement will
automatically renew for an additional 12 months or the longer agreed upon term and continue in 12 month increments
or the longer agreed term increments thereafter until canceled; the most current Terms and Conditions will apply. To
view the most recent Terms and Conditions please visit https://starfirewebdesign.com/legal/terms-and-conditions.
3. Additions, Changes. You may add to or change services (at our discretion) via email request without signing another
agreement. However, this signed agreement will be in full effect to any and all changes. Any renewals, changes and or
additions will update your Terms and Conditions to the most recent version.
4. Charges & Billing. You agree to pay the monthly rates identified in this Agreement for the full Term. You also agree to
pay any one-time charges listed on this Agreement. All payments are final, there are no refunds or exchanges, ever.
5. Time Estimate. The time estimate given to complete your website (or other project) is only an estimate and may vary
depending on the complexity of the project and other projects in line before yours. The time estimate given begins the
day you submit the last of all the content we need to build the website or begin your project, not the date of the
execution of this Agreement. Again, this is only an estimate an is subject to change without notice to you.
6. Order. By signing this form, digitally or by hand signature, you authorize us to publish the Products listed in this
Agreement in the applicable digital platform. You authorize us to act as your agent in accessing and/or transferring any
current website or web hosting platforms and to make any authorized changes to that website content.
7. Our Branding. You agree that we will place our branded link on the website and that this branded link will remain on
the website for the life of the website. This branded link is our property and you understand and agree that even if the
website is hosted with or redesigned by another company, you may not alter or remove “Website Built and Managed by
Starfire Web Design” branded link for any reason. We derive much business from these links and changing or removing
this link can result in a large loss of business for us. As such, if any changes occur to this branded link you agree to pay
$500 per day for every day the link is altered and or missing.
8. Notices. All notices to Starfire must be sent via email to us at: support@starfirewebdesign.com and mailed to: Starfire
Web Design, 5552 S Fort Apache Rd #110, Las Vegas NV 89148. Following the execution of this Agreement, we have the
right to correspond with you via email, telephone, and any other means. You agree that telephone conversations
between you and us or our agents may be monitored and/or recorded (including recording oral Agreements).
9. Products/Publications/Distribution. If you have not paid for a website in full, we reserve the sole right to determine
(and may change at any time without notice to you) the design, content, size and appearance of, and the types of
Products offered in our Digital Platforms. We reserve the right to determine how, where, how many, when, and whether
they are published, distributed, reissued or displayed. We may reject all or any portion of the Products at any time and
for any reason (even if previously approved). If rejected, we will, as our sole obligation, refund any advance payments
for that Product. If we receive allegations of copyright or trademark infringement, we will remove the disputed content
immediately. No refund shall be given for any materials removed.
10. Client Content. This means content that you, or any person(s) with your company, supply to us, or ask us to use in
your Products. Client Content includes, without limitation, photos or other images, video footage, logos, text, and/or
artwork. Because you know your business better than we do, we place your Client Content and information on the website or product exactly as you provide it to us. We will be happy to make corrections to your Client Content, but the
same will be considered Additional Work as is defined hereinafter. You are solely responsible for the Client Content and will produce and deliver all Client Content in accordance with our then-current guidelines, procedures, technical
requirements, and deadlines. If you fail to comply, we may cancel or suspend your Products with no refunds. You grant
us a perpetual, royalty-free, sub-licensable, non-exclusive right and license to use, copy, record, modify, display,publish,
publicly perform, distribute (in any form or media), transmit by any means, and create derivative works from the Client
Content in, and for the marketing and sale of, our Products and services.
11. Our Rights in Advertising Content. If we create or supply any content for your Products or design your Products, the
content and the Products we create are our sole and exclusive property. We may supply such content to other Clients.
You agree that you have no right to use our content or the advertising developed with that content in other advertising
or materials in any other way, or to permit others to use the advertising or content without our written consent. If we
build you a website, we may use that website with other clients.
12. Client Representations. You represent and warrant (and acknowledge a continuing obligation to inform us if any such representation is no longer true) that: (i) you have the unrestricted right to use, and to grant the licenses you grant in this Agreement with respect to, all Client Content and that your licensing of Client Content to us will not infringe any third party copyright or trademark rights; (ii) you and your Products will comply with all applicable laws, orders, codes,
regulations and requirements (“Laws”), and you and any individuals listed in your Products have all required licenses to
provide the goods and services advertised in all jurisdictions where the Products appear; (iii) you have not made any
false or misleading claims in any Product; (iv) in the event you use third-party social media logos or other branding in your advertisement(s), you are and will remain a member in good standing of each social media platform represented
with logos and/or branding in your advertisement(s), in accordance with the rules and/or terms and conditions of such
platforms; (v) you will comply with our digital privacy policy and terms of use as applicable; (vi) you have not requested,
and will not use, the Products, or our digital platform for any unlawful purpose or business; (vii) you have not violated
any contractual or legal obligation by signing this Agreement and requesting us to publish any Product; and (viii) you are or represent the business related to the Products listed above (“Client Representations”).
13. Representations Regarding Client Content. As additional Client Representations, you represent and warrant that: i)
the Client Content was created by you or your employees and you have the unrestricted right and authority to use the
Client Content in any media or medium and in any Product, in the way it is used in such Product, media or medium and
to give us the rights granted in the Agreement, or the Client Content was created by a third party who has given you
written permission to use the Client Content in your Product, media or medium and to give us the rights granted in this
Agreement; and ii) if the Content includes the name or a photo or other image or likeness of a person or persons, you
have obtained from each such person (or from the parent or lawful guardian of any person who is under eighteen (18)
years of age) the unrestricted and perpetual right to use the name, photo or other image or likeness in the manner
contemplated by, and to grant us the rights under this Agreement. You acknowledge that each submission of Client
Content that you make to us or our affiliates, be it offline or online, is made subject to these representations. You agree
that we own the copyright in, and all copyrighted portions of, each Publications and Digital Platform. You agree not to
use or alter any trademark, trade name, trade dress or any name, picture or logo that is commonly identified with us or
our affiliates unless permission is granted by us in writing.
14. Website purchase. If you purchase a website (with or without financing), you are bound by the terms of this
Agreement and must fulfill all payment requirements in this Agreement. If all obligations are not met and your account is
not paid in full within 30 days from the first day of delinquency, (including all fees assessed to your account), all items
become our permanent property.
15. Website Hosting. You may change hosting providers at any time if have fulfilled all monetary obligations under this
Agreement including any other Agreements with Starfire, given 30 days’ written notice and all accounts and or services
have been paid in full for the full term of the agreement(s). The website shall transfer to you only after you have fulfilled
all of your obligations under this Agreement. Removal of the website from our servers before this Agreement has been
completed (in full) is considered theft and the website, domain and all other associated materials associated with your
account become our property and you hereby authorize the transfer of ownership of the domain(s) to us. Hosting fees
are subject to change without notice.
16. Shopping Carts. You are responsible to provide labeled pictures, SKU’s, shipping information and product
descriptions that match each product. If there are any errors in the files provided to us that need to be altered, such
items are deemed Additional Work as is defined hereinafter. If we are connecting your new website to an existing shopping cart, changes or add-ons made to that shopping cart (unless otherwise stated in this Agreement) are
considered Additional Work and treated as such.
17. Website Security / SSL Certificates. Website security includes SSL Certificates, WAF (Basic Web Application Firewall),
CDN, all countries blocked except US and 7 days rolling backups. We only install SSL certificates on websites we host. You
agree that even with an SSL certificate and website security, NOTHING is hack or Malware proof. Please contact the SSL
certificate issuer for more information on the SSL and Cloudflare about WAF and CDN.
18. Website Edits. This means changes to the content, pictures, colors, page titles, menu structure and other minor
changes to the website that can be done within the framework of the chosen theme. THIS DOES NOT INCLUDE CHANGES
TO THE THEME, WEBSITE STRUCTURE, THE LAYOUT OF THE WEBSITE OR ANY CUSTOM CODING UNLESS OTHERWISE
NOTED IN THE “details of website build” SECTION ABOVE on page 2. This Agreement includes two rounds of edits to your
website’s content (words, pictures, links and other provided material). We will begin building your website once you
have provided us with all necessary content. Once your website is built, we will send you a preview link. There will
almost always be some changes you would like made, so please take your time to review the whole website and make an
itemized list of all the changes you would like done. Please send all the requested edits in a single email (edits will not be
accepted by any other way). After we have made requested changes, we will send you a final preview link to view the
website. Please take the time to go over every single part of the website then email us back with any final edits that you
would like to be made. If something is missed in the two rounds of edits, all further work will be considered Additional
Work and treated as such. Again, edits DO NOT include custom coding. The moment the website is made live, this signals
the completion of our work and no additional work is included in this cost of this Agreement thereafter.
19. Additional Work. If you request that we conduct any work that is required by this Agreement, the same is considered
Additional Work. Further, any changes to your Product after you approve your Product and or the website is made live,
this is considered additional work. You authorize us to charge you $200 per hour (or current hourly rate) for any and all
Additional Work, with a minimum billing of one hour. All our services bill in one hour increments.
20. Acceptance of Work. You agree to review the Products and to notify us in writing of any errors no later than 24 hours
after the final Product notification is delivered. If you do not notify us of errors, you accept our Product as completed
without error and waive any right you may have to later claim that we need to fix any errors without additional charge.
21. Limitation of Liability. To the fullest extent permitted by law, our total liability, in the aggregate, for Starfire, its
officers, directors, owners, partners, employees, agents, and Starfire’s consultants for any work performed pursuant to
this Agreement, and anyone claiming by, through, or under this Agreement for any claims, losses, costs, or damages
whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes,
including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of
warranty, or torts, shall not exceed the total compensation received by Starfire or $3,000, whichever is greater. You
agree that we are not liable for consequential damages, punitive damages, incidental damages, or damages for harm to
business, lost revenues, profits, or goodwill, or any other special damages, whether the claim is based on negligence,
breach of contract or express or implied warranty, strict liability, misrepresentation, statute, tort or any other theory of
recovery, even if you or we knew such damages could or may result. We disclaim any obligations, representations, or
warranties, whether express or implied, that are not expressly set forth in this Agreement including any warranty of
merchantability or fitness for a particular purpose. We do not make representations, including estimates, not contained
in the Agreement, including without limitation the number of responses to your Products, the number of persons who
will view your Products, or any other business benefit. The limitations in this section shall apply notwithstanding any
failure of essential purpose under this Agreement. We are not liable to you for any deviation from or change in our
policies, practices, and procedures, including without limitation those regarding the placement, position or location of
Products, headings or categories.
22. Indemnification. You agree to defend, indemnify and hold us and our agents, representatives, employees, officers,
directors, owners, partners, agents, and Starfire’s consultants and affiliates harmless from any liability or costs, including
attorney fees and expenses, resulting from: i) any breach of a Client Representative; ii) your failure to comply with all
Laws; iii) any act, omission or fault of you or your employees, agents or contractors in connection with the Products; iv)
any claim that the Client Content or other information provided by you violates any applicable law or infringes on any third party patent, copyright, trademark, trade secret or other intellectual property or proprietary right; v) any
communication through your Products or your collection or use of any information obtained through your Products or
our digital platform; vi) any breach of any applicable export control laws; and vii) any transactions initiated through your
Products and any payment processing services. You will continue to be obligated by this Section even after the
termination of this Agreement.
23. Personal Guarantor. The individual signing this Agreement personally guarantees payments of all obligations
contained herein to Starfire Web Design. This means you are personally liable to ensure all payments are made infull.
24. Abandonment. Should a website (or any other digital product(s)) appear abandoned (no payments or
communication for 30 days), we will delete all items associated with your account. If delinquent in payment, you will
have 30 days from the first date of delinquency to make your account current. If the account is not brought current
including all associated fees, by the 30th day, all digital products can and will be permanently deleted.
25. Payment. Payment is due in full when signing this Agreement. If only partial a payment is made, the balance is due
within 30 days from the date on this agreement, no exceptions. Your account is considered past due the first day your
account is delinquent. Once your account is delinquent, we will at our election, without further notice to you: (i) require
that the entire balance of all obligations under this Agreement (including all future payments) plus any interest accrued
thereon shall be immediately due and payable to; (ii) suspend or terminate any Digital Product and/or services; (iii)
assess late fees; (iv) send your account to collections; (v) report delinquency to the major credit agencies for both your
business and personal credit; (vi) recover all collection costs and attorney fees; (vii) pursue any other available legal or
equitable remedies allowed hereinafter; (viii) delete your digital products permanently; (viiii) charge your credit card on
file for the full remaining balance of this Agreement including all fees associated with your account; (x) begin a 30th day
countdown for all payments to be made in full (including all fees associated with all products on your account) before all
assets associated with your account will be permanently deleted. You hereby acknowledge that the same is authorized.
You further agree that you are not entitled to any refunds or exchanges of any kind and further. You also agree to not
chargeback your credit card or block a check for any charges. If a chargeback(s) occurs, the same will be reported to the
authorities and the chargeback amount plus all collection fees, attorney fees and past due fees will be added onto the
account total.
26. Delinquency. Upon any delinquency (weekly, monthly or annual), the Client Content, website, domain(s) and all
material and content associated with your account become the property of Starfire Web Design until your account, plus
all associated fees, is paid in full within 30 days from the first day of delinquency. You agree to pay all charges in full by
the due date. You also agree that you may not withhold any payment for any reason. All delinquent accounts shall
accrue interest at the rate of twelve percent (12%) per annum until paid in full.
27. Miscellaneous. This Agreement is binding on and for the benefit of you and your successor(s). We may assign this
Agreement. You may not assign any of your rights or delegate any of your duties under this Agreement. Except as
otherwise set forth in this neither party will be liable for any damages arising from acts of God or events outside of that
party’s reasonable control.
a. Governing Law. The laws of the State of Nevada applicable to contracts made in that State, without giving effect to its
conflict of law rules, shall exclusively govern the validity, construction, performance and effect of this Agreement.
b. Invalidity. If any term, provision, covenant, or condition of this Agreement, or any application thereof, should be held
by a tribunal to be invalid, void, or unenforceable, that provision shall be deemed severable and all provisions,
covenants, and conditions of this Agreement, and all applications thereof not held invalid, void, or unenforceable, shall
continue in full force and effect and shall in no way be affected, impaired or invalidated thereby.
c. Entire Agreement. This Agreement, including any items identified on this Agreement, constitutes the entire
Agreement between you and us and supersedes all prior Agreements and representations, whether express or implied,
written or oral, with respect to the Products. In the event of a conflict between the terms of this Agreement and any
applicable additional terms, the terms of this Agreement shall prevail.
d. Attorney Fees. If any action or proceeding is instituted to interpret or enforce the terms and provisions of this
Agreement, the prevailing party shall be entitled to its costs and attorney fees, in addition to any other relief it may
obtain or be entitled to.
e. Waivers. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any
other provision, whether or not similar, nor shall any waiver constitute a continuing waiver, and no waiver shall be
binding unless evidenced by an instrument in writing and executed by the party making the waiver.
f. Negotiated Agreement. This is a negotiated agreement. All parties have participated in its preparation through their
respective counsel. All Parties are therefore deemed to be its author. In the event of any dispute regarding the
interpretation of this Agreement, it shall not be construed for or against any party based upon the grounds that the
Agreement was prepared by any one of the parties. You are advised to seek the competent legal counsel before
executing this Agreement.
g. Counterparts. This Agreement may be executed in multiple counterparts, which together shall constitute one and the
same document. Facsimile copies shall have the same force and effect and original copies. Execution of this Agreement,
given electronically, will have the same legal effect as if this Agreement had been personally signed in writing by you.
Our imaged copy of this Agreement will be deemed a duplicate original for evidentiary purposes.
h. Review/Understanding of Agreement. EACH PERSON WHO SIGNS THIS AGREEMENT REPRESENTS AND WARRANTS
THAT HE OR SHE: HAS CAREFULLY READ AND FULLY UNDERSTANDS THIS AGREEMENT AND ITS FINAL AND BINDING
EFFECT; HAS BEEN AFFORDED SUFFICIENT TIME AND OPPORTUNITY TO REVIEW THIS AGREEMENT WITH ADVISORS OR
ATTORNEYS OF HIS OR HER CHOICE; HAS HAD AN OPPORTUNITY TO NEGOTIATE WITH REGARD TO THE TERMS OF THIS
AGREEMENT; IS FULLY COMPETENT TO MANAGE HIS OR HER OWN BUSINESS AFFAIRS AND TO ENTER INTO OR SIGN
THIS AGREEMENT; HAS SIGNED THIS AGREEMENT KNOWINGLY, FREELY AND VOLUNTARILY; AND THAT THE ONLY
PROMISES MADE TO INDUCE HIM OR HER TO SIGN THIS AGREEMENT AND RELEASE ARE THOSE STATED HEREIN.
28. Agreement to Mediate and Arbitrate All Disputes.
a. Definition of Dispute. A Dispute, as used hereinafter, shall mean any and all disagreements, controversies, or claims of
any sort which arise from or relate to this contract or the breach thereof, including any claims based in tort, as well as
any and all requests for emergency, injunctive, or equitable relief (a “Dispute”).
b. Mediation. Unless seeking emergency, injunctive, or equitable relief, if any Dispute arises, and if the Dispute cannot
be settled through direct discussions, the parties agree to endeavor first to settle the Dispute by mediation administered
by the American Arbitration Association under its then-current Commercial Mediation Procedures before resorting to
arbitration. Any mediation shall be held within 45 calendar days of the request for mediation made in accordance with
requirements of the Commercial Mediation Procedures, before a mediator selected pursuant thereto. The mediation
shall be held in Las Vegas, Nevada.
c. Cost of Mediation and Consequences of Failure to Comply. The parties to any Dispute shall equally share the cost of
the mediation, including administrative costs and mediator fees. Should a party refuse to pay its share of the costs of
mediation, that party shall be in default of this agreement, and the Dispute may proceed directly to arbitration without
mediation. Any costs or fees, including attorney fees, incurred by the non-defaulting party in pursuing mediation may be
sought as damages in arbitration.
d. Arbitration. The parties further agree that any Dispute that is not resolved through mediation shall be settled by
arbitration administered by the American Arbitration Association in accordance with its then-current Commercial
Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. Nevada Revised Statute 597.995 requires specific authorization and an affirmative agreement to have Disputes
heard by arbitration. By signing below, I therefore declare and acknowledge on the date of execution of this Agreement
that I and any company on whose behalf I am signing, do affirmatively agree to and give this specific authorization to
submit to arbitration any Dispute arising between the parties to this Agreement, subject to this Paragraph 27, and that I
am bound to the same, desire to have any Dispute decided by arbitration, and agree that this arbitration agreement is
effective and binding against me/it.
e. Appointment of Arbitrator. The Dispute shall be heard by a single arbitrator. The Arbitrator, and not any court, shall
have the sole authority to decide the Dispute, as well as to determine arbitrarily of any Dispute. The arbitrator shall be
an AV-Rated attorney with at least 20 years’ experience in business litigation.
f. Qualifications of Counsel. The Parties must be represented by counsel who are licensed to practice law in the state of
Nevada.
g. Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence,
content, or results of any arbitration hereunder without the prior written consent of all parties to the Dispute.
h. Payment of Arbitrator Fees, Administrative Fees, and Attorney Fees and Costs. The parties shall bear administrative
fees and arbitrator costs in accordance with Commercial Arbitration Rules. The parties agree that failure or refusal of a
party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a
waiver by that party to present any evidence or cross-examine witnesses. In such event, the other party shall be
required to present evidence and legal argument as the arbitrator may require for the making of an award. In the event
of such a waiver, the non-breaching party shall, at its election, be allowed to submit its evidence by written submission.
Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as
provided for above.
i. Location of Arbitration. The arbitration shall be held in Las Vegas, Nevada.
j. Time of Final Arbitration Hearing. The final arbitration hearing for any matter where the amount in controversy is less
than $100,000 shall be held no later than 8 months from the date of the arbitration demand. For matters where the
amount in controversy exceeds $100,000, the final arbitration hearing shall be held at a date and time that is
proportional to the claims. Except as otherwise noted hereinafter, hearings will take place pursuant to the standard
procedures of the Commercial Arbitration Rules that contemplate in-person hearings.
k. Mandatory Exchange of Information. In all matters, regardless of amount in controversy, the parties shall exchange
the following information within 20 days of the appointment of the Arbitrator(s) without further order form the
Arbitrator: (i). The parties shall exchange the name and, if known, the address and telephone number of each individual likely to have information regarding any matter not privileged which is relevant to the subject matter involved in this
Dispute, regardless of whether it relates to the claim or defense of the party or that of another party to the Dispute.The
disclosure shall include any witness anticipated for impeachment or rebuttal. The identifying party shall identify the
subject(s) on which the witness will provide testimony (ii). The parties shall also disclose and provide a copy of all
documents, data compilations, and tangible things that are in the possession, custody, or control of the party regarding
any matter not privileged which is relevant to the subject matter involved in this Dispute, regardless of whether it
relates to the claim or defense of the party or that of another party to the Dispute. (iii). The Arbitrator may entertain a
request to compel the exchange of Information not provided by a party in possession of the same.
l. Emergency and Equitable Relief. The parties agree that any and all equitable relief, including requests for injunctive or
other emergency relief, shall be heard exclusively by the Arbitrator and not by a court. All such requests shall be heard in
accordance with the then-current Commercial Arbitration Rules.
m. Discovery. The parties desire to conduct discovery proportional to the Dispute. If the claim in arbitration is for
emergency, injunctive, or equitable relief only (no damages are claimed), then any and all discovery allowed pursuant to
the then-current Federal Rules of Civil Procedure shall be allowed. If the Amount in Controversy (defined herein as the
claim amount, including any counterclaims, but exclusive of interest, attorney fees and arbitration costs) is between
$1,000 and $100,000, discovery shall consist of no more than three depositions per party, with each not to exceed 7
hours in length. If the amount in controversy exceeds $100,000, any and all discovery allowed pursuant to the then
current Federal Rules of Civil Procedure shall be allowed.
n. Timing and Type of Award. The arbitrator(s) shall agree to comply with this schedule before accepting appointment.
However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the
parties. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing
party’s actual damages, except as may be required by statute. The award of the arbitrators shall be accompanied by a
reasoned opinion. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their
costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the mediation and arbitration, including mediator and arbitrator fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and
telephone, witness fees, and attorney fees.
29. Client Files. We will provide a link to our Google Drive account so you may upload any documents we need to build
your campaign and or website. Please understand the Google Drive account is our property and after uploading
documents to this account you agree to not delete, change, edit, move, remove, rename, destroy or otherwise alter
these files in any way. The result of tampering with these files after uploading them to our account them is strictly
prohibited and is considered theft and or destruction of property. In such event, we may immediately terminate this
agreement and demand payment in full including all fees associated with your account and said monies will become due
immediately. You will also be held liable for this act.
30. Mobile App Development: If we build you a mobile app, your app will not be hosted with us and is hosted on Apple
servers and or Google Servers. The moment your app is made live, that marks the completion of our work. It is your
responsibility to review the app and it’s functionality to ensure it is working correctly. The moment you request your
app is made live, you accept the work on the app as 100% completed and working correctly.
31. Themed Website. If you have chosen a theme (template) for your website, we will only build within the framework
of the theme you have chosen. This means THERE WILL BE NO CUSTOMIZATIONS (custom coding) TO THE WEBSITE. You
can make requests to change many parts of the website within the constraints of the theme, however, if the theme does
not support the requested changes to be made within the theme’s provided framework we will have to write custom
code. This is considered Additional Work and is billed at an additional rate of $200 per hour for this portion of work and
is NOT included in this purchase in this agreement unless otherwise noted in the “details of website build” on page 2
section above. Each theme is different, so we will not know what can be performed within the chosen theme’s provided
framework until we begin the website build.
32. Custom Website. A custom website is defined as any website that is built in which we must write any custom code to
achieve the desired result. This applies to both themed and non-themed websites. There will be no custom code written
for your website unless it is noted in the “details of website build” on page 2 of this agreement. If any custom coding
needs to be written, the cost of custom coding is not a covered under this agreement unless noted in the details of this
agreement on page 2 and is billed at $200 per hour in one-hour increments in addition to the purchase price.
33. Website Security. Website Security service is like anti-virus, Firewall and anti-hacker software and is a part of
website hosting with us, but not a part of building a website. This is a separate service and website hosting must be
purchased in this agreement or your website will not be secure. As such, Starfire is not responsible or liable if your
website is compromised in any way. This means if your website crashes, is hacked, infected with any type of virus or
even falls off the face of the planet, we are not responsible and cannot be held liable.
34. Website Backup. Website Backup service is like insurance and is a part of website hosting with us, This service is
included with website hosting. However, if your website is not hosted with us, it will not be backed up and Starfire is not
responsible or liable if your website is compromised in any way. This means if your website crashes, is hacked, infected
with any type of virus or even falls off the face of the planet, we are not responsible and cannot be held liable.
35. Website Purchases. Any purchase made on our website is binding to these Terms and Conditions. If you
purchase any type of recurring product (including, but not limited to website maintenance or website hosting)
these are all 12 month Agreements and as with all our products are binding to the conditions above.
36. Google Submission. To find the website on a search engine, the website must be submitted to those search engines.
Unless paid for separately in this Agreement, Submission to search engines is not included.
37. Amendments. No amendments are allowed to this Agreement in any way (including oral or email) except where
otherwise noted in the Terms and Conditions in this Agreement, NO EXCEPTIONS.
38. Use of Our Mobile App. The use of our app is free. However, there are additional services you can purchase. As such,
all purchases are 100% binding to this Agreement; no exceptions.
39. Appointment Cancellations: There are no refunds or exchanges on appointments, no exceptions.
40. Current Terms and Conditions apply. To review the most current Terms and Condition, please visit
https://starfirewebdesign.com/legal/terms-and-conditions/ or you may request them in writing by
emailing support@starfirewebdesign.com to obtain a copy.
Starfire Web Design │ StarfireWebDesign.com │ 5552 S Ft Apache Rd #110 Las Vegas, NV 89148 │ (702) 800-4447 – pg. 10
Additional Comments
Plugin’s and possibly the labor (depending on complexity of installation) to install any plugins may be an additional cost
and not part of this Agreement unless stated the cost is included in the Build Details on page 2. Even if plugin(s) are
mentioned in this Agreement, this mention is only used as a guide to assist in building the website; the cost will be
additional.
Mobile App Purchase: If you are purchasing a mobile app, you understand the cost of making the app live is not
Included in this Agreement. Making the app live requires an annual payment to Google and or Apple. They each
require an annual fee and the rates will vary. To find out how much it costs, please visit Apple Developer and Google Play
Store Developer.
We’re a small business and credit card fees really hurt us, so unfortunately there will be a 4% fee
added to total amount for all transactions made with a credit or debit card. Thank you forunderstanding.
Declined, blocked, late Payments and Refunds
If any credit card or debit card payment(s) results in a decline, there will be a $50 fee for every declined transaction plus
a $50 administrative fee. If a check is returned, there will be a $50 returned check fee plus a $50 administrative fee. In
addition, a $10 fee will be added for every day your payment is late. You also agree to not block Starfire from billing your
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