Terms of Service

The use of this site and services supplied by ShrinkWrap, LLC is governed by the policies, terms and conditions set forth below. Please read them carefully. The term “ShrinkWrap, LLC” or “us” or “we” or “our” refers to ShrinkWrap, LLC, the owner of this Web site. Your use of this site indicates your acceptance of these terms and conditions. Your acceptance of a proposal, estimate or contract from ShrinkWrap, LLC indicates your acceptance of these terms and conditions. ShrinkWrap, LLC, reserves the right to make changes to this site and these terms and conditions at any time.

A. Copyright and Trademark Notice

This site is owned and operated by ShrinkWrap, LLC. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of ShrinkWrap, LLC, Copyright © 2011, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reviewing or ordering our services and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without ShrinkWrap, LLC’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

All custom graphics, icons, logos and service names are trademarks or service marks of ShrinkWrap, LLC. All other trademarks or service marks are property of their respective owners. The use of any ShrinkWrap, LLC trademarks or service marks without our express written consent is strictly prohibited.

B. Disclaimer and Limitation of Liability as to ShrinkWrap, LLC.com

The ShrinkWrap, LLC Web site and the materials therein are provided “as is”. ShrinkWrap, LLC makes no representations or warranties, either express or implied, of any kind with respect to the ShrinkWrap, LLC Web site, their operations, contents, information or materials. ShrinkWrap, LLC expressly disclaims all warranties, express or implied, of any kind with respect to the Web site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that ShrinkWrap, LLC, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the ShrinkWrap, LLC Web site or it’s products or services. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

C. Typographical Errors

In the event a service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, ShrinkWrap, LLC shall have the right to refuse or cancel any orders placed for a service listed at the incorrect price.

D. Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that ShrinkWrap, LLC is not responsible for the operation of or content located on or through any such site. No link should ask you for any personal information unless it is a secured page.

E. Refusal of service

We reserve the right to refuse service to anyone we view as a potential risk of violating or failing to follow our Terms of Service as outlined on this page and in our estimates, proposals or contracts.

F. Billing Policy

The following constitutes our Billing Policy and applies to ALL of our customers. Please review the following terms carefully. If you do not agree to these terms, you should not use this site or request a proposal or consultation. The term “ShrinkWrap, LLC” or “us” or “we” or “our” refers to ShrinkWrap, LLC, the owner of this Web site. The term “you” refers to the user, the customer or viewer of our Web Site. The term “plan” refers to any product, service or item billed on a one time or reoccurring interval. Any questions or comments regarding this document should be forwarded to the Company at the following email address: info@myShrinkWrap.com.

Payments All prices shown are in US currency. Payments to us are to be made in US currency and must be drawn from a US bank.

We accept the following types of payment:

• Check or Money Order

• Credit Card (VISA, MasterCard, American Express, Discover)

• (an additional 3% fee applies)

• PayPal (an additional 3% fee applies)

 

All payments are due on the invoice date. You are responsible for notifying us, of any changes to your billing information (including, but not limited to e-mail address, billing address or phone number).

Customers are to make payment of their balance due within fifteen (15) days of the invoice date.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.

Billing Intervals

Hosting and Web Services We offer two billing intervals for hosting charges: quarterly (3 months), and yearly (12 months). The billing interval begins on the activation date. The initial cost of all additional features added to an account are charged immediately. Future billing will coincide with your established billing interval. Any additional items, services and their related setup fees are non-refundable.

Programming, Design and Print Programming, design and print work are billed invoiced and due half upfront upon execution of our contract and invoiced and due the final half at final delivery of live website as they are completed and unless otherwise noted or agreed upon in written form are due within thirty (30) days of invoice date. If needed quantified work can be scheduled on reoccurring basis and have established billing interval. This must be negotiated initially and be agreed to in writing on your proposal or estimate.

Disputes If you have any disputes on an invoice they must be brought to our attention within the terms of the invoice. No disputes will be accepted or acknowledged outside of the invoice terms.

Account Renewals In order to insure uninterrupted service to your website and related services, all plans will automatically renew at the end of the plan’s billing interval. Plan renewal charges are based on the current rate on the date of renewal according to the service selected. Plans are renewed for the same billing interval. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Important Notice In the event you need to cancel, please specify whether you would like to cancel your domain name only, your Web hosting plan only, your SEO monthly program only, or any additional features or services or any combination of the above only or in any combinationor both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify us that you would like to cancel your account.

Statements ALL invoices and statements are mailed and emailed. You are required to keep a valid physical mailing address at all times. PO Boxes will not be accepted.

Fees

Returned (NSF) Checks We charge a $35.00 processing fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.

Credit Card Chargebacks A $35.00 processing fee will be assessed for each credit card chargeback received by us.

Reactivation Customers that choose to reactivate a closed account will be charged a $50 reactivation fee. If we have to restore your data files to your reactivated account, a $250 fee will be charged.

Hosting Plan Changes There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and prior plans.

Cancellations Our plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact us during business hours, Monday through Friday, 10:00 A.M. to 5:00 Pacific Standard Time, at 310.488.9760. Please note that there are no pro-rated refunds after the first 30 days of service.

Cancellation requests must be received by us a minimum of thirty (30) days prior to the end of your billing interval. Cancellations submitted later than this time may result in your hosting plan being automatically renewed. All cancellations become effective on the day processed by us. Please note that we are unable to schedule a cancellation for a future date. We will confirm the cancellation request when it is processed. If you do not receive a confirmation notice, please contact us immediately.

We do not monitor or automatically cancel plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to our services. Cancellation of services does not relieve you from paying any outstanding balance owed on your account. We reserve the right to terminate any account, at any time, without notice, for any reason that we deem appropriate.

Credit Card Disputes/Chargebacks We have a zero tolerance policy for chargebacks. Customers who dispute a credit card or PayPal payment are subject to a fine, suspension and account termination at our discretion. A $35.00 processing fee will be assessed to all accounts that receive a chargeback.

Billing/Price Changes Our policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Refunds Refunds are not given on design or any prepaid services.

G. Jurisdiction and Venue

You agree that any legal action brought against ShrinkWrap, LLC shall be governed by the laws of the State of Washington without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of the ShrinkWrap, LLC Website or arising from a service contract or invoice from ShrinkWrap, LLC shall be an appropriate federal or state court located in King County, Washington.