Terms of Service
1 – Access Restriction:
X-Graphix reserves the right to deny at its sole discretion any user access to this Website or any portion thereof without notice. X-Graphix reserves the right to monitor all activity in our control, this means all methods of media and web content and email activity as we deem necessary to secure our network, we will immediately cancel any accounts without notice of any abuses and security violations of our network.
2 – Agreements and Contracts:
All agreements or contracts are for the amount of time so stated unless otherwise indicated. After this period agreements or contracts roll over on a month-to-month basis and can be cancelled with one month’s notice, unless otherwise agreed between the parties.
3 – Cancellation and Refunds:
X-Graphix reserves the right to cancel the service at any time. In this event customer will be entitled to a pro rata refund based upon the remaining period of service. If a customer contravenes X-Graphix.com Terms of Service a refund will not be issued in the event of a cancellation.
3a – Search Engine Optimization
All services regarding Search engine optimization are prepaid and non-refundable, While we apologize for not being able to guarantee or issue credit for these services, Many outside influences and changes affect our efforts that are beyond our control, such as additional companies performing SEO work, Linking schemes, meta tag changes, website content changes, cross linking and many other factors.
Implementation of our recommendations may or may not be as we laid them out or pieces missing we cannot insure that it will have the desired results we would have anticipated. Further factors may also hinder our efforts to establish a desired result such as Search engine algorithm changes.
3b – Web Hosting Customers may cancel their account at any time. Fees charged on a prepay basis as well as Domain(s) names are non-refundable. Customers are only entitled to receive a refund for any full month(s) not used minus $50 cancellation fee.
3c – Website Designs If not entirely happy with the service provided by X-Graphix customers may cancel their order within 24 hours from order date without reason. Any payment made will be returned within 30 days of cancellation.
Customers may cancel their account at any time. Fees charged on a prepay basis as well as Domain(s) names are non-refundable. Customers are not entitled to receive a refund unless X-Graphix cancels the service or in circumstances where X-Graphix.com is in breach a refund may be due.
3d – Website Maintenance / Outsourced – Freelance projects Maintenance plans are month to month or determined by plan selected (monthly, Quarterly or yearly), Cancellation must be received prior to the next billing cycle. All paid / prepaid maintenance plans are non-refundable.
Outsourced or freelanced projects are defined as any work requested such as adding content (inventory or parts , Database or images to a store, Scripts and other work that would be performed by a third party) hired by X-Graphix with or without the knowledge or consent of our customer for the purpose of completing agreed project. these fees and charges are non-refundable, UNLESS cancelled within 24 hours from order. X-Graphix will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact X-Graphix as soon as possible. The account is not cancelled until you have received a confirmation from X-Graphix via email. We recommend that you keep a copy of the confirmation email for your records.
4 – Complaints:
Any complaint regarding X-Graphix conduct must first be received in writing to our postal address.
5 – Conditions of Use of this Website:
Except as stated , the contents of this Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of X-Graphix. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties.As a condition of your use of this Website, you warrant to X-Graphix that you will not use this Website for any purpose that is unlawful or prohibited by these terms and conditions.
6 – Copyright:
Unless otherwise specified the copyright of the contents of all pages of this Website are owned or licensed to X-Graphix. Unless otherwise specified, the authors of the content in the pages of this Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.Content provided by customer is to be considered clear of copyright infringements and is the sole responsibility of the website owner.The words “X-Graphix” however represented or stylized and all associated logos and symbols and combinations thereof used on this Website are not the trademarks (the “Trademarks”) of X-Graphix hereafter referred to as X-Graphix. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; (5) in any manner which does or may cause damage to the reputation of X-Graphix.com or the Trade Marks.
COPYRIGHTS: All X-Graphix design or programming work undertaken by X-Graphix.com remains the property of X-Graphix.com until such time that full and final settlement is received and the customer indicates satisfaction with the work completed.
7 – Exclusion of X-Graphix Liability:
The information contained in the material in this Website is only for information purposes. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action. X-Graphix does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Website or the reliability of the access to this Website. X-Graphix makes no representations about the suitability, reliability, timeliness, and accuracy of the information, products, services and graphics contained on this website for any purpose. All such information and related graphics are provided “as is” without warranty of any kind. X-Graphix hereby disclaims all warranties and conditions with regard to this information, products, services and graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall X-Graphix.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this website, with the delay or inability to use this website, the provision of or failure to provide any information, products, services and graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if X-Graphix or any of its suppliers has been advised of the possibility of damages. if you are dissatisfied with any portion of this website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this website.The pages contained in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated occasionally and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or any liability for any failure to do so.
8 – Indemnification:
Customer agrees that it shall defend, indemnify, save and hold X-Graphix harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against X-Graphix, its agents, its customers, officers and employees, that may arise or result from any 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 X-Graphix against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement on our customers websites.
9 – Jurisdiction:
The Courts of United Stated of America, Ohio, Missouri and Arizona shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Website and or services provided and its use and these Terms.
10 – Law Governing the Terms:
Use of this Website and these Terms shall be subject only to the laws of the United Stated of America and Arizona which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licence’s and conditions of use.
11 – Legalities:
If a complaint is received or any legal authority makes notification to us then we reserve the right to suspend service provision without notice until such time that a resolution is reached. Under these circumstances no refunds will be offered or considered.
12 – Payment Policies:
All accounts are set up on a prepay basis. Although X-Graphix reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established.Customers will automatically be charged again at the end of their prepay period unless cancellation notification has already been given. In situations where the card number on file is declined X-Graphix will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, X-Graphix reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. No bills or invoices will be sent by regular mail.
All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer’s card will be charged automatically.All accounts that are thirty (30) days past due will be permanently deleted. The remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $50 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We also reserve the right to report your unpaid balance to the following credit reporting agencies: Equi-fax, Experian, TransUnion.
Overview of Additional Fees
12a – Late Fees:
Any account with an unpaid balance 3 days following the invoice date is considered late and will be assessed a non refundable late fee of $15.00.
12b – Reactivation:
Customers that wish to reactivate a deleted account (for non payment after 6 days) will be assessed a $35 reactivation fee.
12c – Data Recovery Fee:
A $65 fee will be assessed if X-Graphix restores your data files to your reactivated account.
12d – Collection Fees:
All accounts not paid in full within 30 days of the date the account is deleted will incur a $50.00 collection fee.
12e – Returned (NSF) Checks:
X-Graphix charges a $35 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.
12f – Credit Card Charge backs:
A $75 charge back fee will be assessed for each credit card charge back. Once a Charge back is open all discounts and special price arrangements are void, making full price charges due.
12g – Credit Card Disputes/Charge backs including Paypal disputes or escalated disputes:
X-Graphix has a zero tolerance policy for these such activities. Any customer who disputes a credit card payment is subject to immediate suspension and account termination. A charge of $75 per charge back. will be assessed to all accounts that receive a charge back. If you have a question about a charge for services, please contact our billing department immediately to resolve the issue. If an error was made on our part, we will work with you to correct it. Once a dispute is open all discounts and special price arrangements are void, making full price charges due.
12h – Account / Server Disputes:
Are automatically locked for 90 days or longer until a resolution can be achieved, Any domain names in possession of X-Graphix will stay in possession until the dispute is resolved. Once a dispute is open all discounts and special price arrangements are void, making full price charges due.
13 – Payment Options:
In order to streamline our accounting procedures and keep costs down X-Graphix will only accept the following payment options. Credit / Debit Cards / Business – Personal cheques, A credit / debit card number will still be required if customers require the purchase of domains and other services on-line. X-Graphix cannot guarantee that a service will be provided until after any received cheques have been cleared.
14 – Website:
The Terms and Conditions (“the Terms”) laid out herein govern your use of this website (the “Website”). Please read through the Terms and if you find you do not agree with the Terms, do not use this Website. If you use the Website, you agree to be bound by these Terms as amended and updated at our discretion.