Terms of Use

Last updated on 1/30/2024

This document serves to identify terms and conditions between the Company (hereby known as “Green Web Design”) and you, the customer (hereby known as “Client”).

By registering with, accessing, or otherwise using this website and our services, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

These Terms and conditions apply to this website (GreenWebDesign.com) and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any 3rd party products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

Any work performed, products, or services offered by Green Web Design will be identified as an “Engagement”, “Engagements”, “Project”, “Projects”, “Service” or “Services” and is subject to all terms listed below.

Content referred to as “Subscriptions”, “Renewals”, and “Term Services” are defined as a service, product, software, domain, or data record that has a set expiration date, and is not licensed or offered perpetually without renewal fees. These items may also be obtained or purchased on behalf of the Client by Green Web Design as a service offering, or as a pre-requisite to an Engagement.

All statements in these Terms and Conditions are final unless otherwise agreed in writing and signed by Green Web Design and the Client. By purchasing and engagement with Green Web Design, the Client is agreeing to the terms herein.

Green Web Design offers an array of services. Engagements can include, but are not limited to: domain registration, data/web/email/content hosting services, website design, logo design, search engine optimization (SEO) services, consulting, image manipulation, data transformation, coding of servers, services, applications, software, and/or scripting.

This is not an exhaustive list, and is intended to inherit any tasks which Green Web Design or contracted entities perform during engagement, or ongoing as a part of active services. This also includes any hourly operations performed by representatives of Green Web Design, reflected in hourly services or as time and materials.

All product, service, or subscription obtained for the use of an Engagement or Service remains the property of Green Web Design unless otherwise specified below.

• All engagements are subject to a pre-payment of 50% of the estimated time and materials, per project, before work begins. All discussions of Engagement and objectives should be fully outlined prior to start of project.
• Submission of down payment will indicate agreement of work to be performed, and signify the start of the Engagement.
• Final payment is required as Net-30 (within 30 days of the engagement start). Project will not be released to production or useable by the Client until payment is remitted in full.

For every Engagement, a Scope of Work (SOW) is used to define the Engagement parameters, and agreed by both parties. This SOW serves as an agreement by both parties for work to be performed, and will be limited to the defined line items defined within.

Clients may request an expansion of the Engagement to include more services, software, or project activities. Requests will incur additional costs as a result of items outside of the established SOW and will be invoiced as such. This requires pre-payment for the additional agreed engagement conditions.

Engagements that requires additional purchases by Green Web Design (including, but not limited to: software add-ons, domains, scripts, plug-ins, or 3rd party services) will require payment prior to implementation, and may require recurring subscription payments. This recurrence will be billed as part of the Green Web Design renewal or subscription to the Client.

Green Web Design will outline pricing for Engagements, Services, or purchases as part of an estimate or invoice, valid during the time of Engagement or subscription cycle. Green Web Design reserves the right to change pricing at any time for future Services, Renewals, or Engagements.

Green Web Design provides invoicing for Engagements, Services, and Products to the primary email address specified when the Client relationship is created between both parties. Alternate billing methods can be leveraged by mutual agreement between Green Web Design and the Client. Terms of payment and options for remittance are included in the invoice, and are subject to terms therein.

Green Web Design offers products that may require a subscription that are not perpetual in license or service. These services are identified as subscriptions upon purchase, and dates of expiration are included in invoicing. Clients who purchase service(s) that require renewal(s) agree to provide a payment method on file (eg., Credit Card or PayPal subscription) that will allow for automatic renewal, prior to the expiration of product subscription. Clients will be invoiced prior to renewals as a courtesy reminder.

A failed renewal will result in suspension of any service(s) that have expired or are subject to payment.

Renewals that have met or passed an expiration date may require additional fees to re-activate, renew, or restart. This fee is the responsibility of the Client, and will be billed by Green Web Design, requiring full remittance of the fee before renewal occurs.

Clients who cannot provide payment credentials on file for subscription services are subject to additional contract terms and may be required to remit payment prior to the due date, to ensure renewable services continue. This option must be approved by Green Web Design prior to subscription(s) start.

Green Web Design requires payment before any Engagement or Service is activated. When a renewal or additional service requires payment, a due date is included in the invoice, and payment of that Engagement or Service is required before the end of business on the due date.

As a courtesy, Green Web Design will allow for a one-time delay in payment for up to 10 days with notification prior to the due date. If payment is not received, and a mutual payment agreement has not been made by Green Web Design and the Client, a 10% late fee to the billed amount will apply.

After 15 days of non-payment, Green Web Design reserves the right to disable use, visibility, and access to unpaid services.

If mutually agreed payment arrangements are not made between Green Web Design and Client, unpaid services are subject to deactivation and possible removal. Restoration of services after 30 days may require a new agreement of services, and will incur reactivation fees. After 60 days of non-payment, data and services will be removed and deleted from Green Web Design resources, and will not be accessible or recoverable.

Green Web Design services include design work, purchased elements and services, and ongoing internet-based activities. In many cases, a refund is not available, as the services or products are not able to be retracted.

Refunds are only available in cases where consumable services (pre-paid subscriptions, for example) can be removed or deactivated without penalty.

Domains and Hosting services may be canceled within 48 hours for a full refund.

Domains that are canceled by request of the Client after 48 hours will not be refunded.

Hosting Services canceled by request of the Client are subject to the full subscription term. Partial refunds are not available for this service.

Green Web Design will consider refunds in cases where the service or product can be re-sold to recover the invested cost of operation. This consideration is solely at the discretion of Green Web Design and is not a guarantee of refund.

Except as listed in cancellation conditions, this policy is not negotiable.

You may cancel at any time. A notification by email, voice-to-voice phone call, or Certified U.S. Mail indicating the intent to cancel is required. Verification of Client is required to ensure no malice.

• New Engagements: Green Web Design Engagements may involve purchase of renewable services including, but not limited to: domain(s), hosting, software, theme or design elements, or Client specific tools. Once an Engagement has begun, those items or services cannot be refunded and the Client pre-payment of 50% is used toward those items as needed. A cancellation of an Engagement by the Client is required to remit payment for any costs incurred above the 50% pre-payment. Resources purchased by Green Web Design for the Engagement remain the property of Green Web Design.
• SEO Services, Online Marketing: Future billing for these services will cease, however any existing term (designated as 3, 6, 9, or 12 month engagements) will continue until completion. Cancellation of these services is not refundable for the current active term, however any pre-payment for renewals will be refunded.
• Domains: Request to cancell a domain will result in termination of access to the domain, and will lock the record from use for 90 days, via ICANN. A Client may opt to transfer or purchase the domain, in lieu of cancellation. This is subject to a transfer service fee.
• Hosting Services: Cancellation of any hosting services will immediately inactivate access to the service or data. Hosting renewal will be canceled immediately.
• Cancellations initiated by Green Web Design may occur if the Client (or any representative of the Client) violates any Green Web Design terms of service, or if illegal activity occurs by the Client (or representative of the Client) using products or services provided by Green Web Design. Such cancellations of service will deactivate all use and access of Green Web Design services and products, and may be subject to legal action or deletion.

If you need to cancel your appointment, please do so 24 hours in advance. I rearrange my entire schedule to stop working and travel to the office for meetings. When you no-call, no-show, it interrupts my work day and/or prevents me from scheduling other things in that time slot. If you fail to show up for a meeting, you will be billed a $35 fee for each missed appointment. This fee must be paid before you can schedule another appointment.

If a client no-call, no-shows more than 3 times, I may not be willing to schedule appointments in person with that client anymore. In that case, you would still be able to schedule telephone or video meetings with me in the future.

If you have an emergency, please contact me as soon as possible so that I can offer an alternative time or type of meeting (phone or video), if available.

Green Web Design may offer Client services that host or manage Client-facing data, including but not limited to: email, web data, log files, calendaring, contacts, form data, billing events, or other Client records. This data is available to the Client using services and products provided by Green Web Design, or 3rd party tools, such as an email client or data processing tool.

At time of cancellation or termination of services, a Client may request a download of data from services provided by Green Web Design. Any data that is not proprietary to Green Web Design (considered as ‘Client accessible data’) can be made available as a downloadable compressed file. This operation is a service of Green Web Design, and would be subject to a fee. This request must be made prior to cancellation or termination, as Green Web Design does not retain customer data after removal of services to the Client.

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

We or our licensors own and control all of the copyright and other intellectual property rights to all software, plugins and other proprietary systems accessible within the admin panel of the website. Client retains control of the copyright for all data, images, text, and other information provided by them to Green Web Design.

Unless you created or provided the content yourself, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any 3rd party resources on this website in any form, without prior written permission from the service provider, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. 

You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. 

You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account termination, you will not attempt to register a new account without our permission.

We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review the content and to monitor all use of and activity on our website, and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and Conditions and must not be illegal or unlawful or infringe any person’s legal rights.

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

• this website or our products or services will meet your requirements;
• this website will be available on an uninterrupted, timely, secure, or error-free basis;
• the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website or services.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. 

Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed policies to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of the United States of America (USA).

Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Green Web Design in relation to your use of this website.

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

These Terms and Conditions shall be governed by the laws of the United States of America (USA). Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of the United States of America (USA). 

If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

This website is owned and operated by Green Web Design.
You may contact us regarding these Terms and Conditions through our contact page.