By submitting payment for web services, Client agrees to the following service terms.
Client is engaging Lanergy Solutions as an independent contractor for the specific purpose of leasing a Lanergy-designed World Wide Website. Client authorizes Lanergy Solutions to access all accounts and services needed to perform the website design and integration with any designated third party tools and services. Client also authorizes Lanergy Solutions to submit the completed website to major search engines for placement in search results.
Development and Website Design
Client’s website(s) shall be designed in the WordPress platform with theme options as designated and provided by Lanergy Solutions. The website design and specifications shall remain the property of Lanergy Solutions, unless Customer enters into a specific contract for custom design work with specific terms to retain ownership of such design. Lanergy Solutions shall offer Client options to customize certain elements of the website content and layout as provided in the service package chosen by Client.
The website(s) shall contain features and third-party plugins. Third-party plug-in developers may release updates and changes to their code as they deem necessary. Lanergy Solutions neither has control of nor shall be held responsible for any changes or errors in code provided by third parties. As a courtesy, Lanergy Solutions may assist with identifying and resolving issues, whenever possible.
Websites shall be designed to work with Internet Explorer, FireFox, Safari, and Google Chrome. While Lanergy Solutions will make every effort to design a fully functional website compatible with all versions of these web browsers, it does not guarantee this as certain features and functionality may not be supported by individual web browsers.
Copyright and Trademarks
Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, and other artwork furnished by Client to Lanergy Solutions for inclusion in the website are owned by Client, or that Client has permission from the rightful owner of each of these elements, and will hold harmless, protect, indemnify and defend Lanergy Solutions and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements by the client.
Knowledge Base Access
URL/Domain Usage Terms
If included in customer’s monthly fee is the lease of a subdomain of Lanergy-owned url, client shall maintain the right to use subdomain(s) for the term of active service. Upon termination, Client shall have no right to any domain or subdomain provided by Lanergy Solutions. Client understands that this domain may be leased to other individuals upon termination of the lease by Client.
Client has the option to provide his/her own domain. Client shall purchase that domain directly and point the domain to Lanergy Solutions’ DNS servers. Upon termination, Lanergy Solutions shall remove customer’s domain from its servers so that Client may redirect that domain to another server location.
Website Maintenance and Hosting
Lanergy Solutions shall provide routine maintenance and software upgrades to WordPress and any plugins on a regular and as-needed basis for Clients leasing websites from Lanergy Solutions. Such maintenance shall be limited to items ensuring the continual functionality of Client’s website(s).
Lanergy Solutions leases server space offered by third party providers. Although Lanergy Solutions shall perform specific maintenance and software upgrades on that server, there may be instances of server errors and hardware failures resulting in website downtime. Customer understands that Lanergy Solutions may need to rely on these third-party providers to resolve such issues before service is restored to the websites. Client shall not hold Lanergy Solutions liable for any such down time. Lanergy Solutions will work with its server providers to minimize such occurrences and to restore such failures as they occur.
Servers rented by Lanergy Solutions shall include daily backups of the website. Although rare, there may be instances where server hardware and software failures result in lost data. Such instances may be out of the control of Lanergy Solutions. Client agrees not to hold Lanergy Solutions liable for such failures and understands that restored data may be from a previous day and not contain recent information entered into Customer’s website(s) that were not captured in the backup.
Client understands that he/she will be granted access to the backend of the website(s) for the purpose of editing content on pages and adding blog posts. Client understands that changes to any existing content may impact the layout and functionality of the website. Lanergy Solutions is not responsible for changes made by Client without consulting with the Lanergy Solutions support team. Client may be charged a fee by Lanergy Solutions to repair any mistakes or errors made by Client.
Fees and Payment
Setup fees shall be charged to Client prior to initial setup of Client’s website. Client shall receive an invoice via email. All setup fees are non-refundable once work on the website has begun. Setup fees shall cover initial creation of Client’s website and specific customization of content per the specifications noted in the service package purchased by Client.
Recurring Monthly Fees
Client shall be responsible for a recurring monthly fee due on a renewal date which shall fall on the same day of each month starting with the date on which Client’s website(s) was activated. The monthly fee includes the products and services noted in the service package. Services shall remain valid for as long as Client continues to submit payment for the recurring monthly fee.
Client may contract Lanergy Solutions to complete tasks above and beyond the website lease terms. Specifications and quotes for such work shall be submitted to Client for approval prior to invoicing and completion of such work.
Invoices for all fees shall be emailed to Client on or prior to the due date. Client may submit payment with a credit card via the online PayPal service (no PayPal account is required). Lanergy Solutions does not prorate fees and all fees paid are nonrefundable.
Failure to Pay
Client shall lease website and services on a month-to-month basis with payment due on the same day of each recurring month. Client shall receive invoices via email prior to the payment due date. Should Client fail to submit payment, Lanergy Solutions shall have the right to deactivate website(s) seven (7) days after the payment due date. Should Client fail to submit payment thirty (30) days after the payment due date, Lanergy Solutions shall have the right to terminate the website and re-lease to another party.
Client shall have the right to terminate the lease agreement prior to the start of the next billing cycle (corresponding to the invoice due date). Should client require immediate termination prior to the end of a billing cycle, fees already paid for the billing cycle shall be forfeited.
Upon termination by either cancellation or failure to submit payment, Client shall no longer have the right to use Lanergy Solutions-owned subdomains, designs, and services. Content specifically added by Client to the website(s) shall be removed from the website(s) along with any Client logos and trademarks. Upon request, Client may receive an export file containing Client’s content from the website(s), including content from pages and/or posts. Client retains ownership of any third-party tools integrated into the website and must contact those third party providers directly for transfer or cancellation procedures.
Changes to Service Terms
These Service Terms are subject to change without notice. Any changes directly impacting the level of service provided to Client shall be distributed via email. It will be Client’s responsibility to review such changes upon receipt of the notice via email. Should Client not agree to such changes, Client has the option to cancel service per the cancellation policy listed above.