Terms & Conditions
Effective Date: [Insert Date] Last Updated: [Insert Date]
Welcome to Visual Heights Internet Technologies. These Terms & Conditions ("Terms") govern your access to and use of our website, and any website design, hosting, e-commerce, mobile app development, or related services (collectively, the "Services") provided by Visual Heights Internet Technologies ("Visual Heights," "we," "us," or "our"). By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or Services.
1. Overview of Services
Visual Heights provides website design, website development, e-commerce solutions, website hosting, website maintenance, search engine optimization, mobile application development, and related digital services to businesses and individuals. Specific deliverables, timelines, and pricing for any given project will be outlined in a separate written agreement, proposal, or invoice between Visual Heights and the client, which shall supplement these Terms.
2. Use of Our Website
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the website. Prohibited behavior includes harassing or causing distress to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
3. Client Accounts and Responsibilities
If you are provided with login credentials for a hosting account, content management system, or client portal, you are responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.
4. Project Scope, Payment, and Fees
Unless otherwise stated in a signed proposal or agreement, the following general terms apply to projects undertaken by Visual Heights:
Project Scope Work performed will be based on the scope outlined in the applicable proposal, quote, or agreement. Any work requested beyond the agreed-upon scope may be subject to additional fees, which will be communicated and agreed upon before work begins.
Payment Terms Fees for design, development, hosting, or maintenance services are due according to the payment schedule outlined in your service agreement or invoice. Late payments may result in suspension of services, including website hosting, until the account is brought current.
Hosting and Recurring Fees Hosting, maintenance, and other subscription-based services are billed on a recurring basis as outlined in your service agreement. Continued use of these services constitutes agreement to the applicable recurring fees, which may be updated with reasonable advance notice.
Refunds Fees for services already rendered, including design work, development hours, and hosting periods, are generally non-refundable, except as otherwise required by law or explicitly stated in your service agreement.
5. Intellectual Property Rights
Our Content The content, design elements, graphics, and code on the Visual Heights website, as well as our proprietary tools, templates, and methodologies, are the property of Visual Heights Internet Technologies and are protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from our proprietary materials without our written consent.
Client Deliverables Unless otherwise specified in a written agreement, upon full payment for completed project deliverables, ownership of the final approved website design, custom code, and related deliverables created specifically for the client transfers to the client. Visual Heights retains the right to use general design techniques, pre-existing tools, frameworks, and non-proprietary components in future projects. Visual Heights also retains the right to display completed work in its portfolio and marketing materials unless the client requests otherwise in writing.
Third-Party Materials Some projects may incorporate third-party software, plugins, stock photography, fonts, or licensed materials. Client is responsible for understanding and complying with any applicable third-party licensing terms associated with these materials.
6. Website Hosting and Service Availability
Visual Heights strives to maintain a high level of uptime and reliability across our hosting infrastructure, including our data centers located in Orlando, Florida and Ottawa, Ontario. However, we do not guarantee uninterrupted or error-free service. Scheduled maintenance, third-party network issues, or events beyond our reasonable control may result in temporary service interruptions. We will make commercially reasonable efforts to minimize downtime and notify clients of planned maintenance in advance when possible.
7. E-Commerce Services
For clients using our e-commerce design and development services, Visual Heights is not responsible for the products, services, or transactions conducted through client-owned online stores. Clients are solely responsible for compliance with applicable consumer protection laws, sales tax obligations, product representations, and fulfillment of orders placed through their e-commerce websites. Payment processing is typically handled through third-party payment gateways, which are subject to their own separate terms and conditions.
8. Disclaimer of Warranties
Our website and Services are provided on an "as is" and "as available" basis. While we make every effort to ensure our Services are reliable and effective, Visual Heights makes no warranties or representations, express or implied, regarding the operation of our website or the results that may be obtained from using our Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, Visual Heights Internet Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of our website or Services, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from our Services shall not exceed the amount paid by the client for the specific service giving rise to the claim.
10. Indemnification
You agree to indemnify and hold harmless Visual Heights Internet Technologies, its owners, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of your use of our website or Services, your violation of these Terms, or your violation of any rights of a third party, including intellectual property or privacy rights.
11. Termination
Either party may terminate an ongoing service agreement in accordance with the terms outlined in the applicable service agreement or proposal. Visual Heights reserves the right to suspend or terminate access to hosting or other services in the event of non-payment, violation of these Terms, or misuse of our Services, including activity that threatens the security or stability of our servers or network.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state or province in which Visual Heights Internet Technologies is principally located, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of that jurisdiction.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our website or Services following any changes constitutes your acceptance of the revised Terms.
14. Contact Us
If you have any questions about these Terms & Conditions, please contact us at:
Visual Heights Internet Technologies
jim@visualheights.com
(802) 782-2909