Mr. Wise Owl Terms of Service
By accessing the website at http://mrwiseowl.com, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. You
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Mr. Wise Owl’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Mr. Wise Owl’s website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mr. Wise Owl at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials and services provided on Mr. Wise Owl’s website are provided on an ‘as is’ basis. Mr. Wise Owl makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Mr. Wise Owl does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or services or on any sites linked to this site.
4. Paying for web design related services and projects
Mr. Wise Owl outlines on this page our Terms of Payment for web design services. Web design services are classed as:
1. Initial Concepts – designs or mock-ups of a potential website;
2. Agreed services of website development, and/or continued updates to any part of the website;
3. Any graphics or logos specifically created by us for you the client;
4. Time spent by us on the website adding, editing or deleting text on behalf of the client.
5. Hosting provided for the customers website or application.
6. Any marketing services provided or consulted by us.
During our consultation with you, we will have informed you of an approximate amount the website (at the time of the initial agreement) will probably cost you. During the continuing process of building and developing the website, you will be required to make payment(s) on account, otherwise also referred to as “balancing payments”.
Updates and further charges
With any website, there will always be the chance that clients would like further updates and/or changes made. These are usually agreed verbally or through email communications. When these updates and/or changes are made, then there may be additional costs, which will be billed separately to yourself. These payments due need to be made on time, otherwise arrears may accrue on your account.
Nobody likes to be kept waiting for payment. You would not expect to take your car to a garage, have work done and then pay for it a few months later! So we usually ask all clients to make payments promptly, when requested to do so. This helps keep everything in balance. If payments are not made on time, or within an agreed time limit, then the following conditions will apply:
1. Invoice(s) are sent out usually in arrears of work being undertaken by ourselves for the client. As each invoice raised, it will show an “Invoice Date” and “Due Date”. We would expect to have cleared payment within by payment “Due Date”. If payment is not made by the payment due date then condition 2 applies.
2. We will remind you that a payment is due for the invoice raised. Normally clients would then pay the amount outstanding at this point, and keep their account with us in order. However, if payment is not then received by us then condition 3 applies.
3. Further reminders are sent requesting payment be brought up to date (reminders may be sent by email, post, or in telephone conversations with the client) and the client is extended a grace period of up to 30 days from the “Issue Date” of the invoice in which to make their payment. After the 30 day period has expired, then accounts or invoices that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (3.5%) or $25.00 per month of the total amount due. In the meanwhile, any further updates and/or changes to the website will be declined until payment is made in full, and the account is brought up to date.
Additionally, if an account does fall into arrears, and payment is then made late, it may mean that future updates and changes to your website would be charged for in “advance” by us.
Non-payment of web design and development, hosting, or marketing charges
We don’t like to consider that a client will NOT pay us for their web design and development, hosting, or marketing costs, but if this happens, then we need to look at ways of being able to recover the costs involved to ourselves. If payment is not made for any part of the web design, hosting, or marketing costs outstanding to us, then we may have to take one, or any of the following actions to recover the debt owed to us.
1. We will reserve the right to decline to carry out any further work on the web design and development, hosting, or marketing charges project if there are invoice payments (or part payments) outstanding;
2. We will reserve the right to remove the website associated with the non-payment from the internet and replace it with a standard holding page, until such time the payment is made in full. If payment is not made in full, then the client will have no rights whatsoever to the website files and/or projects associated with the debt concerned. Whilst the domain name will always remain the property of the legal owner, the associated website for which the non-payment may refer to, will be deemed to have been “not paid up”, and therefore the client will have no entitlement to the website files;
3. We may have to issue a “Letter Before Action” outlining that we plan to issue proceedings against you in the county court without further notice. This may increase your liability for costs, above and beyond your outstanding payment(s) due to us;
4. We may be at liberty to make further administrative charges within reason to cover any costs incurred by ourselves.
Changes to the Mr. Wise Owl’s payments policy
Mr. Wise Owl and their server providers reserve the right to add, delete, or modify any provision of these ‘Web design and development, hosting, or marketing charges Payment Terms’ at any time without notice.
Failure to receive notification of a change does not make those changes invalid.
In no event shall Mr. Wise Owl or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Mr. Wise Owl’s website, even if Mr. Wise Owl or a Mr. Wise Owl authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Accuracy of materials
The materials appearing on Mr. Wise Owl’s web site could include technical, typographical, or photographic errors. Mr. Wise Owl does not warrant that any of the materials on its website are accurate, complete or current. Mr. Wise Owl may make changes to the materials contained on its website at any time without notice. However, Mr. Wise Owl does not make any commitment to update the materials.
Mr. Wise Owl has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Mr. Wise Owl of the site. Use of any such linked website is at the user’s own risk.
Mr. Wise Owl may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
9. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Arizona and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Your privacy is important to us. It is Mr. Wise Owl’s policy to respect your privacy regarding any information we may collect from you across our website, http://mrwiseowl.com, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
This policy is effective as of 1 July 2016.