service_heading_imgHigher Page Terms of Service

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Higher Page Web Design (“The Company”) owned and operated by Aviden Corporation agrees to furnish services to the Customer, subject to the following TOS (Terms of Service). Use of Higher Page Web Design Service constitutes acceptance and agreement to the Higher Page Web Design TOS. All provisions of this contract are subject to the TOS (Terms of Service) of Higher Page Web Design. The TOS may be changed from time to time at the discretion of the company. Customer understands that change to the TOS by the company shall not be grounds for early contract termination or non-payment. The agreement shall be construed in all respects in accordance with the laws of the country of United States applicable to all contracts enforceable in that country.

  1. Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that the Company may disclose any and all Customer information including assigned IP addresses, account history, account use, etc to any law enforcement agent who makes a written request corresponding to a subpoena or other court order without further consent or notification to the Customer. In addition Higher Page Web Design shall have the right to terminate all service set forth in this Agreement should the services be found suspect of illegal activity.
  2. Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Customer. Customer is aware that Higher Page Web Design may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. This shall not affect a customer's balance due on a previously purchased service.
  3. Payment: Establishment of this service is dependent upon receipt by the company of payment of stated charges. For all services offered by the Company except for the Maintain services, 50% of the total stated price is required before the any work will commence. This payment is not refundable. Upon completion of the service, the unpaid remainder of the stated price is due before the Company's work can be released to the Customer. Dissatisfaction in the service will not be grounds for a refund of the first payment. If the Customer is dissatisfied with the end result, the second half of the payment shall not be owed by the Customer to the Company. In any situation where the Customer does not pay the total stated price, none of the Company's work shall be owed or released to the Customer.
  4. Payments and Fees: Payments via any method which are declined for any reason are subject to a $25.00 NSF fee. Payments via check which are declined are subject to the $25.00 NSF fee PLUS any bank charges which Company incurs. Any accounts that are overdue and deemed not collectable by Higher Page Web Design may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Higher Page Web Design a “Processing and Collection” fee of not less than $75.
  5. Refunds and Disputes: All payments to Higher Page Web Design are non-refundable. This includes all services provided by the Company. The Company's Maintain service is binding, and early cancellation of the maintain contract will affect the Customer's obligation to pay the stated price in full. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your bank or credit card issuer that in our discretion is a valid charge under the provisions of the TOS, you agree to pay Higher Page Web Design an “Administrative Fee” of not less than $75 and not more than $200.
  6. Failure to Pay: Higher Page Web Design may deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve the Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  7. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption are difficult to ascertain. Therefore, Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Higher Page Web Design. Customer further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, injury, or loss.
  8. Support Boundaries: Higher Page Web Design provides support to our customers (except for a few holidays and short company meetings when we are unavailable). We limit our support to issues with our service. We do not provide technical support. Lastly, we encourage you to check the FAQ section and any help files available for the service you are having problems with before contacting support.
  9. Notification of Violation: Higher Page Web Design is under no duty to look at each customer’s or user’s activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police internet-related activities.
  10. Higher Page Web Design reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate cancellation.
  11. Indemnification: Higher Page Web Design wishes to emphasize that in agreeing to the Higher Page Web Design Terms of Service (TOS), customer indemnifies Higher Page Web Design for any violation of the TOS that results in loss to Higher Page Web Design or the bringing of any claim against Higher Page Web Design by any third-party. This means that if Higher Page Web Design is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Higher Page Web Design plus all costs and attorneys fees.
  12. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Email, fax, and telephone contacts are used, in that order of preference.
  13. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
  14. Anonymous Data Anonymous data may be collected by 3rd party software for website statistic reasons.