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Terms of Service

BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

Besavant, Inc. (the “COMPANY”) welcomes you to besavant.com and any other sites operated by the Company (the “SITE”); including but not limited to:

  • besavantweb.com

We ask that you read the following terms of use, which constitute a license, that cover your use of this SITE and any transactions that you engage in through this SITE (“AGREEMENT”).

You are also providing your express consent to our Privacy Policy  part of this AGREEMENT.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The following terms and conditions apply to all services provided by Besavant, Inc. in the website www.besavantweb.com.   The Site is a web design and development website which has the following description:

We are a WordPress Web Design and Development company located in East Cobb, Marietta, GA. We offer services such as web design, web development, graphic design, tutoring, consulting, website maintenance, and e-commerce solutions.

The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Besavant, Inc. At its discretion, Besavant, Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Besavant, Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Besavant, Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Besavant, Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Acceptance

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Besavant, Inc., also known as Besavant Business Solutions, in association with the use of the Besavant websites, which includes besavantweb.com and besavant.com  (the “Site”) and its Services, which shall be defined below.

Also, It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts an estimate or pays an invoice then the Client will be deemed to have satisfied themselves as to the applicable terms and have accepted these terms and conditions in full.

Charges

Charges for services to be provided by Besavant are defined in the project estimate and/or invoice the Client receives via e-mail. Quotations are valid for a period of 10 days. Besavant  reserves the right to alter or decline to provide a quotation after a period of 10 days.

Client Review

Besavant will provide the Client with an opportunity to review the site and provide feedback during the design, development and deployment phases. Once the original scope of work is completed it will be deemed to be accepted and approved.

The client agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact us immediately via e-mail or telephone.

Payment

Invoices for custom web design and development projects  require: 50% to get started and 50% upon final approval before the site is launched. Invoices are sent via email and are due upon receipt.

Additional Expenses

Client agrees to reimburse Besavant  for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Affiliate Relationships

COMPANY may participates in affiliate promotional relationships with other businesses. COMPANY fully discloses that some links provided are affiliate links. As an affiliate link, a small cookie is placed when you click on the link, and if you click through to a final purchase with the promoting business, then COMPANY may receive a financial or promotional benefit.

Your use of this SITE does not require that you click through or follow any links provided on this SITE.

Web Browsers

Besavant makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers including Firefox, Chrome, Safari, and Edge). Client agrees that Besavant Web Design cannot guarantee the exact same functionality with all browsers across different operating systems.

Besavant cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Besavant reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for all work completed up to the date of the first notice of cancellation for payment.

Refund Policy

In any event, any deposited funds for a project shall not be subject to refund after delivery if the initial design concepts are approved, or a change is requested unless Besavant cancels or terminates your Contract for a reason other than your breach or non-performance.

Indemnity

All Besavant services may be used for lawful purposes only. You agree to indemnify and hold Besavant harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Besavant the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Besavant permission and rights for use of the same and agrees to indemnify and hold harmless Besavant from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Besavant  that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by the courts of Cobb County, Georgia.

Liability

Besavant hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Besavant  to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Disclaimer of Warranties

EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN, BESAVANT HEREBY DISCLAIMS ALL WARRANTIES OF EVERY NATURE, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. BESAVANT DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. BESAVANT MAKES NO WARRANTY AS TO TRANSMISSION OR SPEEDS OF ANY NETWORKS.  BESAVANT MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT WORDPRESS THEMES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BESAVANT DOES NOT GUARANTEE THAT THEMES WILL WORK IN ALL BROWSERS, NOT DOES BESAVANT GUARANTEE THAT ITS THEMES WILL BE FUNCTIONAL IN ALL VERSIONS OF WORDPRESS, OR THAT THEY WILL BE COMPATIBLE WITH ANY THIRD-PARTY PLUGINS, SCRIPTS OR APPLICATIONS.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.

Last updated: January 2019

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