Privacy Policy
See Privacy Policy
Important Information For All Our Services
You should carefully read and agree to ALL the following Terms and Conditions. This agreement is applicable whether you have read these terms or not. Your use of our website, or purchase of products, or any of our services implies that you have read and accepted ALL of Our Terms and Conditions to the following definitions listed below, including but not limited to all liabilities, warranties, indemnification, copyrights and credits.
CMS (Content Management System)
- The CMS may only be purchased in conjunction with a template, shareware webset or conversion to the CMS system of an existing website or webset owned by the client . It is not available as a stand alone product.
- Gerlinda.com is in no event liable for any damages arising out of the use of the content management system.
- The content management system is provided "as is" and "with all faults". No warranties or guarantees are provided.
- You may not claim to have any intellectual or exclusive ownership of the CMS modified or unmodified.
- You may not redistribute or resell our CMS system on other websites. There are no exceptions.
- When purchasing a CMS system, Gerlinda.com grants you a limited non-exclusive single use license for use on one (1) website.
- Refunds for the cost of the license will be given to any user that does not have the requirements needed to run/use CMS or are otherwise unable to use the script. For a refund to be given, the user must agree to give Gerlinda.com permission to access the server and remove all, CMS files. Users must also agree to destroy all existing copies of the CMS files in their possession, and remove the files permanently from their site. Refunds apply only to the license portion and to the costs of any services which have not yet been provided. Refunds will not be given for any services which have already been rendered (ie; customization of template/webset, or existing website that has already been copied to the database for use with the CMS is not eligible for a refund). Refunds will only be given within 30 days of the date on which the CMS was ordered. If the user wishes to keep a purchased design template or webset that was used with the CMS system, charges may apply to recode the design back into a simple html page.
- Gerlinda.com reserves the right to discontinue distributing the CMS system, and may refuse or revoke the use of the system to any party for any reason at any time. Gerlinda.com is not responsible for contacting users of the system for this discontinuation. The system will not be provided to parties or companies known to be promoting/selling illegal items or services, or discriminatory items or services, nor will it be provided on any site that sells or has pornographic ("adult") items or any items that cannot be viewed by all ages, including children, nor will it be provided to individuals known to be under 18 years of age. The CMS will also be revoked from any party/company using inappropriate methods of promotion, such as spamming email addresses.
- No guarantees of security can be made regarding the administration area of the CMS system. The password protection system included with the system is no guarantee of security. No private information should be added to an unsecured server that holds the CMS system.
Ecommerce (Shopping Catalog System - ShoppeGenie)
ShoppeGenie Catalog systems is a third party system, Gerlinda.com does not supply the system and client must purchase directly from DezignSpot.com and are subject to all Dezignspot's terms and conditions when purchasing the catalog install. Gerlinda.com only programs your template, purchased webset or custom design for use with the ShoppeGenie and is not responsible to the purchaser or any other third party for any damages incurred, including loss of data, lost profits, or any other costs, which are caused directly, indirectly, incidental, or consequential from use of any third party services and or products.
Templates, Shareware, Linkware, Websets, Pagesets, Graphic Sets
- You may not use them in an Email or as stationary on the internet
- You may not offer them for sale, included on another CD collection, web site collection or archive.
- You may not alter the graphics except to add text to the blank buttons or titles
- You may not claim to have any intellectual or exclusive ownership rights, modified or unmodified
- You may purchase for personal or Commercial sites and/or as a template for the CMS system, as a limited non-exclusive single use license for use on one (1) website.
- Linkware is not for purchase, all other terms apply (See other specific Linkware terms)
- You must at all times, provide a link back to Gerlinda.com
- Zip Files will be mailed as soon as Paypal Confirms payment.
Cancellations and Refunds
Gerlinda.com reserves the right to cancel any service and/or maintenance account at any time with or without prior notice.
Customers may cancel at any time. There are NO refunds on design demos, completed design services, purchased templates, shareware, websets, graphic sets, pagesets, that have already been delivered to you electronically or uploaded to your hosting account. There are no refunds for completed template modifications, administrative fees, or install fees for custom scripts/software. Refund requests for website maintenance will be refunded on a prorated basis of any unused time via paypal. Cancellations must be done in writing via email with email address on record..
Email On File
It is your responsibility to ensure the email address on file is current and up to date at all times. If we need to contact you in case of any issues that are important to your website, maintenance of your website or for any of our services, the email address on file will be used for this purpose.
Payment Information
You agree to supply appropriate payment for the services or products received from Gerlinda.com, in advance of the time period that services or products are provided.
All fees are payable in US dollars.
Custom Web Design costs are variable and based on individual design needs.
A non-refundable down payment of $100 is required prior to beginning a custom design demo and full payment prior to uploading your files to your webhost.
Check, money order, paypal, or credit card payments must be initiated via our shopping cart. You will be able to choose which payment method. All check and money orders will be processed directly through our cart. All paypal and credit card payments will be forwarded on to PayPal for processing. You do not need a Paypal account to use your credit card. Gerlinda.com does not personally collect credit card information. All credit card orders are collected through PayPal and is governed by paypal's policies & terms. Money order payments will be processed when received. Checks must clear the bank before processing any order or delivery of any electronic goods.
Gerlinda.com reserves the right to change our fees for services, designs, templates, CMS, shareware/websets and maintenance service and any other services/charges not specifically listed, at anytime.
Copyright and Trademarks
The Client unconditionally guarantees that any material furnished by Client to Gerlinda.com for use inclusion in design and/or content is owned by Client and/or Client has permission from the rightful owner to use said material and will hold harmless, protect and defend Gerlinda.com from any claim or suit arising from the use of any material supplied by Client. Client will notify Gerlinda.com of permission and any copyright notices needed to be placed for use of any said material.
Gerlinda.com guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical elements may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both client and Gerlinda.com that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless client receives direct authorization from the 3rd party.
Client acknowledges design layout, shareware/template, and/or programming is for single use only
Copyright to the finished graphics and layout of individual web site or template produced and designed by Gerlinda.com is owned by Gerlinda.com. This ownership is to include rights to the design, any photos or graphics supplied by Gerlinda.com', source code, scripts and any programming utilized in any web site, template or website programming project. Upon full and final payment of design work, the client will be granted single use ownership copyright of all works created in the finished assembled web site. All graphics, photos, artwork or text placed on clients website by client or provided by client for use in website or template shall remain copyright of client and all respective owners.
A link to http://gerlinda.com and byline must remain at the bottom of each web page within a website project for as long as images and/or programming created by Gerlinda.com are utilized in the website project.
Gerlinda.com may use client's web site as a sample of work in its marketing materials or through a web site link.
Confidentiality
Confidential information includes, but is not limited to, textual content, images, computer programs, specifications, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, to Gerlinda.com by Client and/or to Client by Gerlinda.com Confidential information disclosed orally shall be identified as such within five (5) days of disclosure. Nothing herein shall require Client and/or Gerlinda.com to disclose any of its information not necessary for the design and/or programming of a project.
Both parties agree that confidential information is to be considered confidential and proprietary to Client and Gerlinda.com and both parties shall hold the same in confidence, shall not use the confidential information other than for the purposes of its business.
Gerlinda.com will not disclose, publish or otherwise reveal any of the confidential information received from Client to any other party whatsoever except with the specific prior written authorization of Client and/or as requested by Client to be placed on or in the project.
Client will not disclose, publish or otherwise reveal any of the confidential information received from Gerlinda.com to any other party whatsoever except with the specific prior written authorization of Gerlinda.com.
Liability
In the event that client or other agent acting on the behalf of the client accesses files and disrupts the layout or functionality of the web site, Gerlinda.com can work to get the web site back up and running at the regular hourly rate.
Backups and Data Loss
Gerlinda.com does not host your files or data and is not responsible for any of your files and/or data residing on your hosting provider's server. . You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored with your hosting provider. Example: Your website pages, design, photo or text content, database, product entries for a shopping catalog, etc..
Domain Name Registrations and Hosting
Gerlinda.com does not register domain names nor provide hosting. We do have a list of recommended hosts and domain registrars. You understand that Gerlinda.com does not warrant or guarantee any host or domain registrar. Information is strictly posted as a courtesy.
Indemnification
Client agrees that it shall defend, indemnify, save and hold Gerlinda.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Gerlinda.com, its agents, its customers, officers and employees, that may arise or result from any service provided by Gerlinda.com; or agreed to be performed; or inability to use Gerlinda.com's services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to Gerlinda.com's records, programs or services.
Electronic Commerce
The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Gerlinda.com and it's subcontractors from any claim, suit, penalty, tax, or tariff arising from the 'Client's' use of Internet electronic commerce.
Ethicality
Gerlinda.com will not design, promote, maintain, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will Gerlinda.com design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, children, the elderly or the disadvantaged.
Arbitration
By using any Gerlinda.com services, you agree to binding arbitration. If any disputes or claims arise against Gerlinda.com or its subsidiaries, such disputes will be handled by an arbitrator of Gerlinda.com's choice. All decisions rendered by that arbitrator will be binding and final. You, the client are responsible for any and all costs related to such arbitration.
Warranties
All services are provided "as is" and "as available" with no warranties or conditions of any kind, including but not limited to warranties of title, non-infringement, or expressed, implied, statutory, or in any communication with you. Gerlinda.com expressly disclaims any implied warranties of merchantability and/or fitness for a particular purpose. Gerlinda.com will not be liable to the purchaser or any other third party for any damages incurred, including loss of data, lost profits, or any other costs, which are caused directly, indirectly, incidental, or consequential from use of any of our services or inability to use our products.
Gerlinda.com reserves the right to terminate any service without prior notice.
Gerlinda.com reserves the right to revise our policies and terms of use/service at any time. Any changes to our terms and policies will be reflected at http://www.gerlinda.com/policies.php. It is your responsibility to check for any updated policies/terms of Service/Use.
***Use of any of our services, website design, graphic design, website templates, CMS, linkware, shareware, websets, freebies, or any other services not specifically mentioned herein, signifies that you have agreed to and will abide by our Policies and Terms Of Service/Use.
