Terms of Service
Important Information For All Our Services
YOU AGREE AND ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS 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 and is a legal and binding contract.
GDPR (General Data Protection Regulation, enacted May 25, 2018):
As of May 18, 2018, Gerlinda.com has updated our Privacy Policy.
- Clients are responsible and liable to ensure that their websites are in compliance with GDPR!
- Gerlinda.com is not a Lawyer or offering legal advice. Gerlinda.com does not guarantee that a website designed by Gerlinda.com will be in 100% compliance.
- Gerlinda.com will ensure that the client will have the ability to create a Privacy Policy & Privacy Tools Pages either with WordPress Core functions or via a GDPR Plug-in.
- Should a Client like assistance with utilizing either function mentioned above, Gerlinda.com will do so to the best of our ability but does not Guarantee the legality or level of compliance of the privacy policy that it generates.
- Client understands that the Client must go over the policy to the best of your ability to make it personal to you and your website.
- Should a Client be in doubt, Gerlinda.com recommends the Client to contact a lawyer for legal advice.
(Content Management System)
Please Note: We have retired our custom CMS systems, we do not recommend continuation of use of such systems. Gerlinda.com is not liable for any security breach, upset, loss of data or functionality of your website if you decide to continue it’s usage.
Please contact me if you would like to be included on the list of updating your system to WordPress, an easy to use free CMS available with most web hosts (More Info ). The installation is free, but there is a fee associated with converting your existing site and moving your content & photos.
Gerlinda.com reserves the right to discontinue distributing/or change our custom 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.
No guarantees of security can be made regarding any content management system. The password protection system included with the old system is no guarantee of security. No private information should be added to an unsecured server that holds the CMS system.
Gerlinda.com reserves the right to cancel or refuse any service and/or maintenance account at any time to anyone with or without prior notice.
Customers may cancel at any time. There are NO refunds on design demos, or completed design services, 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..
It is your responsibility to ensure the email address on file is current and up to date at all times. If I 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.
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 is required prior to beginning a custom design demo and full payment prior to uploading your files to your webhost.
Services or products under $100 must be paid in full prior to receiving product or service.
Payments or Credit card payments may be made through 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, WP Themes, and maintenance service and any other services/charges not specifically listed, at anytime.
- The Client unconditionally guarantees that any material furnished by Client to Gerlinda.com for use of inclusion in design and/or content, updates or changes 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 has no legal responsibility to the content or copyright status of a website except for original Gerlinda.com artwork or legally purchased resources to place the proper rights and/or licenses to be used on the web site.
- Client acknowledges design layout, graphics, WP theme/template, and/or programming is for single use only
- Upon full and final payment of design work, the client will be granted single (1) use ownership copyright of the finished assembled web site/WP Theme. 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.
- All graphics, photos, artwork supplied by Gerlinda.com shall remain copyright to Gerlinda.com and all respective owners.
- Some resource elements may be used in other websites and/or WP Themes/templates. These are custom graphics made by Gerlinda. com or from legally purchased resources.
- A link to https://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.
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.
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, or losses the website, either through failure to renew hosting or domain name or your web host losses your site for any reason or if you move or have your site moved to a new web host, and data and files are lost as a result, there will be a charge to reinstall on a new server, and no guarantee can be made that any of the previous files or database information can be recovered.
Gerlinda.com is not liable for any security breach, upset, loss of data or functionality of your website.
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..
Gerlinda.com does not register domain names nor provide hosting. We do have a list of hosts we like 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.
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 connection problems, network errors, server/FTP connection timeout, 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.
Gerlinda.com will place keywords and basic SEO into your site, we are not responsible for search engine promotion or marketing of any kind. We are not guaranteeing or implying any search engine placement on the first page.
A design/project will be considered abandoned if a project is in progress and/or after completion a customer does not get back to us within 6 consecutive weeks. If contacted after the 6 week period a service fee of $50.00 plus any remaining balance due must be paid in full prior to moving forward with the project.
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.
Gerlinda.com will not design, promote, or maintain, 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.
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.
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, malware, 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 https://gerlinda.com/terms-of-service/. It is your responsibility to check for any updated policies/terms of Service/Use.