Terms of Service
Last updated on: 11/10/2024
By signing up for the Monart Designs LLC service (“Service”) or any services provided by Monart Designs LLC (“Monart Designs”), you agree to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Monart Designs include various products and services to help you create, manage, and enhance your website (“Web Services”), provide hosting solutions (“Hosting Services”), and other digital services. Any new features, tools, or enhancements added to the current Service are also subject to these Terms of Service. The most current version of the Terms of Service is available at [Your Website URL]/terms. Monart Designs reserves the right to update and change the Terms of Service by posting updates and changes on the Monart Designs website. You are encouraged to periodically review the Terms of Service for updates or changes that may impact you.
You must read, agree with, and accept all terms and conditions in this Terms of Service agreement before becoming a Monart Designs user, client, or customer.
1. Account Terms
1.1) You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
1.2) To access and use the Services, you must agree to become a Monart Designs Client and maintain a client account (“Account”) by providing your full legal name, current address, phone number, valid email address, and other required information. Monart Designs may reject your application for an Account or cancel an existing Account at its sole discretion.
1.3) You acknowledge that Monart Designs will use the email address provided as the primary method for communication.
1.4) You are responsible for keeping any/all related passwords secure. Monart Designs cannot and will not be liable for any loss or damage from failure to maintain the security of your Web Services and/or Web Hosting.
1.5) You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account (“Materials”).
1.6) A breach or violation of any term in the Terms of Service, as determined solely by Monart Designs, will result in immediate termination of your services.
2. Account Activation & Ownership
2.1) Monart Designs Account – The person signing up for the Service is the contracting party (“Account Owner”) and is authorized to use any account Monart Designs provides in connection with the Service. If signing up on behalf of an employer, the employer becomes the Account Owner, and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
2.2) Domain Names – Upon purchasing a domain name through Monart Designs, domain registration and fees will automatically renew each year, or month if on monthly terms, as long as your Monart Designs Account remains active. You are responsible for contacting Monart Designs to deactivate the auto-renewal function if desired.
2.3) Web Hosting – Upon purchasing Web Hosting through Monart Designs, hosting services and fees will automatically renew each year, or month if on monthly terms, as long as your Monart Designs Account remains active. It is your sole responsibility to contact Monart Designs to deactivate the auto-renewal function if desired.
3. General Conditions
3.1) Technical support is only provided to paying Account holders and is available via email, phone, or in-person meetings through applicable office or account manager.
3.2) Monart Designs will not alter the agreed-upon project scope without prior written approval from the client. All changes to project scope will be billed to the client in a manner consistent with the Standard Fee Payment Schedule.
3.3) Monart Designs will diligently adhere to project schedules. Clients understand they are responsible for providing timely feedback; delays in feedback can extend schedules. Monart Designs is not liable for schedule issues or delays arising from client input and timelines.
3.4) Web Hosting Services commence upon project onset and agreement approval and are subject to the Standard Fee Payment Schedule.
3.5) The client agrees to adhere to the agreed revision process and allocated revision hours. Launch of a website to a live domain or final payment is considered final acceptance. Any revisions after acceptance will be billed hourly at Monart Designs’ standard rate.
3.6) The client acknowledges responsibility for providing content in a suitable form and for proofreading all text and content provided.
3.7) Technical support beyond one hour in a 30-day period will be billed at the standard hourly rate.
3.8) Monart Designs does not guarantee specific SEO results. Clients understand Monart Designs is not liable for performance in search engine rankings.
3.9) The Terms of Service are governed by the laws of the State of New Jersey, without regard to conflicts of law. The courts of New Jersey have exclusive jurisdiction over any disputes arising from the Terms of Service.
3.10) Monart Designs may amend these Terms of Service at any time by posting updates at [Your Website URL]/terms. Continued use of the Services constitutes agreement to the amended Terms. Discontinue use if you disagree with changes.
3.11) You may not use the Monart Designs service for illegal or unauthorized purposes and must comply with all laws in your jurisdiction.
3.12) You agree not to reproduce, duplicate, copy, sell, or resell any portion of the Service without express written permission from Monart Designs.
3.13) You shall not purchase search engine keywords or domain names that use Monart Designs trademarks or variations thereof.
3.14) Your Materials may be transferred unencrypted over various networks and adapted to technical requirements of connecting networks or devices.
3.15) Monart Designs recommends SSL Certificates for security. Monart Designs is not liable for clients refusing SSL installation.
3.16) For questions about the Terms of Service, please contact support@monartdesigns.com.
4. Monart Designs Rights
4.1) Monart Designs reserves the right to modify or terminate the Service for any reason, without notice, at any time.
4.2) We reserve the right to refuse service to anyone for any reason at any time.
4.3) We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine, at our discretion, that the Materials uploaded or posted to a website violate our Terms of Service.
4.4) Verbal or written abuse of any kind (including threats of abuse or retribution) towards any Monart Designs employee, member, or officer will result in immediate Account termination.
4.5) Monart Designs does not pre-screen Materials and may refuse or remove any Materials from the Service at its discretion.
4.6) We reserve the right to provide services to your competitors and do not promise exclusivity in any market segment. You acknowledge that Monart Designs employees and contractors may also be clients and may compete with you without using your confidential information.
4.7) In the event of a dispute regarding Account ownership, we may request documentation to verify ownership. Documentation may include, but is not limited to, a scanned copy of a business license, government-issued photo ID, or the last four digits of the credit card on file.
4.8) Monart Designs retains the right to determine rightful Account ownership and may transfer an Account to the rightful owner. If unable to determine ownership, Monart Designs may temporarily disable the Account until resolution.
5. Limitation of Liability
5.1) You agree that Monart Designs is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, loss of profits, goodwill, or data resulting from the use or inability to use the Service.
5.2) Monart Designs and its suppliers shall not be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with your website, web hosting, our services, or these Terms of Service.
5.3) Use of the Service is at your sole risk. The Service is provided “as is” and “as available” without warranty or condition, express, implied, or statutory.
5.4) Monart Designs does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5.5) Monart Designs does not warrant that the results obtained from the Service will be accurate or reliable.
5.6) Monart Designs does not guarantee that the quality of any products, services, information, or other Materials purchased or obtained will meet your expectations, or that any errors will be corrected.
6. Waiver and Complete Agreement
6.1) Monart Designs’ failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The Terms of Service and its referenced documents form the complete agreement, superseding prior agreements.
7. Intellectual Property and Customer Content
7.1) Monart Designs does not claim intellectual property rights over your Materials. All Materials you upload remain yours and may be removed upon request to support@monartdesigns.com.
7.2) By uploading Materials, you agree: (a) to allow other internet users to view publicly posted Materials; (b) to allow Monart Designs to store and display publicly posted Materials; and (c) that Monart Designs may review all submitted Materials.
7.3) You retain ownership of all uploaded Materials but agree that publicly posted Materials may be viewed by others. You are responsible for ensuring Materials comply with laws and regulations.
7.4) Monart Designs will not disclose confidential information to third parties except as required in providing services. Confidential information excludes information that (a) was public at the time of receipt, (b) becomes public afterward without fault, (c) was obtained from a third party
8. Payment of Fees
8.1) As a client/user/customer of Monart Designs, you agree to pay the Fees applicable to your project and ongoing services, including any other applicable fees related to the design, development, and maintenance of your website, such as third-party license fees necessary to keep your website in working order (collectively, the “Fees”). You also agree to specific payment terms outlined in any scope of work provided by Monart Designs.
8.2) You must keep a valid credit card on file with us for all incurred and recurring Fees. Monart Designs will charge the credit card account you authorize (“Authorized Card”), and Monart Designs will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees are in U.S. dollars, and payments shall be made in U.S. currency.
8.3) Hosting Fees, License Fees, and other subscription fees are billed in advance on a yearly or monthly basis as requested (each such date, a “Billing Date”). Project Fees and any other Fees may be charged at Monart Designs’ discretion. Monart Designs reserves the right to adjust Fees based on service cost increases, with adjustments capped at 10% per year of the subscription’s monthly value. Invoices will be sent to the Account Owner via the provided email. Clients have fifteen days to address any billing issues. After fifteen days, Monart Designs reserves the right to suspend Services.
8.4) As a client/user/customer of Monart Designs, you agree to our strict no-refund policy. Monart Designs is not liable for refunds on any work that has been paid or pre-paid, including but not limited to website design, development, e-commerce, hosting, or domain name management.
8.5) If you fail to pay Fees within the specified payment period, a finance charge will be assessed on past-due amounts at the lesser of 1% per month (12% per year) or the highest permissible legal rate.
8.6) You agree to pay all collection costs and expenses, including Monart Designs’ reasonable attorney fees and legal expenses, whether or not there is a lawsuit.
9. Cancellation and Termination
9.1) You may cancel your Account at any time by emailing support@monartdesigns.com and following any specific instructions provided in response.
9.2) Upon termination of Services:
- Monart Designs will cease providing Services, and your Account access will be revoked.
- You will not be entitled to any refunds of Fees unless otherwise stated in the Terms of Service.
- Any outstanding balance owed to Monart Designs will become immediately due and payable.
- Your website and/or web hosting may be taken offline.
9.3) If you purchased a domain or hosting through Monart Designs, it will be your sole responsibility to handle matters related to your domain or hosting with the respective provider upon cancellation.
9.4) If any Fees remain due at the time of Service termination, a final invoice will be sent. Upon full payment, no further charges will occur.
9.5) We reserve the right to modify or terminate Services or your Account for any reason, without notice.
9.6) Fraud: Monart Designs may suspend or terminate your Account if fraudulent activity is suspected.
10. Modifications to the Service and Prices
10.1) Prices for Services are subject to change upon 30 days’ notice. Notice may be given via Monart Designs’ website (monartdesigns.com) or terms of service.
10.2) Monart Designs reserves the right to modify or discontinue Services at any time without notice.
10.3) Monart Designs shall not be liable for any modifications, price changes, suspension, or discontinuation of Services.
11. Third-Party Services
11.1) You also agree to be bound by any terms applicable to third-party services you purchase from Monart Designs partners or third parties.
11.2) Monart Designs may recommend, provide access to, or enable third-party software, applications, or services. Use of such services is at your own risk, and it is your responsibility to read applicable terms and policies.
11.3) Monart Designs disclaims responsibility for third-party services, their functionality, or data handling. Use of third-party services does not imply endorsement by Monart Designs.
11.4) Monart Designs recommends consulting specialists to ensure third-party services meet your needs.
11.5) By enabling a third-party service, you grant permission to allow the provider to access your data as required for integration. Monart Designs is not liable for any disclosure or damages due to third-party access.
11.6) Google Maps is a third-party service used within Services. Use is subject to Google’s Acceptable Use Policy.
11.7) Monart Designs is not liable for any damages from third-party services or your relationship with third-party providers. You agree to indemnify Monart Designs and affiliates from claims arising from such use.
12. DMCA Notice and Takedown Procedure
12.1) Monart Designs supports intellectual property rights and responds to copyright infringement notices. Notices may be sent to support@monartdesigns.com, and Monart Designs may remove or disable access to infringing materials.
13. General Data Protection Regulation (GDPR)
13.1) Compliance with GDPR is ultimately your responsibility as a Monart Designs customer. Monart Designs follows your instructions regarding data handling.
14. Americans with Disabilities Act (ADA) Compliance
14.1) Compliance with ADA standards for accessibility is ultimately your responsibility as a Monart Designs customer.
15. Supported Website Browsers
15.1) Monart Designs supports the latest versions of major browsers but does not guarantee compatibility with older versions, including Internet Explorer, which is no longer supported.
16. Mutual Respect Between Monart Designs and Clients
16.1) Monart Designs expects respectful and professional communication from both parties. Disrespectful behavior may result in project or service termination.
16.2) Examples of disrespect include:
- Threatening, abusive, or offensive language;
- Epithets, slurs, or negative stereotyping;
- Threats of violence, litigation, or financial harm;
- Personal attacks or untruthful comments about professionalism;
- Any behavior deemed inappropriate or unprofessional.