Terms, Conditions & Policies

Section 1) Warranties and Liability: XTRAMILE, INC. guarantees the functionality of the website for a period of one year starting from the delivery day. However, this warranty will be void if anyone other than XTRAMILE, INC. modifies, maintains, or changes the code of the website. XTRAMILE, INC. does not warrant nor guarantee the success of the website in regards to user traffic, revenue generation or search engine results. If provided for in the Project Agreement, XTRAMILE, INC. agrees to make all best efforts in marketing and supporting the promotion of the website but cannot guarantee user responsiveness nor search engine position.

Section 2) Complaints: Informal complaint procedure: CLIENTS experiencing problems with any product or service provided by XTRAMILE, INC. should raise the matter immediately via e-mail to XTRAMILE, INC. management by using the form in the "Contact Us" page. CLIENTS should provide sufficient information to locate the material in question and clearly outline the grounds for the complaint. XTRAMILE, INC. will subsequently approach the individual responsible for the complaint with a view to resolving the matter to the satisfaction of the complainant. Formal complaint procedure: The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally or where a satisfactory conclusion has not been reached after following the informal procedure above. A formal complaint should be made in writing, via email (legal@{'DomainName'}), who will acknowledge receipt with an initial response via e-mail within five (5) business days and ensure that the a full and considered response to the complaint will be completed within twenty (20) business days and any subsequent remedy implemented with the minimum of delay.

Section 3) Refunds: The Initial Project Deposit is non-refundable under any and all circumstances except cancellation, in writing, within 5 business days of the Project Agreement being signed (subject to cancellation policy details outlined in this document). Refunds for work paid for above and beyond what the non-refundable Initial Project Deposit covers may be granted at XTRAMILE, INC.'s discretion, but hours worked thus far within a project will be billed pro-rate at our standard hourly rates. If you meet the refund eligibility requirements, you must request a refund in writing via email (sales@{'DomainName'}) to XTRAMILE, INC. who will acknowledge receipt with an initial response via e-mail within five (5) business days and ensure that a refund is granted, if applicable, within twenty (20) business days.

Section 4) Initial Project Deposit: A non-refundable deposit for at least 50% of a project is required from every new client before any work is carried out. This non-refundable deposit functions as a "time block reservation", reserving XTRAMILE, INC. staff, affiliates, partners, and contractors for the project. This deposit is non-refundable under all circumstances, except when following the formal cancellation procedure, subject to XTRAMILE, INC. standard cancellation fees.

Section 5) Payments: It is the XTRAMILE, INC. policy that any outstanding accounts for work carried out by XTRAMILE, INC. or its contractors, partners, and affiliates are required to be paid in full, no later than twenty (20) business days from the date of the Invoice unless by prior arrangement with XTRAMILE, INC. Once the Initial Project Deposit is paid, the remaining project balance is due within 40 business days of the date of the Initial Project Deposit or when the project is completed, whichever comes first. CLIENT is eligible for at least a 3% project discount if total project balance is paid at project beginning point. If accounts are not settled or XTRAMILE, INC. has not been contacted regarding the delay, access to the related website or project may be denied and web pages removed. XTRAMILE, INC. then reserves the right to utilize a collection service, arbitration, or litigation to collect payment and fees, if applicable.

Section 6) Cancellation: If CLIENT wishes to cancel his/her project, he/she may do so in writing via fax 888-851-8351 only within the first five (5) business days after Initial Project Deposit has been received by XTRAMILE, INC. Any work done thus far on the project will be deducted from the Initial Project Deposit and billed at our standard hourly rates. If the work that has been completed is beyond the amount covered in the Initial Project Deposit, the CLIENT shall be liable to pay for all work completed at our standard hourly rates. Additionally, a 15% cancellation fee will be assessed and deducted before a refund of the remaining balance is made. If CLIENT violates Project Agreement (e.g. doesn't follow content requirements or exercises non-payment of fees), XTRAMILE, INC. reserves the right to cancel the project at any time.

Section 7) Scope / Work Increase: An increase in the original scope of work outlined in the Cost Planning Estimate may require additional fees at our standard hourly rates. Also, pages, design hours, features, revision cycles, etc. above and beyond that which was quoted in the Cost Planning Estimate may require additional fees at our standard hourly rates. Changes or derivations from original Project Questionnaire and/or Cost Planning Estimate may require additional fees at our standard hourly rates. CLIENT will be notified in advance before the occurrence of any additional fee assessments.

Section 8) Maintenance: Unless XTRAMILE, INC. and CLIENT enters into a formal Website Maintenance Agreement (contained within its own document), website maintenance is the sole responsibility of the CLIENT.

Section 9) Non-Disclosure / Confidentiality: XTRAMILE, INC. agrees that they shall not during, or any time after terminating the relationship with CLIENT use for themselves or others, or disclose or divulge to others, any confidential information of the CLIENT's. For purposes of the Project Agreement, confidential information shall include any and all information that is of a proprietary, confidential or trade secret nature, of strategic importance, or is otherwise considered to be confidential or proprietary by the releasing party. Confidential information will include items such as business plans, marketing plans and strategies, formula, processes, data, software source codes, financial information, customer lists, and all other information deemed confidential by the parties. Confidential information shall not include items that are generally available to the public, generally known in the industry, exist in the public domain, is learned from an outside source independent from the relationship established by the Project Agreement or was known prior to the entering of the Project Agreement.

Section 10) Expiration: If client chooses to neglect sending final and complete website content and filled out Project Questionnaire according to the XTRAMILE, INC. content delivery requirements, after twenty (20) business days the Project Agreement will be considered breached and XTRAMILE, INC. reserves the right to: 1) cancel the project and retain the 50% deposit, 2) retain the project and assess a 5% expiration fee every five (5) business days final content / questionnaire is not received and will be no longer able to guarantee or ensure a prompt project time-line, 3) retain the project without assessing an expiration fee, but XTRAMILE, INC. will no longer be able to guarantee or ensure a prompt project time-line, as XTRAMILE, INC. project scheduling is reliant upon prompt delivery of content/questionnaire by client as designers/developers are "reserved" for a set period of time.

Section 11) Authorship Credit: XTRAMILE, INC. includes a byline and link on the bottom of CLIENT's website(s) establishing authorship credit (e.g. "Website Design By XtraMile Inc.") and must be removed at any time upon request by XTRAMILE, INC.

Section 12) Laws Affecting E-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 XTRAMILE, INC. and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's use of e-commerce.

Section 13) Liability / Indemnification: CLIENT hereby agrees than any material submitted for publication will not contain anything leading to an abusive or unethical use of the services provided by XTRAMILE, INC. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. CLIENT hereby agrees to indemnify and hold harmless XTRAMILE, INC. from any claim resulting from CLIENT's publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless XTRAMILE, INC. in any claim resulting from the submission of illegal materials. If XTRAMILE, INC. shall acquire an Internet domain name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against XTRAMILE, INC., for any loss, damage, claim, or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of providing of this service by XTRAMILE, INC. Under no circumstances, including negligence, shall XTRAMILE, INC., its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use XTRAMILE, INC.'s services; or that results from mistakes, omissions, interruptions, deletion, or loss files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access XTRAMILE, INC.'s records, programs, or services. CLIENT maintains sole responsibility for data back-ups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content of XTRAMILE, INC.'s services. Notwithstanding the above, CLIENT's exclusive remedies for all damages, losses, and causes of actions whether in Project Agreement, or including negligence, or otherwise, shall not exceed aggregate dollar amount that CLIENT paid during the term of the Project Agreement and any reasonable attorney's fee and court costs.

Section 14) Proprietary Rights: XTRAMILE, INC. agrees that designs developed and implemented for the CLIENT will be the sole and exclusive property of the CLIENT.

Section 15) Image Usage and Purchases: CLIENT is responsible for purchasing any and all images used if CLIENT does not have ownership.

Section 16) Litigation: Any disputes arising from this contract will be arbitrated or litigated in Anaheim, California. This Project Agreement shall be governed and construed in accordance with the laws of California, USA.

Section 17) Time-lines: XTRAMILE, INC. does not guarantee or promise specific delivery dates or time-lines unless in writing, in the Project Agreement, where CLIENT is subject to Guaranteed Delivery Fee. When this Guaranteed Delivery Fee is assessed and XTRAMILE, INC. fails to meet the delivery requirements (and client has met their corresponding Content Delivery Requirements) XTRAMILE, INC. will refund a percentage of the project amount based on the Project Agreement. Time-line estimations should be adjusted based on actual content delivery time by CLIENT, actual number and length of revision cycles, and higher-complexity requirements. XTRAMILE, INC. does not guarantee or promise delivery dates or time-lines unless otherwise stated in writing in the Project Agreement.

Section 18) Client Ownership: CLIENT shall retain all right, title and interest including copyright and other proprietary or intellectual property rights to their completed project.

Section 19) Right of Refusal: XTRAMILE, INC. reserves the right to refuse to construct a website which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to US laws.

Section 20) Prices/Rates: XTRAMILE, INC. reserves the right to alter prices/rates at any time without notice. If CLIENT has purchased any products or services from XTRAMILE, INC. prior to a change in prices/rates, that purchase will not be subject to any increase, but any subsequent purchases may be subject to an increase.

Section 21) Returned Payments / Charge Backs: Any payment(s) returned by a bank or credit card company will incur a fifty dollar ($50) administration charge. This will be invoiced and will be added to the total outstanding debt owed by CLIENT. All bank disputes and bank issued charge backs result in the complete cancellation of CLIENT's account. All bank disputes and charge backs are reported to the issuer's credit agency.

Section 22) Content Delivery Requirements: Project Questionnaire: After Initial Project Deposit is received by XTRAMILE, INC. will promptly (within three (3) business days) e-mail Project Questionnaire link. CLIENT has twenty (20) business days after Initial Project Deposit is made to submit final, proofread Project Questionnaire to XTRAMILE, INC. Changes or derivations from Project Questionnaire submitted will be subject to additional fees based on our standard hourly rates. Text: All text must be delivered inside of the Project Content Word Document in Microsoft Word Document format. Text must be final version, but XTRAMILE, INC. will proofread content. Images: All images should be included in the Project Content Word Document placed in the document where CLIENT desires images to be placed on the website and XTRAMILE, INC. will assist as well. Images should be delivered via email or CD-ROM (2230 W. Lincoln Ave. Suite #118, Anaheim, CA 92801-6509), in "zipped" or "archived" format, with each image appropriately labeled (e.g. "Home_Page_Top_Right_Image.jpg"). Logo: CLIENT logo should be delivered as a "source file" that is enlargeable and editable. Example source file formats include .png, .tiff, .eps, and .psd. Logo can be delivered via Basecamp (in "zipped" or "archived" format) or CD-ROM. E-Commerce Content: If Project Agreement is for an e-commerce related project, CLIENT must also provide ten (10) category titles and ten (10) product titles (also a description, code, picture, etc.), inside of a E-Commerce Content Word Document in Microsoft Word format to XTRAMILE, INC. via Basecamp (in "zipped" or "archived" format) or CD-ROM.

Section 23) Internet Marketing: All Internet marketing and/or search engine related products and services are provided without guaranteed results. XTRAMILE, INC. can in no way control search engine(s) and therefore cannot provide guarantees on any results or search engine predictions.

Section 24) Privacy Policy: XTRAMILE, INC. will NOT collect any personal information about you unless you choose to provide us with such information (in the form of a proposal request, etc.) If you do provide us with your personal information, either by requesting a cost-planning estimate, emailing us or otherwise contacting us, your information will only be used internally or for sales overtures we initiate. We occasionally share new lead information to our exclusive web design partners if we cannot service your project at that time so they can contact you in order to see if their services present an appropriate match as an alternative. Should you choose to hire us, we may share your information with certain third parties in the course of providing services (such as domain name registration, Internet marketing campaigns, web hosting, etc.) As with most Web servers on the internet, certain information is automatically collected and recorded. This includes, but is not limited to: your IP address (and hostname if available), the date and time you accessed our website, and the type of browser and operating system you use. These are stored in a "log" file, which are private and the contents of which will not be released to a third party without your explicit consent.

Section 25) Copyrights: All text, designs, and imagery on this website are copyright 2007 XtraMile, Inc.. This website and all marketing materials has been registered with the Federal Government. Any components of this website may not be written, transmitted, or reproduced without the express written consent of XtraMile, Inc.

Section 26) Trademarks: The name and logo, is a trademark of XtraMile, Inc.

Section 27) Licensing: XtraMile, Inc. is licensed to operate business from Anaheim, CA.