×

SUPPORT

HOW TO SHOP

1 Login or create new account.
2 Review your order.
3 Payment & FREE shipment

If you still have problems, please let us know, by sending an email to support@website.com . Thank you!

OFFICE HOURS

Mon-Fri 9:00AM - 6:00AM
Sat - 9:00AM-5:00PM
Sundays by appointment only!

FORGOT YOUR DETAILS?

General Terms of Service

These Terms of Service (the "Agreement") are an agreement between Fearlis.com, or Fearlis Creative Network, LLC ("Fearlis" or “FCN” or ”us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Fearlis and of the Fearlis.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

  • Additional Policies and Agreements

    • Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
    • Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
  • Client Eligibility
    • By registering for or contacting us for Services, you represent and warrant that:
      • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
      • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
    • It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Unless you are taking part in an arranged contract to have your services completely managed by FCN, Fearlis is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may reach out to your Project Manager Directly or contact use at admin@fearlis.com to update your contact information. Providing false contact information of any kind may result in the termination of your contract or services with FCN.
    • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
    • Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
    • The Service and any data you provide to Fearlis is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
  • Transfers Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Fearlis be held liable for any lost or missing data or files resulting from a transfer to or from Fearlis. You are solely responsible for backing up your data in all circumstances.
  • Fearlis Content Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Fearlis Content"), are the proprietary property of Fearlis or Fearlis's licensors. Fearlis Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Fearlis Content. Any use of Fearlis Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Fearlis Content. All rights to use Fearlis Content that are not expressly granted in this Agreement are reserved by Fearlis and Fearlis's licensors.
  • Client Content

    • You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Fearlis that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
      Solely for purposes of providing the Services, you hereby grant to Fearlis a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Fearlis does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
    • Fearlis exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Fearlis's computers, network hubs and points of presence or the Internet. Fearlis does not monitor User Content. However, you acknowledge and agree that Fearlis may, but is not obligated to, immediately take any corrective action in Fearlis's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Fearlis shall have no liability due to any corrective action that Fearlis may take.
  • Third Party Products and Services

    • Third Party Providers
      Fearlis may offer certain third party products and services for the sites in our network. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
      Fearlis does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Fearlis is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
    • Fearlis as Reseller or Licensor
      Fearlis may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Fearlis Products"). Fearlis shall not be responsible for any changes in the Services that cause any Non-Fearlis Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Fearlis Products, either sold, licensed or provided by Fearlis to you will not be deemed a breach of Fearlis's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Fearlis Product are limited to those rights extended to you by the manufacturer of such Non-Fearlis Product. You are entitled to use any Non-Fearlis Product supplied by Fearlis only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Fearlis Product or to use it other than in connection with the Services. Unless otherwise contractually stated, you shall not resell, transfer, export or re-export any Non-Fearlis Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
    • Third Party Websites and Social Networks
      The Services may contain links to other websites that are not owned or controlled by Fearlis ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate. Also refer to our standard design practices, as adopted by The AIGA: TheProfessional Association for Design.
  • Account Security and Fearlis Systems.
    • It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
    • Where we have given you (or where you have chosen a password) which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.Unfortunately, the transmission of information via the Internet is never completely secure. fearlis.com uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to fearlis.com and you do so at your own risk.
    • The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Fearlis may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
    • Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Fearlis may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
    • Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Fearlis of an issue, we reserve the right to leave access to services disabled.
    • Fearlis reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

  • Prohibited Persons (Countries, Entities, And Individuals).
    • The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Fearlis also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
  • Compatibility with the Services

    • You agree to cooperate fully with Fearlis in connection with Fearlis's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Fearlis is not responsible for any delays due to your failure to timely perform your obligations.
    • You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Fearlis to provide the Services, which may be changed by Fearlis from time to time in our sole discretion.
    • You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Fearlis does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

 

  • Billing and Payment Information

    • Prepayment.
      It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
    • Autorenewal.
      Unless otherwise provided, you agree that until and unless you notify Fearlis of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services (such as Domain Names, Hosting, Licensing, SSL Certificates) using your credit card or other billing information on file with us.
    • Taxes.
      Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Fearlis's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
    • Late Payment.
      All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Fearlis may suspend or terminate your account and pursue the collection costs incurred by Fearlis, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Fearlis will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
    • Domain Payments.
      It is solely your responsibility to notify Fearlis's Billing department via a billing@fearlis.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Fearlis is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
    • Fraud.
      It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Fearlis may report any such misuse or fraudulent use, as determined in Fearlis's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
    • Invoice Disputes.
      You have ninety (90) days to dispute any charge or payment processed by Fearlis. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
    • Payment Card Industry Security Standard Disclaimer.
      Fearlis complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Fearlis does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
  • Cancellations and Refunds
    • Payment Method.
      No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
    • Refund Eligibility.
      Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
    • Non-refundable Products and Services.
      There are no refunds on domain names, please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Fearlis's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
    • Cancellation Process.
      You may terminate or cancel the Services by giving Fearlis written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Fearlis may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
    • Domains.
      Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Fearlis's Billing department via a support ticket created from billing@fearlis.com to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
    • Foreign Currencies.
      Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Fearlis is not responsible for any change in exchange rates between the time of payment and the time of refund.
    • Termination
      Fearlis may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Fearlis or others or cause Fearlis or others to incur liability, as determined by Fearlis in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Fearlis shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Fearlis may charge you for all fees due for the Services for the remaining portion of the then current term.
      UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
  • Uptime Guarantee.
    If your site server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Fearlis and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact billing@fearlis.com to create a support ticket to billing with justification [within thirty (30) days of the end of the month for which you are requesting a credit].
  • Price Change
    Fearlis reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Fearlis through the user billing tool or through other methods of communication, including notices sent or posted by Fearlis.
  • Coupons
    Unless otherwise noted by authorized promotions, discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
  • Limitation of Liability
    IN NO EVENT WILL Fearlis ITS DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Fearlis IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Fearlis'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Fearlis FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  • Indemnification
    You agree to indemnify, defend and hold harmless Fearlis, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
  • Arbitration
    By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Fearlis and will be held at the AAA location chosen by Fearlis in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fearlis will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and Fearlis alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Fearlis in violation of this paragraph, you agree to pay Fearlis's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.
  • Independent Contractor
    Fearlis and User/Client are independent contractors and nothing contained in this Agreement places Fearlis and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  • Governing Law; Jurisdiction
    Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
  • Disclaimer
    Fearlis shall not be responsible for any damages your business may suffer. Fearlis makes no warranties of any kind, expressed or implied for the Services. Fearlis disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Fearlis or our employees.

    • The agreement constituted by these terms and conditions and any contract or proposal will be construed according to and is governed by the laws of the United States of America. You and Fearlis Creative Network submit to the non-exclusive jurisdiction of the courts in and of the state of Texas and then to the laws governed by the United States of America in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
    • To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Fearlis Creative Network under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
  • Limited Warranty
    THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION,FEARLIS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. FEARLIS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. FEARLIS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
  • Disclosure to Law Enforcement
    Fearlis may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
  • Entire Agreement
    This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  • Headings.
    The headings herein are for convenience only and are not part of this Agreement.
  • Changes to the Agreement or the Services
    • Fearlis may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Fearlis website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
    • Fearlis reserves the right to modify, change, or discontinue any aspect of the Services at any time.
  • Severability
    If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified by way of contractual agreement) thereof shall remain in full force and effect.
  • Waiver
    No failure or delay by you or Fearlis to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
  • Assignment; Successors
    You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Fearlis. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Fearlis may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  • Force Majeure
    Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  • Third-Party Beneficiaries
    Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Development and Production Services

 

  • Estimates & Contracts
    • Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
  • Our Fees and Deposits
    • All new web design projects that exceed $600 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet. Otherwise a 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
    • Any check payments that do not clear will be charged a $35 fee. Fearlis retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause).
    • Depending on the amount of the pre-negotiated contractual balance remaining, it would be agreed to be paid in increments to coincide with the time remaining until projects are delivered. Or whichever amount is greater upon delivery of final products/services. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours. For projects that contain video or photography there is a 45% non-refundable Kill/Termination fee.
    • You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
  • Supply of Materials
    • You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
  • Project Delays and Client Liability
    • Any time frames or estimates that we give are contingent upon your full co-operation and complete cooperation in providing all of the necessary materials as discussed within any agreements in order to complete the work discussed. During development co-operation also consists of acceptable amount of communication required in order to progress to subsequent phases. It is required that a single point of contact be appointed to represent you and be made available on a daily basis in order to expedite the feedback process. If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued. Fearlis shall in no way be liable for any Consequential Loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
  • Revisions
    • Any revisions to your project can be discussed and/or implemented during production, we also provide opportunities to make revisions to your designs up to 7 days after final deliverables have been received . However, we have the right to limit the number of design revisions to a reasonable amount and may charge for additional changes if you make a change to the original specifications that is out of the scope of your design. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour. The Design scope also consists of the intent of your project/production, changes that would render your work ineffective.
  • Approval of Work
    • On final delivery of your project you will be notified and have the opportunity to review it. You must notify us with written correspondence of any issues of the final presented within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the remaining balance of the project invoice will become due.
    • If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
  • Warranty by you as to Ownership of Intellectual Property Rights
    • Unless otherwise negotiated, you must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications. As your developer, you must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
  • Search Engines
    • We do not guarantee any specific position in search engine results for your website. We perform detailed search engine optimization according to current best practice.Results for SEO are never definite as results are determined and dependent upon outside influence. When using current versions of well supported content management systems such as “Joomla”, “Magento” or “Wordpress” we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
  • Subcontracting
    • Fearlis Creative Network will maintain the right to subcontract any services that we have agreed to perform for you as needed to complete your project. We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party unless otherwise legally compelled.
  • Licensing
    • Once  all of the contractual obligations have been met for your work we grant to you your licensing for the use of your website and its related software and contents for the life of the website. You should expect to receive all documentation that pertains to the development of your site; passwords and usernames, backups, tutorials, login credentials such as emails and/or pin codes in your FCN Launch Packet. You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. Unless otherwise noted in contractual agreement. Fearlis will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred. Your launch packet will explain ongoing costs to maintain your online presence and/or services.

SEO and SEM Services

  • Marketing
    • Fearlis provides search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions.

      These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, Groupon, TrueLocal, local.com, Nextdoor.com, Linkedin, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, MojoPages, Kudzu, Merchant Circle, OnStar, Craig’s List, Kijiji, local online newspapers, Facebook, YouTube and other sites. The terms and conditions of these providers all apply. Fearlis will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

    • You acknowledge and agree that Fearlis Creative Network makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results.

      FCN does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. Nor do we warrant that the performance of your campaign will be error-free when at such time a course correction plan will be discussed and/or implemented.

APPAREL

  • Shipping
    • 97.66% of our orders are shipped within 5 business days. More than a half of our orders are shipped within 3 business days or less. 

USA 3-5 business days via USPS
3-8 business days via FedEx SmartPost 1-3 business days via FedEx

TOP