ELIBA Design Inc. - Terms and Conditions

1. Introduction
These Terms of Service ("Terms") govern your access to and use of the website hosting services provided by ELIBA Design Inc. ("ELIBA," "we," "us," or "our") (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

Flexibility:
ELIBA reserves the right to modify these terms under special circumstances, upon mutual agreement with the customer
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2. Website Hosting Services
2.1 Service Description
• ELIBA offers website hosting services on an annual subscription basis. You may choose from subscription terms of one, two, three, five or seven years

2.2 Free Website Design•
• ELIBA includes built-for-you free cool modern looking website design to showcase your services with up to five simple pages as part of the hosting package.
• Ready in 2-3 business days when assets from your side are ready.
• Free adjustments for 7 days post launch.
• Up to five professional emails (you@yourbusiness.com) associated with the customer's domain and regular price domain name www.yourbusiness.com).
• The layout design will be based on your logo design as a starting point but will be developed and styled completely to finish the design as fast as we can, based on your preferences (e.g., color scheme, style).
• Free advanced SEO includes SEO metadata setup, google sitemap, keywords research.
• Free video call if needed to reach the result you need.
• ELIBA Design values your time and its time by giving you a clear pricing policy for the initial design, with no hidden fees to serve you with the best quality, stress-free. While we would be happy to serve you for future adjustments, it will require more responsibilities from us to work on it, we are flexible for some of free humble minor adjustments, while additional costs will be required for additional services or repeated or frequent adjustments, that will be explained in Adjustment fees section.


Hosting and Transfer Policy:
• The free website design is specifically for use with ELIBA's hosting services and cannot be transferred to another hosting provider unless $300 USD has been paid to ELIBA to grant permission for the transfer if possible or recreate, after having at least a year hosting with us to protect our free effort from being taken for granted.
• ELIBA reserves the right to determine the final design within the scope of your provided preferences.
Editing Access Policy:
• A username and password will be provided to the customer for $100 USD if the customer requests permission to edit as an Editor on WordPress, and this request should be before the creation on the website, allowing them to change and edit the pages as much as they want for free and forever.
• The customer will be responsible for any unwanted changes they make to the design. Any request to fix changes made by the customer will be considered a new adjustment.


Adjustment and Modification Fees:
• We would be flexible for future couple free humble minor modifications, and when you host more than one website with us, you will get extra free couple adjustments, but for the long run, new adjustments after the initial design and delivery (logo change, picture change, text change, section size, position, or existence change) will be charged $20 USD per request.
• Each request can include up to five replacement changes only and does not include animation creation.
• For monthly constant daily dedicated adjustments we can offer a quote (20 adjustments $150/monthly), while other competitors have unlimited adjustments but practically turnaround is 2 to 4 business days to be done.

2.3 Website Customization
• Customization beyond the basic free design may incur additional charges.
• ELIBA will provide a separate quote for any requested customizations.

2.4 Customer Responsibilities
• You are responsible for providing any necessary website assets, such as logos, images, and text content.
• ELIBA may use stock images or create a simple logo for you if you do not provide your own.
• You are solely responsible for ensuring that all content provided by you complies with all applicable laws and regulations and does not infringe on any third-party rights.
• You are responsible for timely responses to requests for information from ELIBA regarding your website design preferences. Delays in your responses may impact the delivery timeline.

2.5 Website Delivery
• ELIBA aims to deliver the website within one week of receiving all necessary information from you.
• The delivery timeline may be impacted by unforeseen circumstances, including delays in your responses or issues with the main hosting provider or website builder engine that are outside of ELIBA's control.
• ELIBA is not responsible for any delays caused by factors beyond its reasonable control, such as unforeseen technical issues, third-party service disruptions, or force majeure events.
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3. Domain Name Registration
• Domain name registration is included in the price of the hosting package.
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4. Payment and Cancellation
4.1 Payment
• Payment for the annual subscription (or two, three, five or seven-year subscription) is due in full upon order.
• If you remove the subscription, a delay in the next round of payment will cause cancellation of your domain address. To reassign it, you will be charged $30 USD in addition to the new regular subscription cost.
• in the far future rates are subject to change considering inflation as we are in 2025.
• ELIBA Design values your time and its time by giving you a clear pricing policy for the initial design, with no hidden fees to serves you the best quality with stress free, while we would be happy to serve you for future adjustments, it will require more responsibilities to us to work on it, please read section number 2.2 to see the costs for adjustments and other extra services.
4.2 Cancellation
• You may cancel your subscription at any time prior to the next billing cycle.
• To cancel, you must provide written notice to ELIBA at least 15 days before the next billing date.
• If you want to release your domain address from our server and transfer it to another hosting provider before the subscription ends, there will be a $15 USD fee.

Refund Policy:
• You will get a full refund if you don't get your website done in less than a week from the moment you sent all your assets you are aiming to showcase on your website, so the week starts after all your business assets been sent to us, it's the customer's responsibility to send there assets on time.

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5. Intellectual Property
5.1 ELIBA's Rights
• ELIBA retains all rights, title, and interest in the website design, including any intellectual property rights therein.

5.2 Customer Content
• You are solely responsible for obtaining all necessary rights and permissions for any content you provide to ELIBA for use on your website.
• ELIBA is not responsible for any infringement of third-party rights arising from the use of your content.

5.3 Website Attribution
• ELIBA will include a small "Designed by ELIBA Design" and its logo attribution link in the footer of your website.
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6. Disclaimer of Warranties
ELIBA warrants that it will use commercially reasonable efforts to:
• Provide the Services in accordance with the terms of this Agreement.
• Correct any material errors or defects in the Services within a reasonable timeframe.
• Maintain the security and integrity of its servers and network.
ELIBA does not warrant that:
• The Services will be uninterrupted, error-free, or secure.
• Any defects will be corrected.
• The Services will meet your specific requirements or expectations.
• The Services will be compatible with all hardware and software.
• The Services will be free from viruses or other harmful code.
• ELIBA will be liable for any loss of data, profits, or business opportunities.
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7. Limitation of Liability
IN NO EVENT SHALL ELIBA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA LOSS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, EVEN IF ELIBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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8. Indemnification
You agree to indemnify and hold harmless ELIBA and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or in connection with:
• Your use of the Services.
• Your violation of these Terms.
• Your infringement of any third-party rights.
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9. Changes to These Terms
ELIBA may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the new Terms.
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10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your State/Province], without regard to its conflict of law principles.
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11. Contact Information
If you have any questions about these Terms, please contact us at eliba@elibadesign.com