For customers utilizing website development, and / or other services provided by Turn Intermedia S.R.L.

Effective Date: Jan 1, 2019

Following are terms of services for website development provided by Turn Intermedia S.R.L. (“Turn Intermedia”). The customer shall provide billing address and any other information necessary for Turn Intermedia to maintain website hosting, registration services or domain transfer. Any information not provided will be requested by Turn Intermedia and shall be provided by the customer. Signature on our order form, submission of an online order for services, or website development service down payment by client indicates agreement to these terms of service.

1. Payment Terms Website Development

Turn Intermedia requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and the down payment amount may be modified at Turn Intermedia’s sole discretion. The final balance is due with the completion of website development project and if Turn Intermedia is developing a website that is not hosted by Turn Intermedia, final project acceptance and payment for the project must be received prior to website launch on a client server or third-party hosting partner. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Turn Intermedia gets paid for performing their duty under the proposal, despite tardy content from the client.

After final payment, Turn Intermedia will still post outstanding content AT NO CHARGE for 3 months if agreed upon on the initial project proposal scope. In the event an “under construction” page is posted due to missing content, Turn Intermedia will post ONE copy of any text/pictures on existing pages only, for up to 3 months after the initial publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will also be billable at our current regular hourly rate.
Only after the final payment is received Turn Intermedia will relinquish ownership to customer. Should a development project span more than 30 days, customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development. Ongoing website maintenance and updates if any are billed separately on the 1st calendar day of the following month.

2. Content Responsibilities

The customer is responsible for all content posted or stored on their web hosting space. Turn Intermedia exercises no control over the content or information contained on the servers used for hosting. Turn Intermedia will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Turn Intermedia is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Turn Intermedia provides or the software used by the customer.

3. Service Interruptions

Turn Intermedia is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.

4. Account Credentials

The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Turn Intermedia immediately via e-mail or telephone.

5. Governing Laws:

Turn Intermedia Web Design’s corporate office is located in San Jose, Costa Rica. This agreement will be performed in and governed by the laws of the Republic of Costa Rica. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Turn Intermedia reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

6. Third Party Networks

Any access to other networks connected to Turn Intermedia website design’s network must comply with the rules appropriate for that other network.

7. Content and Terms of Use

All services provided by Turn Intermedia may be used only in accordance of the law. Storage, documentation, transmission, or presentation of information or data that violates Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statute.
Turn Intermedia prohibits website customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold Turn Intermedia harmless from any claims resulting from his/her use of Turn Intermedia services that damage the customer or another party. Use of Turn Intermedia web hosting and e-mail services if applicable to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Turn Intermedia any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.

8. Adherence to Proposal

It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Turn Intermedia. Should services or resources fall above the scope of the original proposal, Turn Intermedia reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project are due with the next progress payment or at Turn Intermedia’s discretion the final project delivery payment.

9. Project Timeline

It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Turn Intermedia will result in delay of project, or risk putting the project on hold. Turn Intermedia may invoice customer for additional resources should the delay of a project interrupt Turn Intermedia’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services and any received progress payments are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.

10. Administrative Access

To prevent malware installation on our servers, full administrative access to a WordPress installation on Turn Intermedia’s hosting services will not be granted to customers. Customers may request access to specific features of a website, and access may be granted at Turn Intermedia’s sole discretion.

11. Website Copyright

Custom Websites

The copyright on a custom website is transferred to the website purchaser after full payment has been received for the website. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.

Semi-Custom Websites

WordPress login credentials are not available to customers who purchase subscription or layout websites. The copyright on semi-custom website development is transferred to the website purchaser after one (1) year of active subscription service. If a semi-custom website is paid for in advance, the copyright is transferred upon full payment for website development. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.

12. Project Completion Website Go Live and Client Access

A project is considered complete when full development scope has been reached, the project is approved by the customer and final payment has been received by Turn Intermedia. Should a customer request changes beyond what was agreed upon in the original proposal, Turn Intermedia may complete these changes at additional cost. Once a project is considered complete, customer has one business week to launch the website, or provide Turn Intermedia with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at Turn Intermedia’s discretion. Once a project is complete, all changes requested will fall under Turn Intermedia’s standard hourly payment schedule. Account access to website and written or verbal training, if agreed upon in the initial proposal, will be granted only after final payment for the project is received by Turn Intermedia.

13. Termination/Cancellation Policy

If site design and development work has already begun (such as creating a design concept), then the down payment and / or any progress payment is non-refundable. Turn Intermedia my elect at its sole discretion to offer a partial refund depending upon the circumstances