Terms & Policy
(Note: Please scroll further down for Terms & Policy relating to Website Hosting.)
Terms of Services
Terms of Service is for LostSoul Entertainment / LostSoulEntertainment.com / JOBYJOHN.COM and will be referred to as: *LSE/JJC. Below are the *LSE/JJC (“LostSoul Entertainment”, “LSE”, “JOBYJOHN.COM, “we”, “us”, “the designer”) standard terms and conditions for all projects.
If you do not agree with them, we prefer not to work with you as we believe these to be fair, equitable and reasonable for both sides of contractual obligations. If you have exceptions you wish to discuss, please do so at the beginning of the project otherwise your agreement at the commencement of any project where you tick the terms and conditions agreement box on all *LSE/JJC forms with constitute full and total agreement with these terms. Unless otherwise stated these policies form the basis of every/all contract/s between *LSE/JJC and our client/s. The policies, terms and conditions set forth are a result of Joby John working with clients over a period of 9+ years and are specifically designed to manage expectations and desired outcomes, explain intellectual property (IP) issues and protect both you “the client” and *LSE/JJC from unfair practices.
It is vital that you (“The User”, “The Client”) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with *LSE/JJC. Please also note that from time to time *LSE/JJC may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.
These conditions, which are construed under United States, Nevada, North Las Vegas law, are applicable to *LSE/JJC and should be read in conjunction with other documents and/or the correspondence comprising our quote/invoice, which are emailed to you as a PDF document.
As a user of the JOBYJOHN.COM website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without our express prior written consent.
Before I start the design process I will discuss verbally with the client their needs for the product they are after. I will also have the client, depending no the project, send samples of ideas they are after and all information they need put into the project. This gives me a good idea of what you require and enables me to give you an accurate quote and accurate designs.
I have two different contracts that I use with my clients. One is a “Verbal Contract”, the other is a “Written Contract”. Verbal agreements are contracts which are valid and legally binding. We require email and text communications through out the project for documentation of revisions, updates and design changes requested by the client. We also retain all project files which verify services provided to the client. When you verbally request services from our company, you are legally agreeing to our terms and policies and to providing payment for services rendered.
*LSE/JJC and its subsidiaries reserve the right to refuse service, terminate accounts, terminate contracts, and/or cancel orders in its discretion, including without limitation, if *LSE/JJC believes that customer conduct violates applicable law or is harmful to the interests of *LSE/JJC and its subsidiaries or if we feel the working relationship is no longer constructive for all parties involved.
Any court actions must be lodged in the state that *LSE/JJC is located. Customer is responsible for court fees, attorney fees and any additional cost incurred from any said court action against *LSE/JJC. Charge backs filed that violate our store policy or with fraudulent intent, will be pursued in a court of law for additional damages and losses. Credit card rulings do not supersede our store policies. By purchasing through *LSE/JJC either online or by phone, you are agreeing to our terms and conditions. If you do not agree to our terms and conditions, please do not purchase our services or products. *LSE/JJC Policy is subjected to changes without notice.
The following outlines the intended design services provided by LostSoul Entertainment / JOBYJOHN.COM. Packages are laid out in accordance with the needs presented by the client and are to be agreed upon and followed.
All clients must read and agree to the points laid out below.
By entering into a business relationship with *LSE/JJC, you (the Client) agree and consent to the following terms and conditions:
A non-refundable deposit of 50% of the estimated cost is required to begin work. Work on the project can only start when this payment has been received. The balance is required on completion. Final artwork will only be handed over when the full balance has been paid. If necessary, depending upon the project, if client needs parts of the project when completed, we require final payment for each product before product is handed over.
All invoices are payable on receipt.
Graphic design is a professional service, not a re-stockable product or commodity – customers are billed for the time and expertise of our graphic designers, art/creative directors and project managers. In accordance with industry standards, *LSE/JJC charges for design services by the hour (unless a flat fee has been negotiated in writing) and does not offer refunds under any circumstance (except in the case of copyright infringement as noted above).
*LSE/JJC does NOT engage in speculative work and will not honor any requests for same. We can provided our portfolio, making it easy for potential clients to judge whether the style and quality of design offered by *LSE/JJC is a good fit for their organization.
All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. The final invoice will not exceed the quoted amount by a margin of over 25% without prior notification and written authorization by the client.
An upfront deposit non-refundable of 50% (based on the quotation amount) is required for all new projects.
Preferred clients requiring long term and ongoing design work can be placed on a monthly billing cycle, which will allow said client to skip the quotation/deposit phase.
Deposits and payments may be made in a number of ways:
– Business or Certified Check (Please Allow 5 Business days For Payment To Clear. Work Begins, Or Products Will Be Delivered, Once Payment Has Been Validated).
– Bank or Wire Transfer
– Cashiers Check
– PayPal Invoice
– Visa, Master Card, Discover
Website: Having designed your web site, performed updates, or any other actions, we reserve the right to turn off the website (remove coding, use a kill switch, or take down all content and work we provided), until payment in full has been made for said services (including any additional products or services which we provided you). Any products we provided you are no longer to be used for we own the copyright until services rendered are paid in full. Once payment has been made in full, your website will be turned back on or put back in its previous state. This action is only taken when the customer has failed to adhere to our payment policy. Should we be forced to turn off a website, all previous discounts allotted for a timely payment or payment structure, is voided. Approved payment method for websites that have been disabled is a cashier’s check drawn on a US bank account or a deposit directly in to our business bank account. Credit cards nor checks will be allowed as payment.
Products: Any products we provided you are no longer to be used for we own the copyright until services rendered are paid in full. Once payment has been made in full, your product is now yours to use. This action is only taken when the customer has failed to adhere to our payment policy. Should we be forced to take action regarding the use of our copyrighted products, all previous discounts allotted for a timely payment or payment structure, is voided. Approved payment method for non payment and failure to adhere to our payment policy, is a cashier’s check drawn on a US bank account or a deposit directly in to our business bank account. Credit cards nor checks will be allowed as payment.
Until the contract is paid in full, all materials remain property of *LSE/JJC.
Please read more about our policy below.
We have never had to turn to this method for all our customers have always happily taken care of payment due, which we really appreciate.
My Hourly Rate
My hourly rate is $65.00 (this is pretty standard in the graphic & web industry, some other charge $75+)
Note: I don’t always charge this hourly rate, for me it depends on the cost of the project and what it entails, it is also how I base my pricing, which my pricing is pretty standard if not a little cheaper then most graphic design companies.
REVISIONS AND AUTHOR ALTERATIONS
Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, by email. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged, in writing or in the package agreed to in advance. If a base package is agreed upon, however the revisions and requests exceed this package parameters, the next Client will be notified in advance.
The quotation assumes a reasonable average number of revisions per design item as outlined in the design package, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.
(Note: Spelling errors are not considered a revision and are no charge to fix)
I give 2 revisions free, it is an additional $24.95 per revision there after. (Revisions include , changing and moving of sentences, coloring changes, etc., any change limited to actual design changes)
Design changes are $45.00 limited to an hour, if exceeds an hour it is $45.00 every hour there after.
Any revision after a project has been a proved: $45.00hr – (1 hour min).
Design changes after a project has been approved $65hr – (1 hour min).
TIMEFRAME AND DELIVERY
*LSE/JJC will provide the initial draft concepts to the Client within the timeframe agreed upon in the initial consultation. Please note that if we are experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. *LSE/JJC will post the initial designs in an email or to a web site for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design.
*LSE/JJC will analyze the Client’s feedback and revise the designs. The revised samples will be presented to the Client within the specified timeframe. Regular working days are Monday through Friday, 8:00am – 5:30pm, Saturday 9:00am to 1:00pm pacific standard time, excluding US holidays. *LSE/JJC will continue the revision process as per the terms of the specific contract, until Client is satisfied. Once the Client has approved the final design, the Client will complete any remaining payment owed, and *LSE/JJC will then proceed with the delivery phase. All requested formats of the approved design are then emailed or posted to the client download area for the Clients use.
Rush Orders are generally based on 25% of the product price. My turn around time is pretty standard, 2 to 4 days depending upon the size for the project. If you are in need of your product quicker then our standard turn around time, please contact us to see if rush is available of your project.
Should the project be cancelled before completion, payment will be due for any completed work minus the deposit amount. If we have provided you with a design and product has yet to be approved, product must be paid for which we will still provide final proof based upon your revisions.
Our business hours are between 8:00am to 5:30pm Monday – Friday and Saturday 9:00am to 1:00pm pacific standard time. If you are paying for a rush order, we can be available to you which on off hours which we will provide you with the extra hours we can be contacted.
ALL communication will be done via email. It is quick, free and I like to keep a written record of our conversation. No design enquiries or revision requests will be taken via telephone.
Additionally, if I do not hear from you for 20 consecutive days, your project will be cancelled, your deposit will not be refunded and no design files will be released.
Confidentiality and Ownership
All work created for the client and any concepts discussed are kept confidential. Upon completion of work and payment received, the client owns all artwork that the designer has created specifically for the client. If payment has not been received, we own all rights to our designs and products may not be used in any way.
Reproduction of work
The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the client will be given any necessary credit for usage of the project elements.
The client may not alter the final logo design in any way, except to change its size for printing or digital display. If changes need to be made, *LSE/JJC may be contacted to make required changes for an additional fee.
Web Design Having designed your web site, performed updates, or any other actions, we reserve the right to turn off the website (remove coding, use a kill switch, or take down all content and work we provided), until payment in full has been made for said services (including any additional products or services which we provided you). Any products we provided you are no longer to be used for we own the copyright until services rendered are paid in full. Once payment has been made in full, your website will be turned back on or put back in its previous state. This action is only taken when the customer has failed to adhere to our payment policy. Should we be forced to turn off a website, all previous discounts allotted for a timely payment or payment structure, is voided. Approved payment method for websites that have been disabled is a cashier’s check drawn on a US bank account or a deposit directly in to our business bank account. Credit cards nor checks will be allowed as payment.
We have never had to turn to this method for all our customers have always happily taken care of payment due, which we really appreciate.
Prices: All prices on this website are subject to change at any time without prior notice.Terms and Conditions are subject to change at any time without any prior notice.
COPYRIGHT / TRADEMARKS
The Client unconditionally guarantees that any element of text or graphics furnished to *LSE/JJC for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect *LSE/JJC from any claim or suit arising from the use of such as furnished by the client.
*LSE/JJC makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, *LSE/JJC holds no liability and is limited only to a refund of the paid amount. *LSE/JJC will do no research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. *LSE/JJC and it’s employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
US Copyright laws permit ownership of final product and design to belong to the designer, *LSE/JJC unless otherwise agreed upon. The client is restricted from editing designs completed by *LSE/JJC and use of the design and file is limited to that originally intended. The exception being FINAL logo design. Concepts are also the ownership of *LSE/JJC regardless of design type.
Until the contract is paid in full, all materials remain property of *LSE/JJC.
*LSE/JJC retains the right to display the artwork in their corporate portfolios and marketing materials.
All concepts furnished to the client are for client review and comment purposes only. *LSE/JJC retains exclusive copyright and ownership of all design and draft materials.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. *LSE/JJC reserves the right to utilize and/or reproduce any image, logo or illustration created by *LSE/JJC in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. *LSE/JJC retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.
PRINTING, DELIVERY AND THIRD PARTY INVOLVEMENT
*LSE/JJC can and may provide information to the Client about print solutions that compliment the projects needs to the best knowledge of the designer. *LSE/JJC is not responsible for price discrepancies advertised by third party companies. This includes product specifications, rush order and special order pricing, and delivery costs associated.
*LSE/JJC is not responsible for a third company’s failure to deliver in the parameters set out by said company. This includes delivery time; product availability; print error; damage incurred due to shipping; and other unforeseen issues.
All concerns can and will be expressed by the designer to the third company association, but are not responsible and take no fault for failure to deliver on consented parameters. Payment must be made for said project and may not be withheld because of printer error.
If there has been no activity initiated by the client on a contract in 30 days, but the client has been responsive to status requests by the project manager, said contract will be classified as “inactive”. Inactive contracts are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to
re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise). Any credits (hourly or otherwise) granted to the client’s account are valid and redeemable at any time pending *LSE/JJC availability, until a period of six months has passed, at which point all credits are considered null and expired.
After 14 days, a late payment charge of 5% per month is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 30 days, or if the customer’s payment is charged back to us by way of credit card fraud, check fraud or other crime, we will issue one final notice before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. Refusing to pay your bill is theft, and we take it very seriously. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will revert to *LSE/JJC. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
If a client should abandon a project or contract after work has commenced, an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned contracts in cases where the client is non responsive are also subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
JOBYJOHN.COM WEB SITE
Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of JOBYJOHN.COM web site All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on the JOBYJOHN.COM web site is copyrighted to *LSE/JJC. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners. This does not include our client hidden page for viewing product designs, etc., we retain the copyright till products have been paid in full.
Designs, original art and clip art presented by *LSE/JJC are for the use of the authorized client. All art, images, designs, and material are copyright of *LSE/JJC nd may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of *LSE/JJC and the images contained within.
YOUR CONSENT TO THIS AGREEMENT
*LSE/JJC reserves the right to amend these terms at any time. Should it happen that a client’s own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of *LSE/JJC.
Legal Disclaimer: This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing, description and availability, may be changed or updated without notice. *LSE/JJC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if *LSE/JJC believes that customer conduct violates applicable law or is harmful to the interests of *LSE/JJC and its subsidiaries. Any court actions must be lodged in North Las Vegas, Nevada. Customer is responsible for court fees, attorney fees and any additional cost incurred from any said court action against *LSE/JJC. Charge backs filed that violate our store policy or with fraudulent intent, will be pursued in a court of law for additional damages and losses. Credit card rulings do not supersede our policies. By purchasing through our store either online or by phone, you are agreeing to our terms and conditions. If you do not agree to our terms and conditions, please do not purchase products through *LSE/JJC. *LSE/JJC Policy is subjected to changes without notice. All updates supersede previous Web Site Policy statements.
Terms and Conditions
Websites, Domains & Hosting
Last modified: Jan 1st, 2020
These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by LostSoulEntertainment.com Solutions Inc. (“LostSoulEntertainment.com”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between LostSoulEntertainment.com and the individual or entity who subscribes to our service (“Subscriber” or “you”).
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. LostSoulEntertainment.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that LostSoulEntertainment.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
LostSoulEntertainment.com may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): https://lostsoulentertainment.com/terms-policy/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
LostSoulEntertainment.com offers Subscribers domain name registration, website hosting, and email hosting services for the duration of the service term purchased from LostSoulEntertainment.com .
Services are provided on the basis of facility and equipment availability. LostSoulEntertainment.com reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Access to the web and email servers is terminated upon expiry of the Service.
3. Web Hosting
All LostSoulEntertainment.com web hosting accounts will display a “Coming Soon” web page by default when activated and your website is being built. This page informs visitors that the Subscriber has recently setup their account with LostSoulEntertainment.com . The “Coming Soon” web page may include, but without limitation to, the following:
Links to additional products and services offered by LostSoulEntertainment.com .
Advertisements for products and services offered by third-parties.
An internet search engine interface.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default LostSoulEntertainment.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
Links to additional products and services offered by LostSoulEntertainment.com.
Advertisements for products and services offered by third-parties.
An internet search engine interface.
At its sole discretion, LostSoulEntertainment.com may place our logo on the bottom footer of the customers website for advertising purposes.
Depending on which hosting plan you choose, you may request to change the billing term from monthly to yearly. Please contact us to make changes.
If your hosting plan includes a free domain name, you will be required to pay a fee to reimburse LostSoulEntertainment.com for the domain name registration upon changing to another hosting plan or a billing term that does not include a free domain name. The amount of this fee will vary depending on the domain extension and on the registration term.
All LostSoulEntertainment.com web hosting services, including service trials and promotional hosting offers, and our billing terms may be prorated and adjusted to expire on the last day of a month.
All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice. LostSoulEntertainment.com is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.
In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate.
LostSoulEntertainment.com email service provides customers with the capability to send and receive email via the Internet. LostSoulEntertainment.com retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Subscribers and to protect our computer systems.
As an owner and operator of the equipment and other resources utilized to provide services, LostSoulEntertainment.com has the legal right to block electronic communications from other entities on the Internet.
LostSoulEntertainment.com relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Subscribers. You acknowledge that as part of your LostSoulEntertainment.com Service, advertisement sponsored email newsletters may be sent to Subscribers and LostSoulEntertainment.com email service email accounts.
5. Definition of Unlimited Usage
What “Unlimited” means: LostSoulEntertainment.com does not set an arbitrary limit on the amount of resources an account can use.
What “Unlimited” DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.
Reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice.
LostSoulEntertainment.com’s “Unlimited” services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by LostSoulEntertainment.com administrators and anti-abuse controls. These Subscribers will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.
6. Domain Name Registration
LostSoulEntertainment.com offers domain name registration purchases for customers of which renewal services with Godaddy.com and Bluehost.com who are ICANN accredited registrars In2net Network Inc, Tucows, and Network Solutions. LostSoulEntertainment.com processes registration and renewal services through these respective registrars at its discretion.
You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer or renewal of the registration. LostSoulEntertainment.com is authorized to deny any such transfer requests.
You acknowledge and agree that LostSoulEntertainment.com may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name.
Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Subscribers may choose to opt in or out of the Automatic Domain Renewal service via your account control panel.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.
Subscribers who have purchased their domain name registration at a promotional price are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchased registration term.
Subscribers who wish to transfer their domain name registration to another domain name registrar while the registration is expired are also subject to a Domain Transfer Fee.
The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.
General Domain Transfer Fee (.com, .net, .org, .biz, .info, .mobi, .us, .eu, .me) US$20.00
Special Domain Transfer Fee (.co, .uk, .tv) US$35.00
In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries.
7. Service Fees / Payments / Invoices
All LostSoulEntertainment.com fees and charges are quoted and billed in US Dollars unless otherwise noted.
LostSoulEntertainment.com uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All customers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, LostSoulEntertainment.com may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
LostSoulEntertainment.com may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Invoices for all LostSoulEntertainment.com services will be sent to your email.
Billing inquiries and disputes should be brought to LostSoulEntertainment.com’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Website.com reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.
Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).
Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.
LostSoulEntertainment.com reserves the right to modify service fees and rates, effective upon posting on the LostSoulEntertainment.com website or on this Agreement. Current service charges include the following (non-exclusive list):
-Account Reactivation Fee Per Website US$15.00
-Chargeback Service Charge US$25.00
-Reactivation Fee (TOS Violation) US$25.00
-Refund Processing Fee US$15.00
8. Definition of “No Transaction Fees”
LostSoulEntertainment.com does not charge you any fees relating to the processing of transactions under your account (“Transaction Fees”). However, your selected payment processor, such as PayPal or Stripe, may still charge you Transaction Fees for each payment you receive. You will be solely responsible for any such Transaction Fees.
9. Termination / Plan Change / Refund Policy
LostSoulEntertainment.com may terminate your Service under the following circumstances (non-exclusive list):
Non-payment of fees
You are in breach of any term or condition of this Agreement
Your use of the Service disrupts LostSoulEntertainment.com business operations or affects any other party
All Subscriber data is removed from LostSoulEntertainment.com servers for such terminations.
You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone, email or our contact form on LostSoulEntertainment.com. Our contact form and contact information can be found at the bottom of our website LostSoulEntertainment.com.
All customers receive our special sale pricing when purchasing a website from us. With the sale pricing our customers use our hosting for a minimum 2 years from the purchase date. When submitting your cancellation request before 2 years time for websites built by LostSoulEntertainment.com, you the customer will be responsible for issuing payment for the remaining balance of your websites standard pricing before having it moved. We do offer a service to move your websites to another host if need. please contact us for pricing.
Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc. You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:
If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
If you cancel your account within 45 days of a hosting service renewal, you will, upon request, receive a full refund on the hosting fees paid on your most recent renewal. You will be subject to a US$15.00 Refund Processing Fee for this refund.
If you cancel your account within 14 days of a hosting plan change, you will, upon request, receive a full refund on the hosting fees paid on your most recent hosting plan change, less any setup fees or one-time service fees. You will be subject to a US$15.00 Refund Processing Fee for this refund.
If your hosting plan includes a free domain name, you may be required to pay an additional US$15.00 Domain Reimbursement Fee to reimburse Website.com for the domain name registration when you do any of the following:
You cancel your subscription to the hosting plan.
Your subscription to the hosting plan ends.
You make changes to your DNS settings.
You transfer the domain name to another domain registrar.
Only one refund may be issued for each invoice. LostSoulEntertainment.com reserves the right to grant or deny any refund requests.
Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.
10. Customer Responsibility
When you use LostSoulEntertainment.com hosting services, we take care of all website updates, design changes for you. If a customer receives login info to their website they will be given their own Admin Sign In Credentials. The Sign in Credentials are the means through which you access your website. You acknowledge and agree that it is your responsibility to safeguard the Sign In Credentials you select from any unauthorized use. IN NO EVENT WILL LostSoulEntertainment.com BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SIGN IN CREDENTIALS, USER NAME OR PASSWORD.
Customers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated by contacting us.
11. Prohibited Conduct
LostSoulEntertainment.com does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the LostSoulEntertainment.com network or promoting information on websites hosted by LostSoulEntertainment.com will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with US laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content, and behavior prohibited by the Service:
– Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
– Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
– Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Website.com account will result in immediate account suspension.
– Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
– Content or otherwise that exploits children under 18 years of age.
– Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
– Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
– Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
– Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
– Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any LostSoulEntertainment.com service, solution or technology.
– Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).
You agree that, unless other instructions are posted on LostSoulEntertainment.com’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for LostSoulEntertainment.com posted on the LostSoulEntertainment.com website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Email newsletters will only be sent directly by LostSoulEntertainment.com. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by LostSoulEntertainment.com’s designated customer review software provider for customer experience and service feedback.
14. Reservation of Rights
LostSoulEntertainment.com reserves the right and sole discretion to:
– Censor any website hosted on its servers that is deemed inappropriate.
– Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
– Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
– Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against LostSoulEntertainment.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
– Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that LostSoulEntertainment.com determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
– Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
15. Limitation of Liability
The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. LostSoulEntertainment.com makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. LostSoulEntertainment.com is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by LostSoulEntertainment.com.
In no event will LostSoulEntertainment.com be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
LostSoulEntertainment.com, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall LostSoulEntertainment.com be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold LostSoulEntertainment.com, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse LostSoulEntertainment.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
17. Force Majeure
LostSoulEntertainment.com will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
18. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
19. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, US laws.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Clark County, North Las Vegas, NV. for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
20. Age of Majority
LostSoulEntertainment.com does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
22. Entire Agreement
This Agreement, as may be updated from time to time and posted at https://lostsoulentertainment.com/terms-policy/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.