Terms & Conditions
We take your business seriously. We hope you'll do the same for us.
If you engage Glow Virtual Web Services (here on referred to as ‘Glow VWS’), you expressly agree to the following standard terms and conditions. If you host your website with Glow VWS, you also agree to our Web Hosting Terms of Service.
- Provision of the Services: All of our services are provided under these Terms and Conditions. Glow VWS reserves the right to add, modify or discontinue any of its services or its features temporarily or permanently, without notice or liability to you. However, such changes in the terms shall be notified to you by posting the revised Terms on the website. You will be deemed to have accepted any change if you make an enquiry after the revised Terms have been posted. Once you have submitted an online order form giving details of your enquiry, you will be contacted by Glow VWS to request any additional information, and to provide a cost estimate and/or to confirm that the service can be carried out according to your specifications. Once we agree on the scope of the project/task, the timelines and the fees, we will assign an assistant/team to this engagement, subject to these terms and conditions.
- Obligations: You agree to provide accurate, current, and complete information to Glow VWS and inform us promptly of any changes in requirements or information. You will provide regular and timely feedback and review through the entire term of the project. If such communication is not timely or forthcoming, within the period agreed to between us, due to which the project extends beyond the term of the agreement, then Glow VWS will charge you for the additional hours as per the agreed rate. Glow VWS will not be liable to bear any loss or pay any compensation for such delays.
- Payment: You will pay Glow VWS as per the Pricing Plans given below. Glow VWS will advise you prior to exceeding any initial fee estimate that is given to you, and any additional charges will be subject to your approval. If you do not approve of any additional charges exceeding the initial fee estimate, you will have the option to limit the scope of the engagement. If you need assistance on weekends or holidays, we will charge you 1.5 times our agreed rate. All payments will be made in US funds. Glow VWS promises to complete all work by the agreed-upon date, subject to approval and receipt of all materials from you. All final payment shall be due on agreed-upon date, regardless of any delays for which you are responsible. However, if Glow VWS is delayed due to circumstances beyond its control, contract completion and required final payment will be postponed to a new agreed-upon date. At that new date, all fees will be due.
- Subscription Plan. Payment in advance for the initial selected term is required before work will commence. Thereafter Glow VWS will send you an invoice in the third week of every month, payable within 7 days of receipt of invoice. Work continues only if the payment is received in time before the next month begins.
- Project Plan. Payment of 50% in advance before the start of the project and payment of 50% at the end of the project.
- Bundled Service Plan. Payment in full is required prior to commencing the project, with the exception of web design packages. Web design packages require 50% payment in advance before start of project and balance due upon completion, prior to the website going “live”.
- Hourly Plan. Payment is due upon completion of work by credit card authorization on file.
- Subscription Plan. Payment in advance for the initial selected term is required before work will commence. Thereafter Glow VWS will send you an invoice in the third week of every month, payable within 7 days of receipt of invoice. Work continues only if the payment is received in time before the next month begins.
Except for the Hourly Plan, it might take us 1-5 working days, depending on resource availability, to start your project once we receive advance payment. Advance money is not refundable, with the exception of Bundled websites or Project websites. For these exceptions, if you halt work and apply by registered letter for a refund within thirty (30) days of date of contract, work completed shall be billed at the hourly rate in the contract, deducted from the initial payment, the balance of which shall be paid back to you. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, you shall be liable to pay for all work completed at the hourly rate. No portion of this initial payment will be refunded unless written application is made within thirty (30) days of signing the contract.
- Disclaimer: Under no circumstances shall Glow VWS be held liable or responsible for any loss of business, monetary loss and others that may be suffered by you due to any decisions taken you on inputs provided by Glow VWS. You agree to indemnify and hold Glow VWS and its employees and consultants, harmless from any loss, claims, liability, damages or costs incurred during your business operations or based on the infringement of any intellectual property rights or proprietary right of a third party.
- Operation of Your Website. This provision pertains to events interrupting the operation of your website which are not attributable to, or beyond the control of, Glow VWS. Glow VWS does not guarantee that the functions contained in the web pages or the web site will meet the your requirements or that the operation of the web site will be uninterrupted or error-free. In no event will Glow VWS be liable to Client or any third party for damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any web pages, even if Glow VWS has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Independent Contractor: Glow VWS is and will remain an independent contractor in its relationship with you. Nothing in these terms and conditions shall be deemed to have created a partnership, or joint venture partner or a contract of employment between Glow VWS and you.
- Further Documentation: If any other agreements are necessary to enforce the intent of this document, both parties agree to execute such provisions or agreements upon request.
- Force Majeure: Glow VWS shall have no liability for any failure beyond its reasonable control and without its fault or negligence including, but not limited to, acts of God, severe weather etc.
- Copyrights and Trademarks. You represent to Glow VWS and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Glow VWS for inclusion in the web site are either owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Glow VWS and its sub-contractors from any claim or suit arising from the use of such elements furnished by you.
- Copyright to Website: All work is copyrighted and the sole property of Glow VWS until final payment is received, at which time rights and ownership to the website design, graphics, and text are transferred to you. Copyright to items provided by others (e.g. photos, graphics and other elements), under license or permission, remain the property of their respective owners. Copyrights to computer programs remain with their copyright holders. We reserve the right to use content and images from the website for our portfolio, and to display accreditation for our work on your website. Glow VWS and its sub-contractors may copy and display the elements of this web site in their portfolios, and you give us a limited license to the website for that purpose only.
- Severability: Glow VWS shall perform all services strictly in accordance with these terms and conditions and shall conform to all applicable laws of the State of Oregon. If any of these standard terms and conditions are held to be unenforceable or against public policy, by an competent Indian court, then that term alone shall be removed from this document and the remainder of these standard terms and conditions shall be deemed in full force and effect.
- Collection of Fees. In order for Glow VWS to remain in business, payments must be made in a timely manner. If an outstanding balance remains delinquent thirty (30) days after its due date, an additional accruable 5% penalty will be added for each month of delinquency. In case collection proves necessary, you agree to pay all fees incurred by that process. Regardless of the place of signing of this agreement, you agree that for purposes of venue, work with Glow VWS was entered into in Portland, Oregon, and any dispute will be litigated or arbitrated in Portland, Oregon. Please pay on time.
These terms, together with the scope of work and fee schedule (to be sent to you after discussion), and/or, in the event of a custom project, the Project Contract, sets forth the entire agreement and understanding between the parties relating to the subject matter and supersedes all prior discussions or writings between the parties.
