Table of Contents                                                                                                                         
The following Terms and Conditions of Service apply to all products and services provided by RAE-D8 Design.

PRINT DESIGN
WEB DESIGN
HOW IT ALL WORKS
FINAL PAYMENT
DEFAULT
LEGAL RIGHTS AGREEMENT FOR DESIGN WORK
DESIGN CHARGES
REVISIONS
ADDITIONAL CHARGES
CONSULTATIONS AND REVIEWS IN PERSON

table of contents for hosting services                                                                                                                         
ACCOUNT SETUP/EMAIL ON FILE
TRANSFERS
BACKUPS AND DATA LOSS
CANCELLATIONS AND REFUNDS
RESOURCE USAGE
INODES
BANDWIDTH USAGE
UPTIME GUARANTEE
ARBITRATION
DISCLAIMER
DISCLOSURE TO LAW ENFORCEMENT

Print Design                                                                                                                                    
RAE-D8 Design creates a breathtaking array of communication design and marketing collateral to brand your company. Having worked with magazines and publishing companies across the country we can provide you with the widest array of marketing collateral. Following are the most common design services we provide for print: LOGO DESIGN AND BRAND IDENTITY, POWERPOINT PRESENTATIONS, AD DESIGN, MAGAZINE AND FLYER DESIGN, MENU DESIGN, LETTERHEAD DESIGN, BROCHURE LAYOUT AND DESIGN, BUSINESS CARDS AND BILLBOARDS.

Our rates are normally $50 per hour for any print design, and some designs with revisions can take up to 6 or more hours, which is why our services are of such great value to your branding and design needs. RAE-D8 Design also provides print services which are delivered directly to your business. These prices vary based on your printing needs.

RAE-D8 Design will provide you with 2-3 comps of your project for you to review and choose from. Please provide us with any specifications or exact needs that you may be looking for as this helps when the initial design process begins. The comps will be provided to you in jpg format for the initial review and revisions process. You can choose from there and then email us at info@raed8design.com with any changes, edits, or comments.

Full payment is required before any print designs are sent to you.

Some of the factors that communicate to us that the print design is being done to your satisfaction and that your payment will not be refunded:
If work has begun on any design and we’ve completed at least 1 revision for you.

If the company closes down or changes their name or activities.

If we do not hear back from you for 30 days after we’ve made revisions to your project. Please contact us if you would like any and all completed files.

If a choice of design is presented, only one solution is deemed to be given by RAE-D8 Design as fulfilling the contract.
All other designs remain the property of RAE-D8 Design, unless agreed in writing that this arrangement has been changed.

Web Design                                                                                                                                    
Building a strong brand is a matter of communicating positive messages about your company in clear and consistent ways. For RAE-D8 Design, that means helping you create a website that is both professional and easy to use. We provide the following web design services: BROCHURE WEBSITES, ECOMMERCE WEBSITES, SEARCH ENGINE OPTIMIZATION & MARKETING, WEBSITE MAINTENANCE PLANS, CONTENT MANAGEMENT SYSTEMS, HIGH END WEB TEMPLATES, WEB HOSTING AND DOMAIN REGISTRATION, E-MAIL MARKETING DESIGN, IDX (PREMIUM REAL ESTATE LEAD CAPTURE AND MLS MANAGEMENT SYSTEM).

RAE-D8 Design will provide you with 2-3 comps of your project for you to review and choose from. Please provide us with any specifications or exact needs that you may be looking for as this helps to factor in when the initial design process begins. The comps will be provided to you in jpg format for the initial review and revisions process. You can choose from there and then email us at info@raed8design.com with any changes, edits, or comments.
At each project milestone, RAE-D8 Design will place your website–in–progress at a location where you can view it online to see how it's shaping up. This will not be within your domain or web address in this stage of the process. However, it will give you the opportunity to see it as it progresses.

At each milestone, you will have the opportunity to make any changes or suggestions.

Once completed and you are 100% satisfied, a final payment is made and the "hand–over" is done, the website is yours.

If you've purchased hosting or a maintenance plan, RAE-D8 Design will perform updates and minor changes per a written agreement. We will outline any additional terms and conditions for any hosting or maintenance plan purchase as needed.

Some of the factors that communicate to us that the web design is being done to your satisfaction and that your payment will not be refunded:

If work has begun on any design and we’ve completed at least 1 revision for you.

If the company closes down or changes their name or activities.

If we do not hear back from you for 30 days after we’ve made revisions to your project. Please contact us if you would like any and all completed files.

If a choice of design is presented, only one solution is deemed to be given by RAE-D8 Design as fulfilling the contract.

All other designs remain the property of RAE-D8 Design, unless agreed in writing that this arrangement has been changed.

How it All Works                                                                                                                             
Upon your decision to use RAE-D8 Design for your design needs, the process begins.

The request for estimate is the beginning of the website design process. This is where we take the information that you provide and send you an estimate for the project.

All your requirements and requests are then written up in a proposal statement for your review. A copy of the written estimate or quotation is to be signed and dated by you to indicate acceptance and should be returned to RAE-D8 Design. Alternatively, you may send an official order in reply to the estimate or quotation which binds you (the client) to accept RAE-D8 Design terms and conditions. No work on a project will commence until either document and initial payment has been received by RAE-D8 Design.

The Proposal Statement will contain all the details of your design including payment milestones when needed.
RAE-D8 Design makes every effort to create a clear and concise Proposal Statement and project outline so that there is little room for misinterpretation. If you want something specifically outlined in the contract, please let us know.

Once everything is agreed upon, the Proposal Statement is signed and a 50% deposit is required. Work begins.

Final Payment                                                                                                                                
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to RAE-D8 Design. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount.

Payments may be made by cash, check, money order or a previously agreed electronic funds transfer. Please note: there may be an additional fee based on the type of electronic funds transfer method used.

Publication and/or release of work done by RAE-D8 Design on behalf of the client, may not take place before cleared funds have been received.

Returned checks will incur an additional fee of $50 per returned check. RAE-D8 Design reserves the right to consider an account to be in default in the event of a returned check.

Default                                                                                                                                              
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. RAE-D8 Design shall be considered entitled to remove RAE-D8 Design and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of the obligation to pay the due amount. Customers whose accounts become default agree to pay RAE-D8 Design reactivation fees for any websites (minimum of $70) and any reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Legal Rights and Agreement for Design Work                                                                                  
Any layouts created and designed by RAE-D8 Design belong to you as long as you have paid for the service. You are free to register your logo under your name or trademark.

Design Charges                                                                                                                             
Charges for design services to be provided by RAE-D8 Design will be set out in the Proposal Statement that is provided to the customer. At the time of the customer's signed acceptance of the Proposal Statement, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until RAE-D8 Design has received this amount.

Revisions                                                                                                                                        
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that RAE-D8 Design holds no responsibility for any amendments made by any third party, before or after a design is published.

If the company closes down or changes their name or activities, RAE-D8 Design cannot be held liable for this and any edits or revisions will be billed at an hourly rate of $75/hr for web design and $50/hr for print design.

Additional Charges                                                                                                                                   
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Consultations and Reviews in Person                                                                                     
RAE-D8 Design will meet with any potential client for a free initial one hour consultation. Any meetings needed in person will be at the discretion of you and us and will be charged at a rate of $75/hr and will be made at a time agreed upon by both parties. Please note: the free initial consultation and all subsequent meetings only apply to clients within a 30 mile radius of our offices in Tucson, AZ. consultations for clients beyond the 30 mile radius will be over the phone.

Account Setup / Email on File                                                                                                    
We will setup your account after we have received payment.  It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Transfers                                                                                                                                                         
Our transfers team will make every effort to help you move your site to us. we cannot make 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. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

please contact a member of the transfers department at info@raed8design.com with specific details to receive a price quote.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of 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 username and password. It is required that you use a secure password.

Backups and Data Loss                                                                                                              
Your use of the service is at your sole risk. RAE-D8 Design is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on RAE-D8 Design servers.

Cancellations and Refunds                                                                                                        
RAE-D8 Design reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time by emailing info@raed8design.com.  RAE-D8 Design gives you an unconditional 45 day money back guarantee on managed shared hosting who paid the first invoice with Paypal.

Violations of the Terms of Service will waive the refund policy                      

Resource Usage                                                                                                                            
User may not:
a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Inodes                                                                                                                                              
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

Bandwidth Usage                                                                                                                          
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Uptime Guarantee                                                                                                                         
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of RAE-D8 Design dependent upon 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 sales@raed8design.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Arbitration                                                                                                                                       
By using any RAE-D8 Design services, you agree to submit to binding arbitration. If any disputes or claims arise against RAE-D8 Design or its subsidiaries, such disputes will be handled by an arbitrator of RAE-D8 Design's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Arizona. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer                                                                                                                                                       
RAE-D8 Design shall not be responsible for any damages your business may suffer. RAE-D8 Design makes no warranties of any kind, expressed or implied for services we provide. RAE-D8 Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by RAE-D8 Design and its employees.

Disclosure to law enforcement                                                                                                  
RAE-D8 Design may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS                                                                                                                     
RAE-D8 Design reserves the right to revise its policies at any time without notice.