Terms & Conditions

Welcome to www.mywebdesigncompany.com, the place to get a design for your web-site. The mywebdesigncompany service is owned and operated by MWI, Inc.14183 S. Minuteman Drive, Suite 201Draper, UT 84020. This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the Services of www.mywebdesigncompany.com. By using or visiting the www.mywebdesigncompany.com (“we", or “us” or “mywebdesigncompany.com” or  “mywebdesigncompany” or “My Web Design Company” or “Website” or “the site” or “service” or “Service”), you accept and agree to be bound by the following terms of use (the "Agreement"). In case you do not agree with any of the terms or conditions, you should stop using the site immediately. The Agreement includes the Privacy Policy and any notices regarding the Website or the Service sent to you or posted on the Website. In addition you (“you” or “buyer” or “customer”) will also comply with any law applicable to the use of this site. Any terms or conditions may be modified by us at any time without prior notice. All such modifications will be effective upon posting on the Website, and any use by you of the Website or the Service after such modifications will constitute your agreement to the modified terms. You should therefore regularly review these terms and conditions.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You are required to open an account with us before you can avail of the services of mywebdesigncompany.com. You will be required to provide some information to enable us to identify and contact you. You agree to provide correct and upto date information in all the fields. You are responsible for updating this information from time to time. You are aware that lack of up to date information about yourself may affect services offered by the contractors or by the website.

You will not use any other person’s account, nor will you permit anybody to access your account. You also agree that you will not submit any false/misleading or incomplete information to mywebdesigncompany.com or attempt to impersonate anyone. Any attempt to do so may result in cancellation of your account/membership with the mywebdesigncompany.com and/or appropriate legal action including, but not limited to, for restraint or recovery of loss or damages.

The information provided by you may be used for business purposes and also for conveying information/offers to you. You acknowledge, consent and agree that mywebdesigncompany may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of mydesigncompany, its users and the public.

 My Web Design Company is a subsidiary of MWI, a high end custom web design company. As MWI's website was catering to the higher end customers for web-designs costing more than $15,000, My Web Design Company was created to meet the requirements of smaller businesses with a smaller budget. The aim of My Web Design Company is to offer high quality custom-made websites at comparatively lower prices.

 Mywebdesigncompany offers services for designing and creating web-sites. The present services include the following the different packages which offer you varying options of number of designs to choose from :

 You may buy one of the three available packages—

 (a)Package #1  Price: $2,500           -       1 design concept, 1 round of revisions, 1 photo.

   (b)Package #2   Price: $3,500          -        2 design concepts, 2 round of revisions, 2 photos.

   (c) Package #3  Price: $4,500            -        3 design concepts, 3 round of revisions, 3 photos.

Once you have selected the package, we will send you design options to choose from. The number of options offered to you by the mywebdesigncompany depends on the package you have selected. For example, in the package costing $2500, only one option will be given to you. Similarly, the package costing $3500 allows you to choose from 2 design concepts, and package costing $4500 gives you three options of design concepts to choose from.

On having selected the design concept, you will have one to three rounds of revisions based on the web design package you have chosen. For example, in the package costing $2500, you get one opportunity to revise the concept by suggesting changes in colors, menu items, photos, content, etc. Similarly in the packages costing $3500 and $4500, you are allowed two and three revisions respectively.

Once the web design has been finalized and revisions finished we will change the .jpg design into a working HTML/CSS file. It will be coded using the latest web standards and be compatible with all major web browsers.

In addition, you may also choose one or more of the following optional services:

  1. Web Hosting Setup & Configuration (does not include third-party web hosting fees) for Price: $150
  2. Input Content (up to 20 pages) Price: $500

You can also opt for a custom designed web-site for $9,999.

All packages, options or schemes or rates of payment are subject to change without notice at the sole discretion of mywebdesigncompany.

You are required to make 100% upfront payment for the services of mywebdesigncompany including but not limited to any packages, Web Hosting Setup & Configuration, Input Content etc for which you contract. The services will commence only after the payment in full has been received. The expression “services” includes any discussion regarding your proposed web-site. Such payments are required to be made through credit cards or any other mode of payment allowed by mywebdesigncompany.

You are also required to convey your decision about the design concept selected by you within 15 days or within any other time limits specified by mywebdesigncompany. You agree that Mywebdesigncompany will have the sole right, including but not limited to, levying extra charges or canceling the contract at your risk and cost in case you fail to convey your choice of concepts or suggestions for the allowed number of revisions within 15days or within any other time limits set by mywebdesigncompany. If customer does not respond within the specified it will be assumed that the work is accepted and the work may progress further towards without waiting for any further communication from the customer.  Mywebdesigncompany will also reject or refuse to take cognizance of any suggestions beyond these time limits, or may impose extra or penal charges. Decision of mywebdesigncompany in these regards shall be final and binding.

Mywebdesigncompany may in its sole discretion limit the scope of changes/modifications permitted in the course of revisions allowed to the buyers including but not limited to (i)  the specific changes (ii) areas, or (iii) the extent of changes. Mywebdesigncompany tries to complete high quality designs for its customers at a very low prices. It is therefore it is incumbent upon the customers to provide appropriate and definite information for all the design work. While our designers will try to accommodate any requests for change/modifications during the revisions, however mywebdesigncompany may need to charge for any changes and or modifications which in its sole discretion could have been avoided by due diligence on the part of the customer or which put extra burden on the resources of mywebdesigncompany. Decision of mywebdesigncompany, about the scope of changes permitted during the revisions or the amount of extra payment to be levied, shall be final and binding. In the case of failure of a customer to pay such charges, mywebdesigncompany will have the discretion to cancel the contract and take action for recovery of such dues.

Mywebdesigncompany reserves the right to refuse service to any customer, or to discontinue such service even if it has been commenced and/or  payments for the same received by  mywebdesigncompany, if these customers are not aligned with our business operating principles and policies, or if their content design or intent appears to be offensive or inappropriate including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Decision of mywebdesigncompany in this regard shall be final and binding. Any termination of contract or discontinuation of services will be solely at the risk and cost of such customer.

PAYMENT MADE TO MYWEBDESIGNCOMPANY WILL BE ENTERTAINED. Mywebdesigncompany reserves the right to, including but not limited to, taking all necessary legal steps to recover any dues on account of any service of any kind rendered by mywebdesigncompany or its associates.

The materials used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of mywebdesigncompany or its affiliates or licensors and are protected by copyright, trademark and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of mywebdesigncompany or the appropriate affiliate.

A search using links on mywebdesigncompany may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. Mywebdesigncompany is in no way responsible for anything you may find on any other web-sites. We also cannot guarantee accuracy or correctness of any information found there. You also enter into any business or other transactions while on any other sites totally at your own risk. You are therefore advised to study the terms of service or use and Privacy Policy of each  site that you visit.

You will not use the mywebdesigncompany.com to post or convey any inappropriate or offensive material. Anything including but not limited to vulgar, obscene or having racial color or intended to harass somebody falls within the definition of inappropriate.

All the content on  mywebdesigncompany.com is copyright of MWI, Inc.14183 S. Minuteman Drive, Suite 201Draper, UT 84020. You cannot copy or download any material from the web-site without a general or specific permission of mywebdesigncompany.com.

THIS SITE IS PROVIDED BY MYWEBDESIGNCOMPANY.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYWEBDESIGNCOMPANY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES REGARDING THE SKILLS OR REPRESENTATIONS OF SERVICE PROFESSIONALS OR THE QUALITY OF JOB OR  OF MERCHANTABILITY AND FITNESS OF ANYTHING FOR A PARTICULAR PURPOSE. MYWEBDESIGNCOMPANY.COM. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MYWEBDESIGNCOMPANY.COM.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYWEBDESIGNCOMPANY.COM. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

BY USING THE MYWEBDESIGNCOMPANY.COM, YOU AGREE TO RELEASE AND INDEMNIFY MYWEBDESIGNCOMPANY.COM (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY LIABILITY, DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH CONTRACTORS.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL MYWEBDESIGNCOMPANY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

YOU WILL INDEMNIFY AND HOLD MYWEBDESIGNCOMPANY, ITS LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND CONTRACTORS (THE "INDEMNIFIED PARTIES") HARMLESS FROM YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR ANY OTHER TERMS, CONDITIONS, POLICIES OR PROCEDURES CONTAINED ON THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS AND CONDITIONS. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE WEB SITE.

NO FAILURE OR DELAY ON THE PART OF MYWEBDESIGNCOMPANY TO EXERCISE ANY RIGHT OR REMEDY HEREUNDER SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY RIGHT OR REMEDY BY APDA PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT OR REMEDY. NO EXPRESS WAIVER OR ASSENT BY APDA TO ANY BREACH OF OR DEFAULT IN ANY OF THESE TERMS AND CONDITIONS SHALL CONSTITUTE A WAIVER OF OR AN ASSENT TO ANY SUCCEEDING BREACH OF OR DEFAULT IN THE SAME OR ANY OTHER TERM OR CONDITION HEREOF.

You agree to settlement of all disputes or claims of whatever nature however relating to any provision of this Agreement or to any service provided by this web-site through confidential final and binding arbitration in Draper, Utah. You also agree that no claim shall be entertained beyond one year of the cause of action.

In any dispute, laws of Utah apply and only the Draper, Utah courts will have jurisdiction in any matter involving this agreement or services provided by this web-site. Under no circumstances shall mywebdesigncompany.com be liable for more that $100.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Agreement will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

These Terms of Service constitute the entire agreement between you and mywebdesigncompany.com with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.