These terms of use apply to all products and services created or supplied by Natural Selection Web Design, LLC (Natural Selection). Use of our website, products and/or services constitutes as your agreement to be bound by these terms. If you do not agree you must discontinue the use of this site and its associated products and services provided.

Natural Selection offers web related products and services including design, development, consulting, Joomla extensions, training and support services.

 

Support Services

 

Concierge Support

Our Concierge Support service is a pre-paid monthly support plan, with a fixed number of hours per month. All time must be exhausted within the 30 day cycle. Time is not cumulative nor does it "roll-over" at the end of the 30 day cycle.

All requests under the Concierge Support service must be made via our ticketing system on https://client.nswd.co/ Requests outside of the ticket system will not be acknowledged.

Limitation of Liability

It is your responsibility to take backups of your website. In no event shall Natural Selection or it’s employees be held liable for any indirect or direct damages, loss of profit or revenue, or loss of data even if advised of the possibility of such damages. If you provide access to Natural Selection or its agents to your website you do so at your own risk. Natural Selection offers consultations, advice, guidance and recommendations in good faith.

Account Termination

Non-payment of subscription fees, failure to provide accurate billing information and participating in any activities outlined in these terms and conditions may result in account termination, without notice or refund.

Support plans are typically in increments of 3, 6 or 12 month periods and will convert to a month-to-month plan unless you request cancellation, in writing, at least 30 days prior to the renewal date.


Extension Sales

When you make an Extension purchase you are purchasing download access and support for a six month period. During subscription term you will have access to any updates and ticket support. After the subscription period expires you will lose download and support access unless you decide to renew your subscription.

Support is only provided for our commercial extensions.

Support does not include custom modifications or custom extension development. If you need a function that is not advertised as an included feature we can develop a version to suit your needs as a custom project. If you need a custom module please submit a quote request and we will provide a quote.

You may not share your login details with other others. Any account found to be shared and accessed by someone other than the purchaser may be subject to cancellation without notice or refund.


Consulting Edition Support

Consulting services are provided on an hourly basis. All consultations will take place during normal business hours unless agreed upon in advance using email, telephone and/or Skype chat. If you require require on-site consultation you will be responsible for all reasonable travel expenses.

In no event shall Natural Selection or it’s employees be held liable for any indirect or direct damages, loss of profit or revenue, or loss of data even if advised of the possibility of such damages. Natural Selection offers consultations, advice, guidance and recommendations in good faith. Ultimately you are responsible for the management, decisions and actions of your business.


Design Services

Quotes will be provided for all design and custom development projects. All quotes will be honored for duration stipulated on the quote. No quote will be valid longer than 14 days from date of issuance.

A contract will be provided through EchoSign and must be digitally signed and returned before any work will commence. Please take time to read the entire document so you are fully aware of the binding agreement being made.


Hosting Services

Natural Selection offers hosting on Linux servers. Hosting service is provided in various plans. All plans are on a reoccurring subscription basis. Hosting is subject to our Acceptable Use Policy.


Security Scan Service

Natural Selection's Security Scan Service automatically scans your Joomla site for known and common security issues. If any issues found we will make our best attempts to resolve them. If fixing issues require more than an hour of time we will issue a quote to implement a fix.

If your site becomes hacked, and you subscribe to this service we will restore your site and remove the vulnerability at no additional cost unless it was due to an vulnerable extension you failed to keep updated.

In no way does this service offer a guarantee of preventing a site from becoming hacked. It only adds an additional proactive layer of protection to help prevent such activities.

 

Payments and Fees

Natural Selection only accepts payments via Credit Card only.

 

Support Service Fees

 Consulting Edition

The Consulting Edition support service requires payment prior to service and can be purchased through our checkout.

Platinum Edition

The Platinum Edition support plan is a six (6) month support plan, billed on a monthly basis. Natural Selection reserves the right to cancel any support plan that is seven days past due. Early cancellation and/or cancellation due to non-payment will be subject to an early termination fee of 25% of the remaining contract value.

 

Design / Development Service Fees

All new projects, under $1,000USD, require full payment prior to the start of development. Projects where the total cost is over $1,000USD will be split into at least 2 payments. An initial deposit will be due prior to the start of development. The deposit will include all licensing fees and 50% of labor costs.

Projects will not be released until full payment is received. Natural Selection retains the right to hold all graphics, account information and project development until payments have cleared our financial institution. Further, Natural Selection reserves the right to modify, disable or revoke any product for non-compliance or if payment is not received on or before their due date(s); which is seven days after the invoice generation date. Natural Selection shall not be liable to you or any third party should we exercise its right to modify, suspend, limit or revoke any product.

Cancelled projects are subject to a cancellation fee of 50% of the total project cost or $500 (Whichever is greater). You are also responsible for all license costs as well as labor up and to the point of cancellation. Upon written cancellation notice, a final invoice will be generated and is due within seven days. Any delinquent accounts may be referred to a collection agency or we may seek legal action for relief.

 

Hosting Service Fees

All hosting plans are billed on a monthly or annual basis. Invoices will be automatically generated and sent to the email address you have on file with us 3 days prior to the renew/due date. Hosting service fees are automatically billed to your credit card of file on the date they are due.

Hosting services will be suspended for accounts that are 7 days past due. After an account is 14 days past due it will be accessed a re-activation fee of $20. If an account is 30 days past due it will be permanently closed and removed from our servers. Access to files and/or email accounts on suspended accounts will not be granted until payment is made in full.

 

Late Fees

All invoices (not including Extensions Subscriptions) that are 14 days past due will be assessed a 10% late payment fee.

Licenses

The following applies for our products


Extensions

All Natural Selection Extensions are licensed under GPLv3.

Modifications

You are allowed to make any changes and modifications to our extensions to suit your needs. It is not permitted to remove the copyright information in the source code, but you may remove any copyright information that may display on the front end of your website. Currently our products do not contain any links visible or hidden that point back to us outside of PHP headers and XML author tags.

We cannot provide support for extensions that were modified unless we completed the modifications. If you need support for an extension you have modified, let us know and we will provide a cost quote.

Distribution / Usage

You are free to use our extensions on as many domains as you wish, however support is limited to one domain per subscription. If you need support for multiple domains please let us know and we can work something out. You are not permitted to share your login information with 3rd parties. If you distribute your subscription login access we reserve the right to terminate your account, without notice or refund.


Web Design/Custom Code

All code distributed by Natural Selection (excluding our extensions) are released under a propiratery license. Distribution, re-use, modifications of our products is not permitted without written consent. All design agreements outline copyrights and licenses.

Refund Policy

Because Natural Selection offers non-tangible irrevocable software products and services we do not offer any refunds. We will always aim to address any concerns that you may have via our support ticket system.

Natural Selection does not negotiate charge-backs. If a charge-back is initiated we will provide evidence and documentation to the card processing company to defend the transaction. You will be billed for any charge-back fees incurred by us.

 

Assignability

It is not allowed to sub-license, assign, or transfer your licenses or our services to anyone.

 

Privacy Policy

Any information submitted by you will be used solely for the purpose of completing transactions, delivering products and services, informing about new product releases and addressing any customer service issues. We will never share or sell your information to a third party.

In the event that Natural Selection Web Design LLC is sold or transferred to another owner, all of your information may be transferred upon final execution of the sale.

 

Warranty

Natural Selection gives no warranty or guarantee for our products in any manner. We cannot give you the guarantee that the products or services will work with all third party extensions. Please be aware of that. We guarantee that all our work is of current standards with the latest software available. We cannot guarantee that they will work with future versions of software.

 

Terms Updates

Natural Selection reserves the right to change or modify current Terms and Conditions at any time with a 30 day notice to it’s users. By creating an account on our website, you fully agree to these Terms and Conditions.