Terms of Service

Updated 04-27-2022

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Website Design, Development and other Internet-related services provided by Daytona Website (the "Services"). As used in this Agreement, "Daytona Website" means Daytona Website LLC d/b/a Daytona Website and "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Daytona Website site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Daytona Website Site" refers to the Site located at the URL https://www.DaytonaWebsite.com or any other successor Sites owned or maintained by Daytona Website.

The following terms and conditions apply to all website development / design services provided by Daytona Website to the Client.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, or receives any Services from Daytona Website, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by Daytona Website are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Daytona Website reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Client Review

Daytona Website will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Daytona Website otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

Daytona Website will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Daytona Website receiving initial payment, unless a delay is specifically requested by the Client and agreed by Daytona Website.

In return, the Client agrees to delegate a single individual as a primary contact to aid Daytona Website with progressing the commission in a satisfactory and expedient manner.

During the project, Daytona Website will require the Client to provide website content; text, images, movies and sound files.

Failure to provide required website content:

Daytona Website is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.

If you agree to provide us with the required information and subsequently fail to do within two week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.

Payment

Invoices will be provided by Daytona Website upon completion but before publishing the live website. Invoices are sent via email. Invoices are due upon receipt.

Web Browsers

Daytona Website makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Daytona Website cannot guarantee correct functionality with all browser software across different operating systems.

Daytona Website cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Daytona Website reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Daytona Website's Web space, Daytona Website will, at its discretion, remove all such material from its web space. Daytona Website is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Checks returned for insufficient funds will result in the Client's account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Daytona Website reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Daytona Website in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All Daytona Website services may be used for lawful purposes only. You agree to indemnify and hold Daytona Website harmless from any claims resulting from your use of our service that damages you or any other party.

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Daytona Website the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Daytona Website permission and rights for use of the same and agrees to indemnify and hold harmless Daytona Website from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Daytona Website that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text and graphics will be provided by the Client in electronic format.

Design Credit

A link to Daytona Website will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Daytona Website's portfolio.

Access Requirements

If the Client's website is to be installed on a third-party server, Daytona Website must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

Daytona Website cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by Volusia County, Florida Law.

Liability

Daytona Website hereby excludes itself, its Employees and or Agents from all and any liability from loss or damage caused by any inaccuracy, omission, delay or error, whether the result of negligence or other cause in the production of the web site.

The entire liability of Daytona Website to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Domain Name Registration & Management Agreement

Updated 12-13-2023

As part of the Daytona Website service ("Daytona Website" or our "Service"), Daytona Website LLC ("we", "us", or "our") may register an internet Domain Name on your behalf or may assist you in the inbound transfer of a Domain Name you registered elsewhere ("Domain Name Registration"). By using Daytona Website you are agreeing to this Domain Name Registration & Management Agreement ("Domain Agreement").

ICANN Domain Registrant Information

Domain name registration is governed by ICANN (Internet Corporation for Assigned Names and Numbers). Please review ICANN's Registrant Rights and Benefits and ICANN's Registrant Education Materials .

60-day Transfer Restriction

ICANN applies a 60-day transfer restriction period when you register or transfer a domain name. If we register a Domain Name on your behalf, or if you transfer a Domain Name to us, you must wait 60 days before you can initiate a transfer to another registrar. Any change to the registrant contact information will also lock the domain for transfers for 60 days. For more information, see ICANN's FAQ for Domain Name Holders.

Sponsoring Registrar

Domain names are registered through Namecheap.com. Namecheap is the sponsoring ICANN Accredited Registrar (the "Registrar"). You agree to be bound by the Namecheap.com Terms and Conditions.

Domain Registration and Renewal

The registration of a single Domain Name is provided as a benefit to active Daytona Website account holders. Available TLDs are: .com, .net, .org, .info. Your Domain Name is registered for 1 year and will be automatically renewed on a yearly basis for as long as you maintain an active Daytona Website account. If your Daytona Website account is suspended or cancelled, your Domain Name will not be automatically renewed and will be allowed to expire.

Registration and Renewal Fees

Active Daytona Website account holders are entitled to one free domain registration or domain renewal per year. The fee for any other domain registration/renewal is $30/year for active Daytona Website account holders. We do not provide redemption of expired domains that are beyond the renewal Grace Period provided by Namecheap.

Inbound Domain Transfer

If you transfer a Domain Name to us it will be transferred to Namecheap and Namecheap will become the Sponsoring Registrar. After you transfer the domain to us you must wait 60 days before initiating a transfer to another registrar.

Registered Name Holder

Under this Domain Agreement you acknowledge that you are the legal owner of the Domain Name and are solely responsible for your use of the Domain Name. You are required to provide us with accurate and reliable contact information and must promptly inform us of any changes to your contact details. Public Whois records will show your Name as the domain Registrant, and may also show your Business Name.

Domain Contact Privacy & Proxy

When we register or transfer in a Domain Name, your mailing address, phone number, and email address (your "Contact Information") will be kept private and will not be published in the public Whois database. Under this Domain Agreement, we agree to submit Daytona Website LLC's proxy Contact Information to the Namecheap system, and to update our Contact Information as necessary, in order to manage Domain Name verification and renewal on your behalf, as well as to assist you in resolving issues that may arise in connection with the Domain Name. We will dispatch communications relating to the domain by: i) resolving all registration, renewal, and technical issues on your behalf, or; ii) deleting all communications deemed to be SPAM or marketing solicitations, or; iii) forwarding the communications to you.

Limitations to Domain Contact Privacy & Proxy

Privacy & Proxy services may be terminated immediately upon cancelation or suspension of your Daytona Website account. Pursuant to ICANN policies your Contact Information will also be provided to any party who provides "reasonable evidence of actionable harm" caused by or related to your use of the Domain Name. In addition, your Contact Information may be displayed in the public Whois database without notice when circumstances warrant, including, without limitation: when required to complete a Domain Name transfer; in conjunction with a DMCA request; in conjunction with a legal action or threat thereof.

Domain Management & Communication

We provide full management of the Domain Name Registration. If you require changes to your Domain Name Registration, please contact Daytona Website for assistance. If you wish to manage, or have a third party manage, the Domain Name Registration you must transfer the Domain Name to another registrar. Any required notices regarding your domain will be sent to you via email.

Outbound Domain Transfer

If your Domain Name is available for transfer you may transfer it to another registrar at any time. We do not charge for outbound domain name transfers. Please note that ICANN requires you to wait 60 days after the initial registration or inbound transfer before you can initiate an outbound transfer.

Account Cancellation

Domain Management services are provided to active Daytona Website account holders and are terminated upon cancellation of your Daytona Website account. You are responsible for taking the necessary steps to execute an Outbound Domain Transfer within 30 days of canceling your Daytona Website account. After that 30-day period has expired you may transfer your domain registration away if the domain is still available for transfer, however we cannot guarantee that your domain will still be available for transfer after the 30-day period has expired. If your Daytona Website account is cancelled within 48 hours of its initial creation, your domain registration will be cancelled as well.

Changing Domain Name Spelling

Unfortunately the spelling of a Domain Name cannot be changed after it has been registered. If you wish to switch to a different domain name, a $30 fee will be imposed.

Register Additional Domain Names

We maintain only one single Domain Name registration per customer account. If you need additional domains, you can register them through any standalone domain registrar.

Termination

This Agreement may be terminated by either party by giving one (1) day written notice to the other party. Termination of the Agreement shall not affect your obligation to defend and indemnify Daytona Website LLC under the paragraph titled “Indemnification.”

WARRANTY DISCLAIMER

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT ANY WARRANTY WHATSOEVER ON AN “AS IS”, “AS AVAILABLE”, AND "WITH ALL FAULTS" BASIS. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY DAYTONA WEBSITE LLC.

LIMITATION OF LIABILITY

YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR TO ANYONE FOR ANY LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, SAVINGS, GOODWILL, USE, OR DATA, OR ANY COMPENSATORY, PUNITIVE, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECULATIVE DAMAGES, WHETHER ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION OF LIABILITY EXPRESSLY INCLUDES ANY AND ALL LOSSES RELATED TO UNDELIVERED OR DELAYED EMAIL COMMUNICATIONS.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DAYTONA WEBSITE LLC AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, SUPPLIERS, AFFILIATES, AND SUCCESSORS (COLLECTIVELY "INDEMNIFIED PARTIES") FROM ANY AND ALL LIABILITY, PENALTIES, LOSSES, DAMAGES, CLAIMS, EXPENSES, COSTS, AND ATTORNEYS' FEES INCURRED BY OR MADE AGAINST THE INDEMNIFIED PARTIES CAUSED BY, ARISING OUT OF, OR RELATED TO YOUR USE OF THE SERVICE.

EXCLUSIVE REMEDY

YOU AGREE THAT IN THE EVENT OF A PROBLEM WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.