Terms of Service

Last Updated: March 6, 2008

Please read and understand these terms before using our services.

CSS for Hire is a service of Vantiva Internet Solutions LLC.

The following terms and conditions (these "Terms") govern the provision by VANTIVA INTERNET SOLUTIONS LLC ("CSS for Hire") of the services and/or products (referred collectively herein as "Services") described on pages of the company website at www.cssforhire.com (collectively the "Service Descriptions") and defined in any of CSS for Hire's product support listings, to the customer ("Customer") identified in the Service Descriptions.

The Service Descriptions, this Terms of Service ("TOS"), Privacy Policy, and the attachments and any addenda hereto, executed with respect to the Services, are referred to herein, collectively, as the "Agreement." Acceptance and execution of the TOS binds all parties to all terms and policies within the Agreement, at the time the contract is executed and as modified from time to time. Any violation of the Agreement may result in the suspension or termination of Customer account(s), Services, and/or such other action as CSS for Hire deems appropriate.

All users of CSS for Hire Services, and all Customers upon signing up for CSS for Hire Services, agree to comply with the Agreement. Customers further agree that it has read and understood the TOS, Privacy Policy, and all other addenda to the Agreement. The Agreement is not exhaustive and CSS for Hire reserves the right to add, delete, or modify any provision of the Agreement at any time without notice, effective upon either the posting of the modified Agreement to www.cssforhire.com or notification of the modified Agreement. The Agreement supersedes any other arrangements with CSS for Hire, whether written, oral, by conduct, or otherwise.

The following Terms apply to all CSS for Hire Customers:

1. Billing Policy

This section describes general billing procedures for all CSS for Hire Services.

1.1 Forms of Payment

All charges are shown in US Dollars. Payments are to be made in US dollars. CSS for Hire only accepts payments through PayPal, which include credit cards, e-checks, and bank funds. For certain services, CSS for Hire accepts check payments. CSS for Hire does not accept cash, money orders, bank wire/transfer, or other forms of payment.

1.2 Payment Terms

For each individual project, fifty percent (50%) of the provided price quote is due upfront before CSS for Hire will commence providing its Services. The final fifty percent (50%) is due upon delivery of completed work and a final invoice. Payment for CSS for Hire Services are due on the specified due date on each invoice. This is typically within 15 days of invoice issuance. Customer must pay in full, all of the listed charges on each invoice, on the specified due date.

Customers who have entered "Trusted" status are not required to pay upfront on each project and may pay for the project in full after issuance of the final invoice. CSS for Hire grants this status at its sole discretion and may revoke the status at any time upon notification to the Customer.

1.3 Account Delinquency

A 1.5% late fee is assessed on the invoice total once an account is one (1) day overdue. An additional 1.5% will be charged every fifteen (15) days thereafter until payment is received.

Accounts that are 30 (30) days past due will be terminated for non-payment. Non-payment will result in account and Service termination. Non-payment will immediately and retroactively revoke all of the Customer's rights to any code, data, and other materials provided as part of the Service. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees. CSS for Hire reserves the right to report delinquent Customers to consumer and business credit reporting agencies.

CSS for Hire is not responsible for data integrity and security on accounts that have been terminated.

1.4 Invoices

CSS for Hire does not mail paper invoices. Invoices can be viewed and printed through the Account Manager. Customers will also receive their invoice via email.

1.5 Disputes and Chargebacks

CSS for Hire will work diligently to resolve all billing disputes. However this is dependent on the Customer contacting CSS for Hire in good faith to resolve the matter. CSS for Hire will investigate any claims of billing errors however the Customer must first bring any disputed charges to the attention of CSS for Hire. CSS for Hire has a zero tolerance policy against unwarranted chargebacks. In the event of a chargeback, you agree to pay a chargeback fee of not less than $25.00 nor more than $100.00. Chargebacks will result in immediate termination of all active Services to the Customer. CSS for Hire also reserves the right to refuse all Services to the Customer thereafter.

1.6 Cancellations

CANCELLATION REQUESTS MUST BE RECEIVED BY CSS FOR HIRE WITHIN 6 HOURS OF OUR CONFIRMATION THAT YOUR INITIAL PAYMENT HAS BEEN RECEIVED. CANCELLATIONS SUBMITTED LATER THAN THIS TIME WILL NOT BE HONORED IF WE HAVE ALREADY STARTED ON YOUR PROJECT.

In order to cancel Service, you must contact us and include all relevant details to help us identify your account and project.

Cancellation of Services does not relieve the Customer from paying any outstanding balance owed on the account. CSS for Hire reserves the right to cancel any Customer's account and Services at any time without notice, if CSS for Hire, in its sole discretion, determines that the Customer has violated the TOS or any part of the Agreement.

1.7 Refund Policy

CSS FOR HIRE DOES NOT OFFER REFUNDS, IN FULL OR IN PART, IF WE HAVE ALREADY STARTED WORKING ON YOUR PROJECT.

If a refund is granted, CSS for Hire will deduct any transaction fees it has incurred while processing your payment(s).

1.8 Billing/Price Changes

CSS for Hire's billing policies and prices are subject to change without notice. Price changes will not affect and Services in progress and will only affect new projects.

2. Non-Disclosure Agreement

In consideration for access to information submitted to CSS for Hire by the Customer, CSS for Hire will:

a. Keep all information provided to CSS for Hire relating to business and/or marketing plans, discussions, research, graphic design, web programming, and contracted work under development in strict confidence.

b. Not disclose this information to any third party individuals or parties without the express approval from the Customer, either verbal or written.

3. Indemnification

CSS for Hire Customers agree to protect, defend, hold harmless, and indemnify CSS for Hire, any third party entity related to CSS for Hire (including, without limitation, third party vendors), and CSS for Hire's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as CSS for Hire, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the Customer's use of CSS for Hire Services.

4. Disclaimer

The CSS for Hire Service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. CSS for Hire expressly disclaims any representation or warranty that the CSS for Hire Service will be error-free, secure or uninterrupted. No oral advice or written information given by CSS for Hire, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. CSS for Hire and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the Service.

5. Termination for Bankruptcy or Insolvency

If a Customer becomes insolvent or any bankruptcy petition is filed by the Customer, or any third party against the Customer, CSS for Hire may immediately terminate provision of CSS for Hire Services to the Customer without prior notice or penalty. Such Customer consents to the grant of relief from any automatic stay of proceedings against CSS for Hire in such event.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL CSS FOR HIRE (INCLUDING, WITHOUT LIMITATION, CSS FOR HIRE'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS CSS FOR HIRE, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING CSS FOR HIRE SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR CSS FOR HIRE SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY CSS FOR HIRE SERVICES EVEN IF CSS FOR HIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSS FOR HIRE'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR CSS FOR HIRE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY CSS FOR HIRE OR CSS FOR HIRE'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

7. Modifications

CSS for Hire may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide Customers with CSS for Hire Services.

8. Backup of Data

Except where CSS for Hire has expressly agreed in writing to the contrary, Customers are solely and entirely responsible, and CSS for Hire is in NO way responsible, for the management and backup of Customer data.

9. Service and Support Boundaries

CSS for Hire provides Services and support from Monday to Friday, 9 AM to 6 PM EST to its Customers. CSS for Hire does not provide Services on weekends and major holidays as stated in the FAQ. CSS for Hire, at its discretion, may provide limited Services during off-hours however no response is guaranteed.

10. Non-CSS for Hire Products

Any mention of non-CSS for Hire products or services by CSS for Hire, its employees, or any third party entity related to CSS for Hire is for information purposes only and does not constitute an endorsement or recommendation by CSS for Hire. CSS for Hire disclaims any and all liabilities for any representation or warranty made by the vendors of such non-CSS for Hire products or services.

11. CSS for Hire's Intellectual Property

Customers will not, without CSS for Hire's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on CSS for Hire's website, and Customers will not use any of CSS for Hire's trademarks, service marks, copyrighted materials, or other intellectual property without CSS for Hire's express written consent. Customers will not, in any way, misrepresent their relationship with CSS for Hire, attempt to pass themselves off as CSS for Hire, or claim that customers are CSS for Hire.

12. Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for CSS for Hire Services, either in whole or in part, without the prior written consent of CSS for Hire.

13. Minimum Age Requirement

CSS for Hire Customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Agreement in order for the Minor to become a CSS for Hire Customer. A parent or guardian who accepts the Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Agreement, including the timely and full payment of the charges for CSS for Hire Services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains CSS for Hire's express written consent to the contrary. Any acceptance of the Agreement or any other policies for CSS for Hire Services will be deemed null and void to the extent that CSS for Hire will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of CSS for Hire Services.

14. Governing Law and Severability

The Agreement, and any other policies or agreements for CSS for Hire Services, will be governed by and construed in accordance with the laws of the State of New York, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a Customer and CSS for Hire will take place in Queens County, New York, and the Customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Agreement or other CSS for Hire policy is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Agreement will continue in full force and effect.

15. Force Majeure

CSS for Hire will not be liable for delays in its performance of the TOS or CSS for Hire Services caused by circumstances beyond CSS for Hire's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). CSS for Hire will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of Customers for the payment of money due.

16. Waiver and Amendment

Any waiver, modification, or amendment of any provision of the TOS or other agreement for CSS for Hire Services, initiated by a Customer, will be effective only if accepted in writing and signed by an authorized representative of CSS for Hire.

17. Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between CSS for Hire and its Customers. CSS for Hire and its Customers will be deemed an independent contractors at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

18. Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

19. Complete Agreement and Exclusivity

This Agreement, including all of its component parts, and/or any other specific agreement for CSS for Hire Services, constitutes the complete understanding and agreement between CSS for Hire and its Customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of CSS for Hire, the Agreement supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This Agreement, and/or any other specific agreement for CSS for Hire Services is between CSS for Hire and its Customers only and will not confer any rights in any third party except as otherwise expressly provided by CSS for Hire.