Terms of Service
Web Design Terms of Service and General Policies
WebPlexx requires that before any work commences, you must read and accept these terms of service. WHEREAS, WebPlexx Web Design ("WebPlexx") is internet website design company providing custom web development, web software integration, web consulting, and search engine optimization ("SEO"); WHEREAS, Customer ("you","client", "customer") seeks to engage WebPlexx for website design, consulting, and optimization purposes; THEREFORE, in consideration of the mutual promises herein, the parties intending to be legally bound agree as follows: Free Consultation vs. Billable Time Consultation typically covers answering questions about WebPlexx services and helping clients decide if they want to hire WebPlexx to perform services. If a prospective client asks WebPlexx to "work" on a website, this is billable time. Billable time includes not only making changes, but also doing research and reviewing website files or code. Compensation WebPlexx only accepts compensation in US dollars. WebPlexx does not accept trade for the services that a client might offer; this includes partnerships in a client's business. WebPlexx accepts payments via credit cards/debit cards/ echecks through PayPal and accepts checks on a case-by-case basis. Communication With Clients WebPlexx staff work from home offices, and therefore do not have a setting in which it's convenient and productive to meet face to face with clients. All communication with clients is typically done via phone, email, or online chat. Initial Payment for New Website Design Until WebPlexx receives the initial payment, the assumption is that prospective clients are still shopping around for a website designer. Initial payments are a client's way of telling WebPlexx they have engaged WebPlexx to do work. For new websites, an initial payment for 8 hours of work is required. $250 of the initial payment is a non refundable set-up fee. Once initial payment is received, the client is added to the support ticket system, and work will commence in the order tickets were received. However under certain circumstances, ie: The site is down, or there is some other immediate need other arrangements can be made on a per-case basis. Payment Terms All payments are due upon receipt of invoice. Invoices are sent via email. Termination of Project and Refund Policy If, at any time, a client would like to terminate the project, WebPlexx will refund any unused hours, less the set-up fee. Please note that there are no refunds for time spent working on a client's website. WebPlexx may also terminate projects for clients who become unresponsive (not returning emails or phone calls). Any unused payment will be refunded, less the set up fee. How The Support Ticket System Works When a support ticket is received from a new client, the client is put at the end of the queue. As current projects are completed, WebPlexx will go through the tickets, in order of date of deposit received, and check to see if clients are ready to start the design phase. If they are not ready to start, WebPlexx will move to the next client in the queue New Website Design vs. Maintenance When working on a new website design or redesign, clients are billed hourly ($80 per hour). Once a new website design or redesign is completed, any further work is considered maintenance. Maintenance work is billed at the same rate as design work, but has a 30 minute minimum charge per request. Multiple requests received the same day are considered the same request. Ownership of Files WebPlexx is compensated for website design. Clients completely own all output of services as soon as they have paid any outstanding balance. ECommerce, Online Stores, Shopping Carts In addition to hourly design rate, clients are responsible for all peripheral costs related to setting up ecommerce on their websites, which include, but is not limited to, the following costs: ecommerce, after-market modifications to the ecommerce software, SSL certificate ($50/yr - $300/yr), merchant account setup fees etc. Right To Decline Service: Screening Prospective Clients WebPlexx strives for excellence and wants all clients to be delighted with their experience with WebPlexx Web Design. WebPlexx will ask you questions about the nature of your business. If WebPlexx discovers something objectionable about a project after a deposit is accepted, the unused portion of the deposit will be returned and the project will be terminated. Putting Link to WebPlexx Web Design in The Footer and Adding Your Site To WebPlexx's Portfolio WebPlexx is proud of its work, and will typically add a link to its website in the footer of all client websites. For a blog integration, only the blog's pages will be labeled. WebPlexx may also use an image snapshot of your website with a short description and a link to your website on its portfolio page. Communication Lags In order to get your website finished in a timely manner and effectively manage workload, it's important that you are able to respond to emails within a few days of receipt. If you've been emailed several times and haven't responded in 14 days, you may lose your position in the work queue. If you have not responded in 30 days, your project may be terminated. Please advise if you are going to be away for a span during the web development time so that schedules can be planned accordingly. Taxes WebPlexx shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by a customer on your website designed by WebPlexx. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold on your website. Lawful Purpose Customer may only use WebPlexx services for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, any illegal pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on your website. Trademarks, Copyrights & Plagiarism You warrant that you have the right to use the applicable trademarks on your website, if any. You also warrant that any images you provide to WebPlexx for use on your website are not owned, copyrighted or trademarked by anyone else, and that if they are, you have obtained appropriate permission. You also warrant that all text content you provide to WebPlexx for use on your website is original work. Age You certify that you are at least 18 years of age. Warranty All website design work is provided "as is" without warranty of any kind, either expressed or implied. Neither WebPlexx, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that WebPlexx's service will be error free; nor do they make any warranty as to the results that may be obtained from having WebPlexx do development work. Search engines—such as Google—have their own proprietary algorithm for ranking websites for particular keywords, it is impossible for WebPlexx to guarantee any particular ranking for your website. It is likewise impossible for WebPlexx to guarantee that your Google AdWords campaign will create adequate and high quality traffic for your website. While WebPlexx strives to increase traffic to your website by following Google Quality Guidelines, there are many factors beyond WebPlexx's control that impact your website's ranking and subsequent traffic. Therefore WebPlexx does not guarantee any particular search engine ranking or website traffic. Limited Liability In no event shall WebPlexx be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability of clients to use their website. You expressly agree that use of WebPlexx's services is at your sole risk and you will personally test and accept the results of the services promptly after the completion of the services by WebPlexx. Under no circumstances, including negligence, shall WebPlexx be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use your website; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to your records, programs or services. You hereby acknowledge that this paragraph shall apply to all work done by WebPlexx. Indemnification: Customer agrees that it shall defend, indemnify, save and hold WebPlexx harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against WebPlexx, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WebPlexx Web Design against Liabilities arising out of— 1. any injury to person or property caused by any products sold or otherwise distributed in connection with a website designed or maintained by WebPlexx; 2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; 3. copyright infringement; 4. any defective product which Customer sold on using a website designed or maintained by WebPlexx Web Design; 5. any action taken by Customer as a result of consulting with WebPlexx. In any such indemnification action, WebPlexx shall have the right to engage its own counsel. |
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