Webbybiz Website Terms & Conditions
These Terms and Conditions ("Agreement") constitute a legally binding agreement between Hipster Sites / Webbybiz ("Company," "we," "us," or "our") and the client ("Client," "you," or "your") for the website development services provided by Company to Client. By engaging our services, you agree to be bound by this Agreement.
1. Services Provided:
Company will provide the following services to Client based on the selected pricing package:
- $200/month Package: Development of a 5-page website using a pre-defined template, SEO configuration, and provision of 5 email addresses.
- $275/month Package: Development of a 10-page website with advanced features and additional SEO customization.
- $350/month Package: Fully customized website with up to 15 pages, priority updates, and premium SEO services.
Unlimited updates to the website content are included for all packages during the term of this Agreement (please see section 12 for further clarification).
2. Payment:
Client agrees to pay Company according to the pricing package selected ($200, $275, or $350 per month) for a period of 24 months under a 2-year contract.
- Payment shall be made in full on a monthly basis, in advance, beginning on the date of this Agreement.
- Failure to make timely payments may result in suspension or termination of services by Company.
3. Term and Termination:
- This Agreement shall commence on the Effective Date and shall continue for a period of 24 months unless terminated earlier as provided herein.
- Termination of this Agreement before the expiration of the 24-month term shall result in early termination fees as outlined in Section 4.
4. Early Termination:
- In the event of early termination by Client before the completion of the 24-month term, Client shall be responsible for paying Company an early termination fee equal to 50% of the remaining balance of the contract.
5. Client Responsibilities:
- Client shall provide all necessary materials, content, and information required for the development and maintenance of the website.
- Client shall promptly respond to Company's requests for feedback, approvals, or any other communication necessary for the timely completion of the project.
6. Intellectual Property:
- Upon full payment of all fees, Client shall own all rights, title, and interest in the website content and design, excluding any third-party materials or software used by Company.
7. Limitation of Liability:
- Company shall not be liable for any indirect, consequential, or incidental damages arising out of or related to this Agreement, including but not limited to lost profits or loss of business opportunities.
8. Governing Law:
- This Agreement shall be governed by and construed in accordance with the laws of Wasatch County, UT, without regard to its conflict of laws principles.
9. Entire Agreement:
- This Agreement constitutes the entire understanding and agreement between Company and Client concerning the subject matter hereof, and supersedes all prior or contemporaneous agreements and understandings, whether oral or written.
10. Amendments:
- No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by both parties.
11. Updates Include the Following:
- Basic textual and image updates.
- Any updates that go beyond the basic textual and image updates may be subject to additional fees. Additional fees will be communicated to the Client prior to implementation, and no charges will be made without the Client's explicit approval.
12. Website Updates:
12.1 Scope of Updates Covered
Under the monthly contract, website updates encompass a range of modifications and additions aimed at maintaining the functionality, relevance, and aesthetic appeal of the website. These updates include but are not limited to:
- Text Updates: Revisions or additions to existing textual content on the website.
- Image Updates: Substitution or addition of images within the website's pages or galleries.
- Form Creation: Design and implementation of new forms to facilitate user interaction or data collection.
- Blog Entries: Publishing new blog posts or articles on the website's blog section.
- Event Management: Adding, updating, or removing weekly events from the website's calendar or event listing.
- Stylistic Changes: Alterations to colors, fonts, or other stylistic elements to enhance the website's visual appeal and branding consistency.
12.2 Exclusions
The following updates are not covered under the monthly contract and may incur additional charges:
- Major Design Overhauls: Extensive redesigns or restructuring of the website's layout, navigation, or overall design scheme.
- Functional Enhancements: Development of new features, functionalities, or integrations not originally included in the website's initial scope of work.
- Third-Party Integrations: Integration of new third-party services, plugins, or applications into the website's framework.
12.3 Requesting Updates
Clients are encouraged to submit update requests through the designated communication channels provided by Company. Requests should include clear instructions and any necessary assets or content required for the update. Company reserves the right to prioritize update requests based on workload and project requirements.
12.4 Timelines and Turnaround
While every effort will be made to accommodate update requests promptly, turnaround times may vary depending on the complexity and volume of requests in the queue. Company will provide estimated timelines for completion upon receiving update requests.
12.5 Approval and Revisions
Clients will be notified upon completion of requested updates for review and approval. Reasonable revisions to updates will be accommodated within the scope of the original request. Excessive or substantial revisions may be subject to additional charges.
13. Terms and Conditions for Mobile App Development Services:
13.4 Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the project. This includes but is not limited to project specifications, business strategies, and trade secrets.
13.5 Fees and Payments
The Client agrees to pay the Company the fees as outlined in the project proposal or agreement. Payment schedules and terms shall be agreed upon by both parties prior to the commencement of the project. Failure to make timely payments may result in delays in project delivery or termination of services.
13.6 Warranty and Support
The Company warrants that the developed mobile applications will be free from defects in workmanship for a period of 2 years from the date of contract signing. The Company will provide reasonable support and maintenance services during this warranty period. Any additional support or maintenance beyond the warranty period may be subject to additional fees.
13.7 Limitation of Liability
The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services provided, including but not limited to loss of profits, loss of data, or business interruption.
13.8 Acceptance
By engaging the services of the Company, the Client acknowledges that they have read, understood, and agree to be bound by these terms and conditions.