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.
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 of 40% down is required. The initial down 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.
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.
If a client fails to pay their invoice and becomes unresponsive, WebPlexx is under no obligation to provide services for unpaid invoices for work, hosting, domain renewal, or any other services provided by WebPlexx. This includes email services as well. In the case of an unpaid invoice WebPlexx will make all efforts to contact the Client. If these attempts are unsuccessful, all services will be terminated until paid in full.
IF any unpaid balance is left on the Client account, Client agrees to make arrangements for payment. Unpaid invoices will be passed along for further collection after 60 days of non-payment.
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 ($50 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.
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.
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.
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.
You certify that you are at least 18 years of age.
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.
Termination of Services Prematurely or Before end of Current Contract Term
If you terminate your services with webplexx before the term of your current hosting cycle ends, no monies paid for hosting or other services will be refunded. In addition you will be be charged a contract termination fee depending on the amount of time left in your current term. 1-6 months $149.00, 6-11 months $199.00. If you do not plan to renew your current hosting with WebPlexx, we will require 60 days notice prior to renewal date. If 60 days notice is not given, client is still responsible for their hosting agreement up to 60 days from day of cancellation. In addition, If you wish to keep the website, files, or other items on the server you will be charged regularly hourly wages for packaging/transfer of files, and any other work WebPlexx will need to perform in order to get you those files or items requested. Regularly rate $48.50/hr.
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.
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.