Websiteistic Services Terms and Conditions
These terms and conditions establish a binding agreement between you and Websiteistic, LLC, which we refer to as the "Agreement." We kindly request that you thoroughly review the terms of this Agreement.
Table of Contents
This “Agreement” is made between the you “Client,” the party engaging the services of “Developer,” a company based in Livermore, CA, known as Websiteistic LLC.
WHEREAS, the Developer is contracted to deliver services on a monthly, hourly, or project-based arrangement.
NOW, in light of the commitments made by both parties herein, they hereby concur to the following terms and conditions:
Client Agreement to Pay
The client’s commitment to payment is structured as follows: for subscribed services, they agree to make monthly payments based on the proposed price, while for project-based services, a one-time payment is required. Hourly-based services will be compensated according to the hourly rates established. Websiteistic holds the right to terminate the agreement with a seven-day notice should the client fail to prepay for the services.
Our pricing structure is intricately linked to the current scope of work. If, during the course of the project, additional services become necessary or if there is a substantial change in the scope of work, Websiteistic reserves the right to make adjustments to the pricing. Furthermore, if travel exceeding 50 miles is required to fulfill the services, the client will be responsible for reimbursing Websiteistic for the related expenses. It’s important to note that any expenses incurred must receive prior approval from the client.
The client commits to making immediate payments upon receipt of our invoices. We have a policy in place to charge a 1% monthly late payment fee on any overdue and undisputed balances. This helps us cover the costs associated with managing overdue invoices. In cases of non-payment, we reserve the right to temporarily halt work on the project.
- Websiteistic stands ready to provide supplementary services, including, but not limited to, training, support, photography, or video services, as per the client’s individual requests.
- In situations where we need to engage legal services to collect unpaid invoices, in addition to charging interest on the outstanding balance, the client agrees to reimburse us for the associated legal fees, costs, and disbursements.
- Our Services offer the option to obtain access through Paid Subscriptions. These Paid Subscriptions automatically renew unless you take the necessary steps to cancel them. To explore the cancellation process, you must submit a written notice at least 30 days in advance. Charges for your Paid Subscription will be processed no more than 24 hours before the commencement of the upcoming Paid Subscription period. In the event that we encounter difficulties charging your chosen payment method due to factors like expiration or insufficient funds, and you have not canceled your Paid Subscription, you are responsible for any outstanding amounts. We will make further attempts to charge your payment method as long as you update your payment information. This could result in an adjustment to the start date of your next Paid Subscription period and may change the billing date for each subsequent period as indicated on your receipt. We retain the right to terminate your Paid Subscription if we are unable to successfully renew your subscription due to payment method issues. Upon the conclusion of your Paid Subscription for any Service, you will lose access to any features or Content associated with that Service that necessitate a Paid Subscription.
Cancellation of Plans
- The client retains the authority to make changes to, reject, cancel, or halt any ongoing plans or work. However, in cases where the client initiates such changes, we expect the client to reimburse us for costs and expenses incurred before the alteration, particularly those related to commitments that cannot be canceled. Additionally, the client is expected to protect and indemnify us against any legal liabilities arising from such actions. We will do our utmost to minimize these costs and expenses during any changes.
- We acknowledge that the client has had ample time to review our work and has a legitimate expectation that we will execute our services in a manner consistent with our established style and approach, unless otherwise stated in the agreement.
- We are committed to delivering the client’s desired services in a style and manner that aligns with our existing portfolio. While we will make an effort to integrate reasonable client suggestions, it’s important to acknowledge that artistic services are inherently subjective. We have a unique vision, an ever-evolving style, and technique, and we will use our artistic judgment to ensure the quality of the services. This may not always align precisely with the client’s suggestions. In situations where there’s a difference of opinion, our aesthetic judgment and artistic quality take precedence.
- We will take the necessary steps to secure any required releases, licenses, permits, or authorizations to use third-party materials, testimonials, copyrighted content, photographs, artwork, or any other property or rights that may be necessary to deliver the agreed-upon services.
- The client agrees to grant Websiteistic access to all the tools, software, websites, social media accounts, and other resources required for their services. Websiteistic will ensure the security of passwords, limiting access to authorized team members only when necessary. In most cases, we recommend the client create a Websiteistic User or give permission for access.
- The client is in agreement to furnish all necessary content, which includes text, articles, photos, graphics, videos, and other materials, to facilitate Websiteistic’s efforts.
Copyrights and Trademarks
- The client guarantees that all text, graphics, videos, photos, and other content they provide to Websiteistic for use on web pages or social media belong to them or are used with permission. The client also promises to protect Websiteistic from any legal issues related to these materials.
- We expect the client to guarantee that all elements of text, images, or other artwork provided to us are either owned by them or that they have proper permission to use them.
Additional Tools/Software & Cost
- The client is responsible for covering the expenses, whether one-time or recurring, for any necessary tools, software, or services that Websiteistic may require to support our work. We will not acquire such tools or software without the client’s prior approval.
- We acknowledge our responsibility to maintain the confidentiality of any proprietary or confidential information disclosed by the client, both during and after our engagement.
Termination for Cause
- In cases where either party defaults on its significant duties and obligations, the other party reserves the right to terminate the agreement. If a default isn’t reasonably curable within 30 days or if the client becomes insolvent, makes an assignment for the benefit of creditors, or breaches its payment obligations, the other party can immediately terminate the agreement.
- It’s important to note that we cannot guarantee error-free work, as we’re human. Consequently, we cannot be held liable for damages, including lost profits or other consequential losses, even if such possibilities have been discussed with the client.
Payment for Non-Cancelable Materials
- Any non-cancelable materials or services that we’ve properly committed to purchasing for the client’s account, whether specifically outlined in the agreement or as part of a project plan, are the client’s responsibility to pay for. We will exert our best efforts to minimize these liabilities upon written notification from the client, and we will provide written proof of the non-cancelable nature of such materials and services upon request.
Materials Unpaid For
- In the event of termination, if there are materials or services furnished by us that remain unpaid by the client, we expect the client not to use these materials or the product of these services until the outstanding balance is settled in full.
Transfer of Materials
- Upon the termination of this agreement, provided there are no outstanding debts owed by the client to us, we will transfer, assign, and provide all property and materials within our possession or control that belong to the client. However, the client is responsible for covering all costs associated with this transfer.
- Should any part of this agreement be deemed illegal or unenforceable, the remaining provisions of the agreement will remain in full force.
- Unless otherwise specified in the agreement, the client will incur additional charges for changes requested outside the scope of the agreed-upon services, based on time and materials. Our standard hourly rate is $75 per hour, or an amount separately agreed upon in writing in advance of the change. These charges will be in addition to all other amounts payable under the agreement, regardless of any maximum budget, contract price, or final price specified. We reserve the right to extend or modify delivery schedules or deadlines as required by such changes.
- The client consents to Websiteistic’s use of their name and website for promotional purposes, including company promotions, online portfolios, lists of past clients, social media, and print materials, in order to advertise and promote Websiteistic’s services to other businesses.
- The parties acknowledge that the internet is not under the ownership or control of any single entity, and thus, Websiteistic cannot provide any guarantees regarding the specific outcomes resulting from our work. Websiteistic pledges to make sincere efforts to ensure the success of the client’s digital marketing and the generation of leads. Websiteistic does not guarantee that the functions delivered through its work, including web pages, digital marketing, consultations, advice, or any work performed, will meet the client’s exact requirements or that their operation will be entirely uninterrupted or error-free. The entire responsibility for the quality and performance of the work and deliverables rests with the client. Under no circumstances will Websiteistic be held liable to the client or any third party for any damages, including lost profits, savings, or other indirect, consequential, or special damages resulting from the operation or inability to operate these digital marketing services or website(s), even if Websiteistic has been made aware of the possibility of such damages.