Terms & Conditions

The following terms and conditions apply to projects undertaken by Websiteistic LLC:

REVISION POLICY

Revisions are contingent on the package select. Clients can approach us for unlimited free amendments and we will revise their design with no extra charges, given that the design and concept remain intact. Revision turnaround time will be 48 hours.

COPYRIGHT

You will hold full copyright to the content that we will develop for you and deliver as per the agreed terms. We will hold no copyright whatsoever on the content and you are free to publish and use it as per your wish.

CHARGES FOR SERVICES    PERFORMED

Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Websiteistic LLC.

HOSTING

Websiteistic LLC not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting.

PROJECT PAYMENT TERMS

We work with 100% advance payment for all orders. All transaction charges and tax (as applicable) are to be borne by the client.

REFUND POLICY

You may claim refund for a project before we have started working on it. The refund will be processed after deducting any applicable transaction charges from the amount. However, once the work has started on a project, no refunds will be issued.

PERIOD OF AGREEMENT

This Agreement shall become effective as of DATE HERE and shall continue until terminated by either party.

TERMINATION

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause 1) to the date of first notice of cancellation for payment in full within thirty (30) days.

TERMINATION  FOR CAUSE

Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.

In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.

MUTUAL 

COOPERATION

We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.

ERRORS

we can’t guarantee that our work will be error-free (I am human!) so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

CHARGES FOR SERVICES    PERFORMED

Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of us.

CANACELLATION OF PLANS

You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. I agree to use our best efforts to minimize such costs and expenses.

RESPONSIBILITY FOR RELEASES

We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).

CLIENT RESPONSIBILITY FOR RELEASES

You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.

Then when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for this project. we give you source files and finished files and you should keep them somewhere safe as we're not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

CLIENT RESPONSIBILITY FOR ACCURACY

You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us in writing in connection with the performance of this Agreement.

CONFIDENTIALITY

We acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by us on behalf of client or disclosed by client to us.

COLLECTION COSTS

In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.

PAYMENT FOR NON-CANCELABLE MATERIALS?

Any non-cancelable materials, services, etc., we have properly committed myself to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. I agree to use our best efforts to minimize such liabilities immediately upon written notification from you. I will provide written proof, upon request of the client, that any such materials and services, are non cancelable.

MATERIALS UNPAID FOR

If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.

TRANSFER OF MATERIALS

Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by client to us, we shall transfer, assign and make available to client all property and materials in its possession or control belonging to client. Client agrees to pay for all costs associated with the transfer of materials.

GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the Province/State of STATE/PROVINCE.

REPRESENTATIONS AND WARRANTIES

The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.

ENTIRE AGREEMENT

Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.

SEVERABILITY

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

Client to accept this contract, click the Accept button and sign at the prompt. You will be emailed a copy for your records