Updated January 2021
By signing this contract, or checking the box “I agree to the terms of service at the bottom of this invoice” on the invoice, the client accepts Webucon’ s terms and conditions (also known as WEBUCON LLC SERVICES AGREEMENT).
2. Project Description
The client may wish to hire Webucon to perform any or all these tasks: host website, design website, design, product imprints, print materials, consulting services, event planning, and other services offered by Webucon. The specific requirements and the details are in Webucon’s service package (Services | Webucon) or customized pricing (or invoice) that is selected/agreed upon by the client.
3. Website Revisions
Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges unless under a maintenance contract with Webucon (See Webucon maintenance service package)
Webucon will provide the client with an opportunity to review the appearance and content of the website during the design phase and the completion of the overall website development. After that, the materials will be deemed to be accepted and approved by the client.
The Parties agree to the following Payment and Payment Terms:
Charges for services to be provided by Webucon LLC (Webucon) are defined in the project quotation (or invoice) that the client receives via e-mail and/or in writing or invoice. These charges vary by service.
I. Domain Hosting: 100% payment is required at the time of domain registration. Domain payment is non-refundable. Depending on the method of payment, a surcharge may be applied.
II. Web Hosting: 100% payment is required at the time of the request.
III. Web Design: 50% down payment is required to begin the development of the client’s website unless an alternative contract or proposal specifies a different amount. The final payment is due regardless of whether all content for the pages has been sent by the client the day the website goes live. If design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate or amount specified in the Webucon service package. Extension of the agreement upon live date will incur additional charges, starting from $10 per day.
IV. Printing services and product imprinting: Upon client approval, 100% payment is required for all printing materials requests before they are sent off for printing. Webucon will not be responsible for any changes once the product has been approved and sent off for printing. All sales are final, and a refund will not be issued.
During this Agreement, it may be necessary for the client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Webucon LLC (Webucon) for Webucon LLC (Webucon) to complete the Website in its final form. Webucon LLC (Webucon) will not share any of the client’s proprietary information at any time, even after the Agreement is fulfilled. Webucon LLC (Webucon) also will not use any of this proprietary information for his/her benefit at any time, even after the Agreement is fulfilled.
6. Web Browser
Webucon makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (e.g., Microsoft Edge, Google Chrome, etc.). The client agrees that Webucon Web Design cannot guarantee correct functionality with all browser software across different operating systems.
7. Ownership Rights
Webucon LLC (Webucon) continues to own the licenses of all themes, tools, and plugins used in the website design. Unless otherwise stated or agreed upon, Webucon LLC (Webucon) does NOT provide an administrative username and password to the client, before, during, and after the termination of this agreement. The client continues to own all proprietary information it shares with Webucon LLC (Webucon) during the term of this Agreement for the Project. Webucon LLC (Webucon) has no right to this proprietary information and may not use it except to complete the project. Upon completion of the Agreement, the client will continue to own all proprietary information it shares with Webucon LLC (also Webucon).
Webucon design with Webucon LLC (Webucon) Hosting and Maintenance Services: While Webucon LLC (Webucon) will customize the client’s website to the client’s selected design package, the client recognizes that websites generally have a common structure and basis. Webucon LLC (Webucon) continues to own all template designs, themes, plugins, stock images, and videos it may have created before, during, and after this Agreement.
a. Webucon LLC (Webucon) will continue to own the license for any tool, plugin, or material used before, during, and after this agreement. Webucon does NOT provide website admin username and password to the client while the site is under design and/or maintenance contract with Webucon LLC (Webucon).
b. Upon request, an export of the WordPress website may be provided to the client after the client’s first-year maintenance contract. There is a one-time fee of $100 for this service.
c. If the client does not want a WordPress export of the website, Webucon LLC (Webucon) will keep the site active for one month to allow the client to copy the website information to another host. The cost to keep the website active for one month is FREE.
d. Licenses for themes and plugins are NOT part of any WordPress export and are not transferable. Clients may choose to purchase their subscription from the plugin vendor or select a Webucon maintenance package.
e. The Client guarantees that they have legal rights to all elements of text, photographs, and anything else that they provide the Web Designer with and will not hold the Webucon responsible for any third-party claims.
Webucon will guarantee legal rights to all elements related to the services is providing and will not hold the client responsible for any third-party claims.
f. One-time Web design: Webucon uses WordPress for its website design. There may be a time when Webucon will use paid subscription theme or plugin for the client website. For web designs that are not under Webucon hosting and/or a maintenance contract, Webucon will provide a backup of the WordPress site. The cost for a One-time design starts from $1000 or as stated in the Webucon pricing packages, and this cost DOES NOT include licenses for themes and/or plugin subscription updates. The client may choose to purchase their subscription from the plugin vendor or select a Webucon maintenance package.
8. Web Hosting
This cost recurs monthly, annually, or biannually. Hosting places, the domain name on a server connected to the web, which allows the client to post a website for viewing through a browser. Clients are NOT required to host through webucon, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, and other tools as specified in the Webucon design package. Hosting outside WeBuCon may incur a one-time setup fee.
Webucon reserve the right to move the client’s website to new servers for performance enhancements or security reasons at any time.
9. Hosting Renewal Payment Obligations
Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Webucon fifteen (15) days before the renewal date that you do not wish to renew the account or otherwise specified.
10. Hosting Cancellation Payment Obligations
Clients may cancel at any time. For hosting cancellation before the first 30 days from the opening of the account, Webucon will refund 100% of the hosting amount paid. If the client cancels after the first 30 days, the client will be obligated to pay all fees accrued before the effective date of the cancellation plus a $25 cancellation fee.
The domain registration fee is not refundable. All cancellations must be received via email. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to the client within 15 business days from your cancellation date.
Termination of services by the Client may also incur additional charges, such as the cost of transferring website hosting, domain names, or other services away from Webucon to another provider.
Accounts that are terminated by Webucon for abuse or violations of internet standards or these terms and conditions will not receive any refund.
11. Domain Transfer Payment Obligations
If clients wish to transfer their domain hosting to another provider, Webucon will, upon request, send the EPP code (authorization code) to the client’s email. The Epp code must be used within 24 hours. The client may request an EPP code up to three times. Any additional EPP request for the same domain may incur an additional charge of $10 per request.
12. Limited 30-day Money Back Guarantee on Hosting
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from the setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been canceled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
13. Sites NOT Hosted by Webucon
Should the client decide to host their site on another server, Webucon cannot guarantee all elements of the site will work. Webucon will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Webucon believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
14. Website Maintenance
All websites designed and hosted by Webucon require a minimum of a year of maintenance service. The maintenance services are for work we do on the site after going live. All maintenance packages are for a minimum of 12 months period. Maintenance packages can be billed annually, or monthly via direct debit on the 1st of every month. Webucon does not allow outside editing of the website under Webucon LLC (Webucon) maintenance services. Any unauthorized editing will result in the cancellation of maintenance services and/or the contract provided by Webucon LLC (Webucon). Webucon LLC (Webucon) reserves the right to terminate maintenance and/or the contract at any time with written notice to the client.
For a website not designed and hosted by Webucon, there is a $50 one-time maintenance setup fee, in addition to the maintenance cost as outlined in the Webucon pricing packages.
15. Response Time
We endeavor to respond to contact requests within 72 hours, but no liability is accepted by Webucon for any loss or injury caused by any late response. Webucon LLC (Webucon) hereby excludes itself, its Employees and or Agents from all and any liability from:
• Loss or damage caused by any inaccuracy.
• Loss or damage caused by omission.
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website.
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Webucon LLC (Webucon) to the client in respect of any claim whatsoever or breach of this Agreement, whether arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
16. Design Credit
A link to the Webucon website will appear in either a small type or by a small graphic at the bottom of the clients’ website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. The client also agrees that the website developed for the client may be presented in Webucon Web Design’s portfolio or website.
Your website can be made live within 3 to 5 working days of a Go-Live approval, assuming that the accounts are clear. Kindly note that we require full payment before transferring the website to any external servers.
17. Representations and Warranties
Webucon LLC (also Webucon): represents and warrants that he/she has the right to enter and perform this Agreement. Webucon LLC further represents and warrants that he/she has the right to utilize and distribute the designs created for the client and that such designs are not owned by anyone else to Webucon LLC (Webucon) ‘s knowledge. If Webucon LLC (Webucon) does not have these rights, Webucon LLC (Webucon) will repay any associated damages client may experience or will take responsibility so that the client does not experience any damages. Webucon LLC (Webucon) is not an employee of the client and will perform work as stated on the Webucon package that the client selected.
Client: The client represents and warrants that he/she has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Webucon LLC (as Webucon) to be included in this Website. If the client does not have these rights, the client will repay any associated damages Webucon LLC (Webucon) may experience or will take responsibility so that Webucon LLC (Webucon) does not experience any damages.
18. Disclaimer of Warranties
Webucon LLC shall create and host a Website for the client’s purposes and to the client’s specifications. WEBUCON LLC DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. WEBUCON LLC (WEBUCON) HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).
19. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
20. Legal Fees
In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
21. Dispute Resolution
- Negotiation: We want to work this out. In the event of a dispute, both Webucon and the client agree to work towards a resolution through good faith negotiation.
- Mediation/Arbitration: If talking it over does not go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
- Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the State of [State], regardless of any conflict of law issues that may arise. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed-upon State.
- Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
22. Legal and Binding Agreement
This Agreement is legal and binding between Webucon LLC (also Webucon) and the client. This Agreement shall be governed by and construed under the laws of Georgia in the United States.
23: Update and Revision
Webucon reserve the right to change rate or service charges and/or these terms and conditions.
Additional services at addition cost
- Technical support starting at $75/hour
- 1-hour Support: $75
- Google Business support – cost varies.
- Content update starts at $75/hour.
- Ad hoc support: cost varies.
- Weekly blog posting $59.99/month
- Daily blog post $79.99/month
- Support for website not hosted by Webucon: One-time Maintenance setup fee: $50.
- One time back up fee: $100
- $25 cancellation fee
- Support tickets: $75+
- Ad and Marketing $100+
- Video editing $59+
- Photo editing $25+
- Database backups can be encrypted for security, cost varies.
- Database Support $69.99+/month
- SLA for technical support:72 hours.
|The Client||The Client Representative signature||Date signed|
|Webucon signature||Date signed.|