These Terms of Service (“Agreement”) govern the relationship between WestWeb Digital (“Company”) and the users (“Clients”) of our SEO, web design and Hosting services. By engaging our services, Clients agree to be bound by the terms and conditions outlined in this Agreement.
1. SCOPE OF SERVICES
a. SEO: The Company will provide professional SEO consultancy and support services as agreed upon with the Client. This includes the development of an SEO strategy plus agreed upon implementations on an monthly or one-time basis.
b. Web Design: The Company will provide professional web design and development services as agreed upon with the Client. This includes the creation and customisation of website designs, user interface development, and integration of necessary features and functionalities.
c. Hosting: The Company will provide professional website Hosting and website management services as agreed upon with the Client. This includes the website updates, server management and updates, plus integration of necessary features and functionalities.
d. Content and Materials: The Client is responsible for providing all necessary content, materials, and information required for the development of the website. The Company assumes that all materials provided by the Client are accurate, legally owned, and do not infringe upon any intellectual property rights.
2. CLIENT RESPONSIBILITIES
a. Communication: The Client agrees to maintain open and timely communication with the Company throughout the project. Prompt response to requests for information, feedback, and approvals is essential to ensure project progress and timely delivery.
b. Project Dormancy: If your project goes more than 30 days without any forward progress or significant activity from The Client’s end, and no prior arrangements have been made with The Company and agreed to, your project will be put on hold and all associated files will be archived. Once The Client’s project has been archived, a $500.00 reactivation fee is required to restart your project and your project will be scheduled into our current workflow where space is available.
c. Project Dormancy Cancellation: If The Client’s project remains inactive for an additional 15 days past the 30 day dormancy period (45 days total) with no significant forward progress made, milestones reached, or prior arrangement/communication in place, the engagement will expire, no refunds will be available, and The Client will forfeit all deliverables associated with this agreement.
d. Content and Approval: The Client is responsible for providing all required content, including text, images, logos, and other media elements, necessary for the development of the website. The Client shall review and approve all designs, layouts, and content before the implementation stage.
e. Intellectual Property: The Client affirms that they have the necessary rights or permissions to use any provided materials, including text, images, and logos, and will not infringe upon any third-party intellectual property rights.
3. PAYMENT TERMS
a. Fees and Invoicing: The Client agrees to pay the Company the agreed-upon fees for the services provided. Payment terms, including deposit amounts and instalment schedules, will be outlined in the project proposal or agreement. A non-refundable deposit of 50% of the total project cost is required before the project commences.
b. Late Payments: In the event of late payments, the Company reserves the right to suspend work, withhold deliverables, or terminate the project. Any additional costs incurred due to late payments will be the responsibility of the Client.
c. Refunds: The 50% deposit paid by the Client is non-refundable, as it covers initial project costs, resources, and time allocated by the Company.
4. PROJECT DELIVERY AND REVISIONS
a. Timelines: The Company will make reasonable efforts to complete the project within the agreed-upon timeline. However, the timeline may be subject to change if there are delays caused by factors beyond the Company’s control or due to changes requested by the Client.
b. Revisions: The Client shall review and provide feedback on design concepts, mockups, and other deliverables within the specified timeframe. Reasonable revisions based on the initial project scope are included in the service. Additional revisions or major scope changes may incur additional charges.
5. INTELLECTUAL PROPERTY RIGHTS
a. Ownership: Upon full payment of the agreed-upon fees, the Client shall own the website design and its associated elements created by the Company, except for any third-party resources or software used, which may be subject to separate licensing terms.
b. License: The Client grants the Company a non-exclusive, worldwide license to use the Client’s materials provided for the purpose of fulfilling the agreed-upon services. The Company may showcase the completed project in its portfolio and promotional materials.
6. CONFIDENTIALITY
a. Protection of Information: The Company and the Client agree to treat all non-public information received during the course of the project as confidential. Both parties will take reasonable measures to protect and secure such information from unauthorised access or disclosure.
7. LIMITATION OF LIABILITY
a. Indemnification: The Client agrees to indemnify and hold the Company harmless from any claims, losses, damages, liabilities, or expenses arising from the use or misuse of the website or any content provided by the Client.
b. No Warranty: The Company does not provide any warranty or guarantee, expressed or implied, regarding the performance, availability, or functionality of the website or any related services.
8. TERMINATION
a. Termination for Convenience: Either party may terminate the project at any time with prior written notice. The Client will be responsible for payment for all work completed up to the termination date.
b. Termination for Breach: In the event of a material breach of this Agreement by either party, the non-breaching party may terminate the project immediately upon written notice.
By engaging our SEO, web design or hosting services, the Client acknowledges and agrees to the terms and conditions outlined in this Agreement.