Website Services - Terms of Service

Web Hosting: Terms of Service | Copyright Policy | Mail Policy | Dedicated Mail Policy
Domain Names: Registration Agreement | Transfer Agreement
Website Services: Terms of Service
WebCitz: Usage Agreement | Privacy Policy

Customer Information:
Name: _________________________________________________
Company: _________________________________________________
Address: _________________________________________________
City: _________________________________________________
State: _________________________________________________
Zip: _________________________________________________
Phone: _________________________________________________
Email: _________________________________________________
  1. Project. The above-named Client (hereinafter referred to as "Client" or “You” or “Your”) is engaging WebCitz LLC, (hereinafter referred to as "WebCitz" or “We” or “Our”), for services (hereinafter referred to as “Project”) detatiled in a separate proposal.

  2. Independent Contractor. The Client is engaging WebCitz as an independent contractor for the specific purpose of providing the services in the proposal.

  3. Assignment of Project. WebCitz reserves the right to assign subcontractors to the project.

  4. Authorization. WebCitz will require full access to the Client’s web hosting and domain name(s) to complete a website design or ecommerce development project.

  5. Domain Name Registration / Transfer / Renewal. For domain names registered through us, the registration agreement is located at http://www.webcitz.com/domain-names-registration-agreement.html and the transfer agreement is located at http://www.webcitz.com/domain-names-transfer-agreement.html.

  6. Web Hosting. For web hosting services provided by us, the terms of use agreement can be found at http://www.webcitz.com/web-hosting-terms-of-service.html.

  7. E-Commerce. The Client understands and agrees that all costs associated with operating an ecommerce website is the sole responsibility of the Client. These costs include, but are not limited to, merchant accounts, payment gateways, payment processing, SSL certificates and PCI compliancy. Additionally, from time to time, governments enact laws and levy taxes and tariffs affecting electronic commerce. The Client understands and accepts all responsibility for complying with such laws, taxes and tariffs. The Client agrees to release WebCitz and its subcontractors of any and all liability arising from the Client’s exercise of electronic commerce. This includes, but is not limited to, the potential loss or theft of commercial, personal or financial data of either the Client or the Client’s customers.

  8. Search Engine Optimization (SEO). WebCitz does not control the positioning of search results, therefore we cannot guarantee a particular placement or position of the Client’s website in any search engine. Even Google warns against selecting a search engine optimization company that promises guaranteed placements.

  9. Website Maintenance. All requests for website maintenance and revisions will be billed at our hourly rate.

  10. Content Creation. Unless website copywriting services are purchased and detailed in the proposal, the Client is responsible for providing WebCitz all written content, in finalized electronic form, in a timely manner.

  11. Change Requests. Any service requested by the Client, which is not detailed in the proposal, will be subject to additional cost.

  12. Completion Date. WebCitz will begin the project only after down payment has been received. Any work performed on the project prior to the receipt of cleared down payment is to be considered as work in "good faith." The completion date is only an estimation of when the project will be completed and does not account for modifications or additional requests made during the development of the project. If the completion date is of crucial importance, it will be required that the client select and pay for Next Day or Fast delivery of the project. Under no circumstance shall WebCitz be liable for more than the received down payment of the project should the completion date not be met.

  13. Advertising. WebCitz reserves the right to advertise the Client's business name and logo in its portfolio.

  14. Non-Refundable Deposit. A non-refundable deposit of 50% of the entire project will be required before work commences. A non-refundable down-payment of 100% of the entire project is required for next day website and logo design services.

  15. Payment Method. All payments are to be in USD. We accept check, money order, PayPal, Visa, Mastercard, American Express and Disover. Please do not mail cash.

  16. Cancellation Policy. Any request for cancellation of services must be received in writing and are subject to clause “Term and Termination.” WebCitz reserves the right to cancel the project if the down payment is returned for non-sufficient funds, is cancelled by the client, or does not clear within a period of 10 calendar days. Any abuse of our staff in any medium or format will result in the suspension or termination of your project(s) or service(s).

  17. Copyrights and Trademarks. The Client represents to WebCitz and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WebCitz for inclusion in this project are owned by the Client, or that the Client has written permission on file from the rightful owner to use each of these elements and will hold harmless, protect and defend WebCitz and its subcontractors from any claim or suit arising from the use of such elements.

    Copyright to any and all products and services furnished and provided to the Client are owned by WebCitz. Upon final payment of this agreement, the Client is assigned rights to use the design, graphics and text contained in the finished product. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client and remain the property of their respective owners.

  18. Choice of Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the United States of America and the State of Wisconsin and the parties consent to the sole and exclusive jurisdiction of the state courts and U.S. federal courts having jurisdiction in Outagamie County, Wisconsin for any dispute arising out of this Agreement.

  19. Severability. In the event that a court finds any provision of this Agreement invalid and/or unenforceable, both parties agree the remaining provisions shall remain valid and in force.

  20. Term and Termination. This agreement is effective immediately after signature by both WebCitz and the Client. Client accepts the terms of this agreement by signature and initial deposit or payment for services. The agreement shall continue in force unless terminated pursuant to the following:

    The Client may terminate this agreement without cause upon written notice to WebCitz via e-mail or letter forwarded to the address shown on this contract. WebCitz may terminate this agreement at any time by providing written notice to the Client at the email address shown on this Agreement.

    Upon the termination of this agreement, the following sections will survive: 5, 6, 7, 9, 10, 11, 13, 14, 17, 18, 19, 21, 22, 23.

  21. Disclaimer of Warranty and Limitation of Liability. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHICH ARE HEREBY DISCLAIMED.

    WEBCITZ, ITS AGENTS, EMPLOYEES, VENDORS and SUBCONTRACTORS SHALL NOT BE LIABLE FOR (1) LOSS OR THEFT OF COMMERCIAL, PERSONAL, OR FINANCIAL DATA OF THE CLIENT OR CLIENT’S CUSTOMERS OR (2) ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS OR (3) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) REGARDLESS OF THE FORM OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WEBCITZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBCITZ’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT TO WEBCITZ DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. THE CLIENT UNDERSTANDS THIS IS AN INTEGRAL PART OF THE CONTRACT AND LEGAL ADVICE SHOULD BE SOUGHT TO CLARIFY ANY MISUNDERSTANDINGS.

  22. Sole Agreement. The agreement contained in this "Service Agreement" constitutes the sole agreement between WebCitz and the Client regarding the project outlined above. Any additional work not specified in this agreement will require a separate agreement or change order and will be subject to additional costs.

    The undersigned hereby agree to the terms, conditions and stipulations of this Agreement on behalf of his or her organization or business and has sought or declined legal consultation before entering into the contract. The undersigned Client hereby warrants and represents that the Client has full authority to enter into this Contract.

    The people authorized to incur expenses with WebCitz, LLC are as follows:

    Names: _________________________________________________

  23. Faxed / Emailed Signatures. The undersigned hereby agree and understand that facsimile (fax) signatures and scanned/emailed signatures are legally binding upon the parties. The undersigned parties further agree that electronically reproduced contracts with signatures are a valid method to use to accept a contract, to amend the contract, to give notices required by the contract and that an electronic transmission (fax) is a commercial delivery system, the use of which complies with the contract.

 

On behalf of the Client
Full Name: _________________________________________________
Position: _________________________________________________
Signature: _________________________________________________
Date: _________________________________________________

 

On behalf of WebCitz, LLC:
Full Name: _________________________________________________
Position: _________________________________________________
Signature: _________________________________________________
Date: _________________________________________________

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