By placing an order with Webwurks.net, you agree to the following terms:
Turnaround Time
Webwurks.net web design service and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 30-45 days after the client has submitted all necessary materials. If the client does not supply www.Webwurks.net web design service with complete text and graphic content for this web design project within 10 days of the date of the transaction, the entire amount of the transaction is considered earned and becomes due and payable, if there is an outstanding balance. All sales are final. In the event that a client is unable to provide us with the necessary materials or content for a website, Webwurks.net holds the right to place "filler content" in the website to complete the process.
Hosting Services
The web site design project will be published to the client's hosting service or www.Webwurks.net Hosting Service upon receipt of full payment, including all upgrade charges separate from the Agreement The client understands that Webwurks.net's design services does not provide any hosting services in connection with this web design project. Hosting services require a separate contract with the Webwurks.net design services. The client agrees to select a hosting service which allows Webwurks.net or any affiliated party full access to the client's account via FTP. The client will be solely responsible for all hosting service charges.
Revisions and Payment
Upon the completion of your design, we allow for unlimited revisions from you. Revisions are defined as minor in scope and are consistence with font sizing, positioning of text. Changes, which may subject to additional charges, are defined as re-doing a page, changing logo’s, changing screen colors etc. Any charges incurred by Webwurks.net will be automatically billed to the credit card on file. Webwurks.net is willing to assist clients with perfecting their sites long as the requests are legitimate and inside the initial scope of work. Our main goal is to strive for outstanding customer service. Please keep in mind, all sales are final. By placing an order, you accept and agree to hire Webwurks.net for a period of 12 months from the date of the initial order, unless otherwise specified.
Finance Terms
Any website under a finance policy is rightfully owned by Webwurks.net LLC and NOT by the party financing the website until 100% payment has been collected.
Estimates
Written estimates are valid for 30 days. An estimate is subject to change if not accepted within the 30 period.
Print Orders
Webwurks.net reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. Webwurks.net is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to Webwurks.net for printing and/or publication.
Web Orders
Web development work done by our company, Webwurks.net, is also owned by the paying client. The client is responsible for all and any content posted on the website regardless of which party gathered it. We are not responsible for any e-copyright infringement, nor can we be held responsible for any clients’ images, text, and/or content. Webwurks.net does not guarantee that all website items are free of copyright infringements. The client will be held responsible for any and all content on his or her website(s).
Cancellations
Canceled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to the speed of our turnaround, you may only receive a full refund when a job is cancelled the same business day the order is placed.
Hosting Cancellations
If for any reason a client decides to cancel our hosting services, full ownership of the website and all of its files will be turned over to the original client. All final amounts owed to Webwurks.net for hosting will be paid the day the request to cancel has been placed and the website will be downloaded, backed up, and then forwarded to the client via CD-ROM or electronic mail, depending on the size of the website.
Webwurks.net is not responsible for any down time or loss of business due to the transfer of the website to another party, nor is Webwurks.net responsible for hosting stability and business warranty due to hosting stability. Clients enter into a separate agreement with Webwurks.net for hosting and no guarantees on hosting are provided.
Liability
Webwurks.net’s liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. Webwurks.net warrants that every product manufactured by it meets industry standard for such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. Webwurks.net makes no other warranty and no actions or words of Webwurks.net or its officers, employees, or agents shall constitute a warranty. We do, however, guarantee that all web design work or programming that we complete will and function as designed long as the project is hosted on our servers and no FTP information is owned by the client which allows product manipulation.
Should the client request FTP access of their website, a release form is first signed off on by the client and access is given. All modifications, changes, stability, and features are then the responsibility of the client.
Furthermore, Webwurks.net cannot and will not be held responsible or take on any liability for any website construction that does not meet local or state laws or that falls under a malicious attack such as a computer hack. Ownership of all data, web programming, features, functionality, design, and construction is transferred to the client at the time of sign off. Webwurks.net is not responsible for any stolen information gained by a hacker on a website we have built and delivered to a client.
Indemnification
The customer represents that it has the legal right to produce all printed materials ordered from Webwurks.net. In the event that a charge, claim or demand, or arbitration, action, or proceeding (collectively, a "Claim") is made or commenced against Webwurks.net based upon, relating to, or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by Webwurks.net ordered by the customer: (a.) infringes any copyright, patent, or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous, or obscene, the customer shall indemnify and hold Webwurks.net harmless from and against any loss, damages, cost, and expense arising from or related to the Claim, including, but not limited to; (1.) defending Webwurks.net against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing Webwurks.net for any legal fees and expenses it reasonably incurs in responding.
Alterations/Corrections
Client alterations must be specified in writing and must include all corrections or changes from the original specifications, outlined in the Agreement. Additional alterations outside the scope of the Agreement may be subject to charge at the sole discretion of Webwurks.net.
Prepress Proofs
When requested by the customer, Webwurks.net will submit color proofs for the customer's review and approval. A minimum shipping charge of $35 is required to send a proof via express air shipping. Proofs must be returned to Webwurks.net marked "Revised Proof Required" and signed by the customer. Until the proof is returned, no additional work will be performed. Webwurks.net will not be responsible for undetected production errors if:
- Proofs are waived by the client;
- The work is printed per the client's written OK;
- Requests for changes are communicated verbally.
- All requests for changes of any kind must be made in writing to avoid mistakes. Any proof request waives our turnaround guarantee.
Right to Subcontract
Webwurks.net shall have the right to assign any portion of the work required to another contractor.
Workmanship Guarantee
We guarantee all orders to be free of defects in workmanship. If any order does not match traditional trade standards, we will reprint the order or issue the customer a refund at our sole discretion.
Privacy Statement
Any information Webwurks.net collects from order processing or from any inquiries is not shared with any other company. Your information is only used for contact, billing, and shipping purposes. Your credit card information is never stored by Webwurks.net.
Samples
Webwurks.net might use your product for samples and/or advertising purposes.
All Sales Are Final
Since each job is custom and created individually for its owner, it cannot be reused or resold.
Changes to Terms and Conditions
Webwurks.net may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless stated otherwise. This policy was last revised on February 1, 2008.
