terms & conditions
Last updated: March 12th, 2019
STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work that has been undertaken by WIXCreate for its clients.
By stating "I agree" via email, or making Payments, you are confirming that you can access and read and agree to all of this agreement and consent to the use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).
DEVELOPMENT
This Web Design Project will be developed using the latest version of Wix HTML5 with standard Wix Elements (no Wix Velo/coding) unless specified otherwise.
BROWSER COMPATIBILITY
Designing a website to fully work in multiple browsers (and browser versions and resolutions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. WIXCreate represents and warrants that the website we design for you will work in:
• Microsoft® Internet Explorer versions 7 and up
• Google Chrome
• Firefox 3.0 and up
• Safari
OUR FEES AND DEPOSITS
We request 50% of our agreed-upon fee to start the project. The final 50% is due upon completion of the project or within 30 days from the initiation of the project, whichever comes first. Fees are not refundable and will be billed separately.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work by any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. All materials and information must be submitted before starting your project.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
VARIATIONS
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $65.00 per hour for standard Wix Elements or $90.00 per hour for Wix Velo (coding), or we will provide a quote for the requested changes.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full cooperation and complete and final content for the work pages. During development, there is a certain amount of feedback required to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available daily to expedite the feedback process. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. If the client fails to respond within 7 days starting from the first contact attempt by WIXCreate to the client, the website project will be considered abandoned and all obligations by WIXCreate will be deemed terminated. A 20% fee of the proposed total project amount will be due to resume work on the project. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of the agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.
LATE PAYMENT
A monthly service fee of 1.5 percent, or the maximum allowed by law, is payable on all overdue balances. All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
PROJECT COPYRIGHT
The Client will be assigned rights to use the Web Design Project as a website perpetually, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, work-up files, and computer programs are specifically not transferred to the Client and remain the property of their respective owners. WIXCreate and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
WEBSITE CONTENT
Is the textual, visual or aural content that is encountered as part of the user experience on websites. It may include, among other things: text, images, sounds, videos and animations. The Client is expected to supply WIXCreate with complete text and graphics, this includes (but not limited to) text, copy, forms, legal disclaimers, privacy policies, terms and conditions, images, graphics "the content" in an easy electronic format for this Web Design Project as soon as possible for WIXCreate to finish the website on time. The Client is responsible for providing the entire content (text, imagery, and graphics) in a timely manner and understands that WIXCreate will not be responsible if the Web Design Project remains largely unfinished or is delayed, due to his or her own inaction. Please Note: WIXCreate in efforts to keep the project moving forward may use filler text or sample/filler images. At no time does WIXCreate represent that the temporary filler text or sample/filler images are written by WIXCreate copywriters or images/graphics are that of WIXCreate or that WIXCreate holds licensing for. WIXCreate pulls sample/filler images and text from royalty free sources and uses them on the site as examples and filler in efforts to keep the project moving forward and on schedule. WIXCreate does not guarantee that sample/filler images used and placed by WIXCreate are not copy-written or royalty free. It's is the obligation of the client to provide, ensure or confirm that all "content" (text, copy, forms, legal disclaimers, privacy policies, terms and conditions, images, graphics) is authorized for use. Furthermore, WIXCreate does offer copywriting services and can purchase license rights to non-royalty free graphics/imagery at an additional cost.
SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practices.
CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage, that you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of WIXCreate under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
SUBCONTRACTING
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
NON-DISCLOSURE
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
BACKUPS
You are responsible for maintaining your own backups concerning your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the Commonwealth of Virginia USA. The parties agree to submit to the non-exclusive jurisdiction of the courts of the Commonwealth of Virginia in relation to any dispute regarding this agreement. It is agreed that any such disputes will be resolved by binding arbitration under the rules of the International Arbitration Association using Zoom conferencing.
E-COMMERCE
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify WIXCreate and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
SUPPORT SERVICES
During the first {1} month following completion of the site, WIXCreate shall provide up to [3] hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support will be billed on a time and materials basis at WIXCreate standard rate. The services do not include enhancements to the Project or other services outside the scope of the Proposal.
THIS AGREEMENT
This legal agreement, the “Project Proposal” and constitutes the sole agreement between WIXCreate and the Client regarding this Web Design Project. Any additional work not specified in this agreement or any other amendment or modification to this agreement must be authorized by a written request signed or agreed via email by both Client and WIXCreate. All prices specified in this contract will be honored for 3 months after both parties agree to the contract. Continued services after that time will require a new agreement.
The undersigned hereby agree to the terms, conditions, and stipulations of this agreement.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed upon by both parties.
AGREED TO:
By Client (Electronically Consent) – No Signature Needed
Duly Authorized
WIXCREATE - No Signature Needed, Valid only After Receipt of Deposit Payment