Terms and Conditions/ Service Agreement

DEFINITIONS

Buyer, (also referred to as “You” "Your" or “Credit Card Holder” "Customer" or “Client”).

Seller, WWAD Creations buisness (also referred to as “Our”, “Us” or “We”).

Electronic Consent

In lieu of this electronic “Terms & Conditions”, you have a right to request a copy of these “Terms & Conditions” before signing up.

If you want a copy, please click the link below to download the terms and conditions .

Terms and Conditions PDF

TERMS AND CONDITIONS:

These are the standard terms and conditions for WWAD Creations and apply to WWAD creations, the client, all contracts,  and/or all services given to the client.

SERVICE CHARGES

100% of the total fee (Fees vary per clients needs) is due immediately after consultation and agreement to purchase our services with the website design and development work.

We reserve the right to not start on any work until the clients total fees have been paid in full.

All prices are listed in U.S Dollars.

You will receive unlimited revisions until your website is to your reasonable satisfaction but is subject to the terms of the approval and rejected  clauses or 30 calendar days whichever is earlier.

Unlimited revision period expires 30 days after the completed work is submitted to you. We are not responsible if you the client view the work later than when work was submitted to you and will not extend the 30 day revision period.

We will however extend the unlimited revisions expiration date if the reason is understandable and there is proof of the reason ( injury etc). We do this for the client but also need proof so that we are protected from individuals that choose to take advantage of this exemption to the unlimited revisions expiring.

REFUND POLICY

Our purpose is to provide you with quality work and to meet your expectations with your website design and package services. If you are still not pleased with our work, our refund policy works as below:

100% deposit would be refund, if requested within 14 calendar days from date of order.

Refunds are not applicable on domain registration fees. If you do not want your domain , you can either chose to not reregister the domain when it expires or you can sell the domain through flippa.com

Refund not applicable for any delays resulting from client negligence.

Negligence includes;

Lack of communication; failure to respond within a reasonable time frame (15 days)

If a client purchases a premium package  and has a set date foe updates but does not send us information to update , this will not carry over to the next month and you will not recieve any form of credit if your monthly update was missed.

Clients with set amounts per year for us to update and add content to your website  are responsible for setting these up and  communicating  to us when these will be used . These amounts do not carry over annually.

Refund not applicable on web hosting fees.

All packages are for an annual basis. It is your responsibility to use these services purchased before renewal time. No carry overs or refund amounts for services not used prior to renewal.

SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with 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 reserve the sole right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.

REVISIONS

We offer unlimited revisions to the design within 30 days after we  submit to you the finished 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.

We only offer one design change annually depending on the package you purchased. Revisions are for minor changes . If you decide to change the whole design and you do not have a 1 annual design change available or it was already used then you will be charged.

Our website development process is flexible and allows certain variations to the original specification. However any major changes from the specification will be charged at the rate of $45 per hour.

Unlimited revisions expire 30 days after we submit to you the design

or when you approve the design, whichever is sooner.

PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation along with complete and final content for the work pages.

During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

We will not be responsible if the web design project remains largely unfinished or is delayed, due to your own inaction, or by not approving design mockups / requesting web design changes on time.

After the initial 30 calendar days, if the project is still unfinished

$45/hour would be billed for any further change request ( unless you use the amounts your allotted for updates or your annual design change)

APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it.

You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved.

Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed.

The full refund period of 14 days will not apply and you will not be able to request a refund.

REJECTED WORK

If you reject the design and or services within the 7-day review period and  do not approve  work revisions performed by us to fix any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work.

PAYMENT

Upon completion of the 7-day review period and before the launch of website on your domain name, we will invoice you for the balance of the project, if any are due.

We will never automatically charge your card without your approval. We reserve the right to remove any Web Design Project from viewing on the Internet until final payment is made.

You unconditionally and personally guarantee the payments. In case collection proves necessary, you agree to pay all fees (including all attorney’s fees and court costs) incurred by that process.

We however choose alternative dispute resolutions first and request you be clear with your needs and requests while also following our terms and conditions.

If you feel like we have wronged you in anyway, please contact us and we will work together to properly find a win win resolution.

COPYRIGHTS & TRADEMARKS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us not liable from any claims or legal actions related to the content of your website.

LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and contents for the life of the website.

SEARCH ENGINES

All website designed by us are search engine friendly. However we do not guarantee any specific position in search engine results for your website. We perform search engine optimisation (SEO) according to current best practices. We are not responsible if there are changes made to third party search engine algorithms that change how the SEO best functions.

We will index your website into google, yahoo, msn/bing. At your request , you may request other search engines .

CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

DISCLAIMER

Notwithstanding anything to the contrary contained in this contract, neither WWAD Creations nor any of its contractors, agents, or partners warrant that the functions contained in the web design project will be uninterrupted or error-free.

In no event will WWAD Creations or its owners or contractors will be liable to you or any third party for any damages, including, but not limited to:

Service interruptions not caused by WWAD Creations ( natural disaster , servers down, etc) ,the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitor’s computer or Internet software, even if WWAD Creations has been advised of the possibility of such damages.

ASSIGNMENT

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/SERVICES

You agree to pay WWAD Creations any requested additions which are not included in our set package plans and/or agreed upon custom plan

This  including but not limited to additional pages, per hour design change fee's, purchase of third party software, stock photographs, fonts, domain name registration, web hosting,SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately upon your request.

BACKUPS

You are responsible for maintaining your own backups with respect to 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.

We do however provide backup software that will backup your website every 24 hours . These backups are stored within your website drive.

We recommend you having a cloud account to ensure no information is lost in case of data loss.

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We supply web products and hosting through affliate links with our partners, we receive a commission for referrals.

We will supply to you account credentials for access to your website ( If built new ) that we have set up on your behalf once your payment has been made and cleared through your financial institution and our's. Once we recieve the full payment then we will email you all the instructions, information, and credentials for your website.

If you need assistance in transferring, we will do that transfer for you with a $39.99 fee.

OUR RIGHT OF REFUSAL

Smart Start reserves the right to refuse or terminate service to anyone for any reason not prohibited by law.

We do not discriminate based on gender, religion, beliefs, education, sexual orientation, personal activities, ethnicity and so forth.

We however follow ethical business practices and will not provide services to clients who involve smart start creations in unethical activity.

We have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated.

We do not support and will not tolerate nor provide services to clients with websites that promote violence, sexually immoral content, nudity, high obscenities and or any other harming content . We reserve the right to maintain a professional business and will not service such sites that can tarnish our reputation.

Legal Actions

Regardless of the place of signing of this agreement, you agree that for purposes of venue, this business is located in Arizona and all litigation and disputes will be settled in the Arizona court system.

However, You agree that before any litigation is attempted , You and WWAD Creations will attempt to work through alternative dispute resolution methods . This will save both you and WWAD Creations , time, money and any emotional/financial/reputable harm that can result from  a litigation.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed upon by both parties.