WEBSITE SERVICES AGREEMENT
In addition to the terms and conditions in the general provisions and other applicable sections in the agreement, the following additional terms and conditions shall apply to purchases of webxilla.com (hereinafter referred to as “webxilla.com” or “webxilla”) custom website design & development services (“custom website services” or “website” as further defined below).
1. Description of custom website services.
- webxilla.com will construct a internet site (hereinafter referred to as the “website”) for the purchaser (“you” and/or the “customer”) as recognized and defined in the associated signal-up or order process and similarly based upon direction and input provided to us through you. The services referenced in this segment can be collectively known as the “custom internet site services” or “internet site”. Difficulty to the terms and situations of this agreement (which includes this and all different relevant sections) and throughout the term of this settlement, webxilla.com has the same opinion to provide to you the custom internet site services described at the webxilla.com internet site at the time of purchase and acquired via you for the duration of the sign-up or order procedure. Webxilla.com reserves the proper to amend its custom website services offerings and to feature, delete, suspend or modify the phrases and conditions of such custom website offerings, at any time and sometimes, and to decide whether and while this sort of modifications practice to both present and destiny clients. Inside the occasion webxilla.com refers you to a accomplice or associate and you have interaction such partner or affiliate to at once provide web site design or brand design services to you, you understand and agree that webxilla.com is in no manner accountable for the offerings provided by way of that associate or associate and that the terms and conditions of that companion or associate will observe to the supply of those services provided by way of the companion or associate.
- patron hereby grants to webxilla.com and its vendors and subcontractors all necessary rights and licenses with respect to the consumer’s internet site or logo created by webxilla.com to be able to carry out its obligations beneath this agreement and to make an inexpensive variety of archival or returned-up copies as deemed important with the aid of webxilla.com. Webxilla.com isn’t always chargeable for archiving documents, image work, bodily items or net pages created for customer or documents, picture paintings, bodily goods or files which can be mailed, e mail or faxed to webxilla.com. Webxilla.com isn’t answerable for returning any files, files or bodily goods emailed, faxed or mailed to us.
- for the custom internet site carrier, webxilla.com will help the customer with the design of a internet site the use of webxilla.com website constructing tools, which include but no longer constrained to the proprietary content material management gadget platform, known as “ficms”, and all of its related modules (top rate add-ons), plugins and code customizations as decided on by way of webxilla.com at webxilla.com’s discretion. Such gear may additionally encompass or utilize 0.33 party applications. Sure website constructing gear used for the custom internet site service may make use of default templates (additionally referred to as themes) which are subject to terms and conditions of the gnu trendy public license found at http://www.gnu.org/licenses/vintage-licenses/gpl-2.0.html. Additionally, the custom website services may also include extra internet advertising offerings as outlined in advance in writing by means of webxilla.com and as in addition governed by way of this settlement.
- as part of the custom internet site services, your design can be dictated by means of an order shape, questionnaire, and/or statement of work (the “sow”). This stage of provider is an offering whereby a client can request that webxilla.com design and create a internet site for them using state-of-the-art pictures, advanced layouts and other capabilities. You may acquire a custom internet site designed and developed by webxilla.com. Although webxilla.com will custom layout your internet site based totally off of an existing pre-designed template (additionally known as a subject matter), your website can also contain a few functions and design factors utilized in different web sites designed via webxilla.com. In case your layout falls outside of this general presenting and calls for extra customization, further to the terms and conditions set forth in this agreement and this phase, you will be bound via the terms of the sow which shall be organized through webxilla.com and together agreed to via customer and webxilla.com. The sow may additionally include, but may not be limited to, a listing or description of the offerings our designers will offer as part of the custom website services, a listing of technical, photo or different unique functions in order to be incorporated into your website, relevant expenses and charge time table, and an outline of any applicable cancellation rate or coverage. This sow shall emerge as a part of this settlement and shall be difficulty to all terms and situations of the settlement.
- Your responsibilities. In order for webxilla.com to perform the custom internet site offerings in accordance with this settlement, you shall be answerable for doing the following:
- providing webxilla.com with all facts asked through webxilla.com in addition to any custom photographs (which include, however no longer restricted to, layout, pamphlets, brochures, emblems, and different pics) that you wish to have utilized in connection with development of your internet site;
- offering webxilla.com with all content material required to populate the pages, unless otherwise stipulated by means of plan selected or accessories purchased which could in any other case alter and/or negate this requirement.
- contacting webxilla.com promptly to make changes, modifications, and improvements for your internet site beginning from the date of sale;
- contacting webxilla.com promptly with note of your selection to cancel or stop the custom internet site offerings beginning from the date of sale;
- obtaining internet connectivity to access your website, to send and acquire e-mail, and to in any other case access and make use of the net;
- to the extent that you gather any personal records approximately traffic for your internet site, you will now not proportion that private records with any 1/3 celebration with out first acquiring the traveler’s consent;
- making sure that the website content material provided via you does not infringe or violate the intellectual belongings rights (which include, however now not limited to, emblems, trade names, copyrights, patents, area registration rights, and exchange secrets) or any other right of any third birthday party (along with, however no longer limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to apply intellectual belongings or other proprietary statistics of 0.33 events. Through the usage of the custom website offerings, you constitute and warrant that any call or phrase submitted to be used as all or part of the url associated with your website does now not infringe any trademark or area call rights of any third celebration;
- making sure the accuracy of materials supplied to webxilla.com, together with, without problem, internet site content, descriptive claims, warranties, guarantees, nature of commercial enterprise, and speak to statistics for you;
- responding directly to diverse requests essential for the undertaking to move forward in a timely manner. For the duration of any level of the design procedure, a dressmaker or assignment manager can be operating with you to accumulate data to begin, comments to revise, or approval to complete your website. If a response isn’t acquired from you for greater than sixty (60) days, the layout project is considered “deserted” and charge is surrendered in full. Webxilla.com reserves the right to rate you a fee for repeated missed consultations, repeated rescheduling of consultations associated with any web site design paintings, and/or the reinstatement of your web site design to an active fame if no response has been received from you for 30 days; and
- following the timeline of sports furnished to you by means of webxilla.com, if any.
- Records and content material you offer. If you offer any statistics this is untrue, misguided, incomplete or now not current, or we’ve reasonable grounds to suspect that such information is untrue, erroneous, incomplete or not present day, webxilla.com has the proper to droop or terminate your account and refuse any and all current or destiny use of the custom website offerings (or any element thereof). You well known that webxilla.com does now not pre-screen content, photos and stock. But, webxilla.com and its designees shall have the right to eliminate any content material that violates the webxilla.com appropriate use policy (“aup”). You agree which you should examine, and undergo all dangers associated with the use of any content material, which include any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you can not rely on any content material created by way of webxilla.com or submitted to webxilla.com.
- Non-interference with the aid of you. Client will use the custom website services in a way which does not intrude with or disrupt different network users, services, or gadget, and webxilla.com reserves the right to terminate or suspend the custom website services without word if such interference is decided by using webxilla.com to exist. Such interference or disruption includes, but isn’t always confined to:
- wide-scale distribution of messages, including bulk email or unsolicited spam electronic mail, or huge- scale distribution of messages to inappropriate mailing lists, newsgroups, or different public or non-public forums;
- propagation of laptop worms or viruses; and
- use of the network to make unauthorized entry to other computational, facts, or communications devices or sources. This includes unauthorized protection probing activities or other tries to evaluate the safety integrity of a community or host device with out permission.
Five. Unauthorized or beside the point use.
- webxilla.com reserves the proper to disclaim, terminate, or suspend custom website offerings with out be aware if, in webxilla.com’ sole discretion, the custom website offerings are used by customer in a way that violates or can also violate the following requirements or the aup, and webxilla.com reserves the proper to reject, modify, alter, or remove your internet site, website area call, url deal with, or any internet site content (which includes, however no longer restricted to, any language, words, textual content, pictures, designs, drawings, pics, pix, symbols, or emblems) which webxilla.com in its sole discretion deems to be in violation of the aup or (i) an infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any 1/3 birthday party, together with without difficulty, any copyright, trademark, domain registration proper, change mystery, or patent right, or (ii) mentioning or implying that the internet site is located via webxilla.com or any birthday celebration with a contractual dating with webxilla.com, or that such events endorse the your services or products, or (iii) pornographic or obscene.
- webxilla.com neither sanctions nor permits hosted web page content material or the transmission of statistics that consists of unlawful or obscene fabric or fosters or promotes unlawful interest. Webxilla.com reserves the proper to immediately suspend or terminate any website online or transmission that violates this policy, with out earlier word. In the occasion of such termination, client has the same opinion that the unused part of any fees patron may additionally have paid for any offerings rendered to client with the aid of webxilla.com are the suitable recompense to webxilla.com for the time required to respond to and deal with problems created by using your unlawful or obscene website online/content, and purchaser has the same opinion not to searching for healing of those charges. Similarly, need to patron violate this settlement or the aup, webxilla.com will actively assist and cooperate with regulation enforcement organizations and government government in gathering and tendering records approximately purchaser, your internet site, the unlawful or obscene content, and those folks that could have inappropriately accessed, obtained, or used the unlawful or obscene content.
- Additional indemnification duties. Similarly for your indemnification responsibilities set forth some other place on this settlement, you compromise to shield, indemnify, and keep harmless webxilla.com and each of its officials, administrators, personnel, agents, associates, co-branders or different partners, and personnel of any of the foregoing, from, against, and in respect of: (i) any and all losses, damages or deficiencies due to any third party claim in connection with your internet site (consisting of, but no longer restricted to, website content) or the url, and (ii) all costs and prices incident to any and all moves, suits, proceedings, claims, needs, tests, or judgments in respect thereof irrespective of the merit thereof, along with reasonable legal expenses and expenses (whether incident to the foregoing or to webxilla.com’ enforcement of said rights or protection and indemnity).
7. Ownership of your content.
- as among patron and webxilla.com, all content material supplied by means of client to webxilla.com for inclusion to the internet site shall stay the sole and special belongings of consumer. Patron recognizes that each one content material is owned by customer or that patron has a felony right to such content material and that such content and the use thereof does now not violate the webxilla.com ideal use coverage (aup) in any manner. Purchaser is answerable for any and all claims associated with the content material. If consumer purchases a website call thru webxilla.com as a part of their internet site purchase, after the initial thirty (30) days following the release of the website (i.e., 30 days after the internet site goes stay), patron shall be granted rights to the area name patron selects for use with the website (the “domain call”), but webxilla.com makes no representations in any way with recognize to the rights to any area name that customer presents to be used with the offerings. Webxilla.com also can not assure availability of any preferred area name. Customer will similarly be accountable for all claims associated with your use of the area name.
- with the exception of your hobbies with admire in your content and rights to the area call as recognized in the preceding paragraph, possession interest to the website, along with, but now not limited to the html coding, scripting, copyrights, and all other highbrow assets rights, shall continue to be exclusively with webxilla.com and webxilla.com presents you a non-exclusive, revocable license to use these layout elements and related programs furnished you are present day with respect to the service charges and now not in any other case in breach of the settlement. Webxilla.com shall also have the right to display your internet site on its on-line homes as an instance of the design paintings webxilla.com is capable of provide for its clients.
- webxilla footer – customer hereby has the same opinion that the textual content footer link “web page by means of webxilla®” will appear on the finished web page. Purchaser may additionally pick to exclude or permanently eliminate the footer from its internet site, situation to a further one-time fee to webxilla in the amount of $1,000.00 usd.
Upon termination of the offerings, ought to consumer preference to acquire possession rights to the website, patron need to reap specific written permission from webxilla.com and purchaser shall in addition remit a price to webxilla.com for the mission of these rights to the internet site. Furnished patron isn’t always in default of the settlement and client is also modern with respect to payments owed to webxilla.com, the fee to be remitted for this assignment might be as follows: a thousand five hundred dollars ($1,500.00) after one (1) yr of successive web hosting, and preservation; or two thousand five hundred dollars ($2,500) previous to one (1) year of successive website hosting and upkeep with webxilla.com. This assignment to consumer of possession rights to the internet site shall be constrained to the real portions of the internet site seen on the internet and its underlying html coding as developed particularly for client by webxilla.com, and will be sent to purchaser through e-mail with a right away hyperlink to down load a compressed archive file (.zip report) inside thirty (30) days of remitting price, however this task shall now not encompass any rights to webxilla.com’s software program, change secrets, methodologies, approaches, proprietary functions, expertise, and all highbrow property which include, however not constrained to, all copyrights, trademarks, patents, and alternate secrets associated with webxilla.com’s services or products, which shall continue to be the sole and different property of webxilla.com and its respective providers, affiliates, companions, and/or licensors. For all pictures which can be a part of the website and assigned to patron hereunder, client is granted permission to only use those pictures in the manner in which it’s miles provided to customer by way of webxilla.com (i.e. Embedded in the internet site) and no different use of the photos is permitted in anyway. Moreover, upon venture webxilla.com does no longer warrant the portability or functionality of the internet site in any manner to or on any platform, hosting or in any other case, that isn’t always provided by webxilla.com. The documents provided to you’ll be a static photo of your internet site that you may host on a third celebration server via a non-affiliated hosting company. But, all the functions and functions of webxilla.com, along with your add-ons, e-commerce gear and the potential to trade content material, will not be to be had after cancellation. You will need to have an internet developer flow your web site to your new hosting issuer’s server, keep it and make any modifications you desire. Following the termination of the offerings, furnished such termination takes place after the preliminary thirty (30) days following the launch of the internet site (i.e. 30 days after the internet site goes stay), and supplied patron is not otherwise in breach of the settlement, customer will maintain their rights to the domain name.
8. Charges and payment terms.
Charges for the custom internet site services decided on by way of you’ll be on a pre-paid foundation, due and payable at time of sale (that means at the start of the project) after which on a recurring basis, in advance of each billing cycle, throughout the time period of the agreement, unless every other rate or charge shape is together agreed upon by using you and webxilla.com in writing, specifically, the statement of labor or via other approach along with an order affirmation or welcome electronic mail. You furthermore mght agree to comply with the timeline set forth by using webxilla.com in the sow, if applicable.
Webxilla offers offerings in 3 tiers of pricing, each with its personal set of terms and responsibilities. You compromise to be bound by using the phrases and restrictions of the plan you pick on the time of purchase or time of account transition from one plan to any other. Those pricing degrees provide the identical service inside a selected plan, but your degree of commitment permits you to advantage from substantial reductions. Transitioning from one plan to another does now not alter the date of original venture creation that’s used to determine website purchase-out expenses upon carrier cancellation.
Until in any other case specified in writing, websites purchased with tier-3 month-to-month pricing (“tier three”) have no minimum dedication past the first month of provider, and are charged the highest published price for a particular plan. You compromise that with the aid of selecting tier-three pricing, that should you cancel service at any time all through a monthly billing cycle, you aren’t entitled to a reimbursement and are subject to and obligated to pay a $250 cancellation price if cancellation takes place prior to your second month of provider.
Until in any other case specified in writing, web sites purchased with tier-2 month-to-month pricing (“tier 2”) have a minimum commitment of six (6) months of carrier, and as such are charged a discounted rate from the very best posted price of a selected plan. With the aid of selecting this option you compromise, that so that it will get hold of the discounted published price for tier 2, which you are obligated to pay for the overall six months of carrier, and that have to you want to cancel your service prior to your sixth month billing cycle, that you are obligated to pay the closing stability as much as the 6th month billing cycle and are subject to a $250 cancellation charge at webxilla’s sole discretion. Once you’ve met the sixth month minimum commitment, you’re capable of cancel offerings and not using a prices or penalties.
Except in any other case laid out in writing, websites bought with tier-1 annual pricing (“tier1”) have a one-year annual commitment (12 months), and as such are charged at a drastically discounted rate from the best published fee for a specific plan. Via choosing this feature you settle, that so that you can obtain the discounted published fee for tier 1, which you are obligated to pay for the whole 12 months of carrier earlier, and that should you wish to cancel, you may only do so in the first 30-days of service as a way to obtain a reimbursement. You similarly agree that the refund furnished may be the amount paid, minus the difference between the then-current tier 1 and then-present day tier 3 pricing, plus a $250 cancellation fee and that no different refund could be supplied at any time.
Notwithstanding the above, you compromise that if within thirty (30) days of buy you pick out to cancel your subscription to the custom website services for any purpose, and no matter pricing tier selected, you’ll be obligated to pay a $250 cancellation price unless you qualify for webxilla’s money lower back assure. To qualify for webxilla’s money lower back guarantee, your refund request ought to be obtained in writing within 15 calendar days from the date of your purchase and, and prior to webxilla starting revisions in your internet site draft. Once your internet site draft is frequent as-is otherwise you request revisions to be made no refund may be furnished.
You in addition agree that inside the event you terminate your subscription to the custom internet site services, regardless of pricing tier selected, and previous to the transport of the custom internet site offerings, including the preliminary website draft provided by webxilla for your evaluation, you’re obligated to pay a $250 cancellation price until you high-quality for webxilla’s cash back guarantee. In case your custom internet site offerings have been finished and added to you (that means accredited and geared up to go “live” or having long past “stay”, you’ll now not get hold of money back of any charges paid and, inside the occasion we have permitted you to pay on a monthly (or different price-over-time) basis, you will be obligated to pay us for the stability of your time period based at the pricing tier selected at the time of purchase.
The purchase and of completion of any custom internet site offerings requires receipt of written content and pics by using you (“content”). If insufficient content is received we can entire your custom website offerings with placeholder content and supply the custom website offerings to you within the pointers of our timeline. Presently you may not be eligible for a reimbursement. Content submitted after timeline can be introduced at an hourly fee determined by webxilla.com, or as a part of a monthly preservation plan related to your venture.
You similarly agree, that in case you buy any custom website offerings and webxilla.com has furnished you with discounted pricing thru a chit code used at the internet site or carried out to your order over the phone and, no matter pricing tier decided on, webxilla.com shall have the proper to fee you, and you settle to permit webxilla.com to price your credit card, up to $250, should you choose to cancel the custom internet site offerings within thirty (30) days from the date of buy and after paintings for your custom website offerings has commenced.
Responses from you may be necessary for the mission to move ahead in a timely way. In these conditions, if a response is not obtained for more than sixty (60) days, the mission is taken into consideration “abandoned” and you’ll be obligated to pay us for the stability of your time period. Sooner or later, webxilla.com reserves the proper to charge you a fee for repeated ignored consultations associated with any custom internet site offerings paintings and you compromise to permit webxilla to price your credit score card for said charges.
Payment for the purchase of additional layout or development time after the custom internet site offerings were completed (“amendment time”) could be on a pre-paid, hourly foundation, due and payable at the beginning of every amendment (and each month thereafter if shopping additional amendment time). Some modification time may be included for your service, as stipulated within the signal-up or order manner. Once any such amendment time is exhausted in the course of the contemporary month or other billing duration, extra amendment time will need to be bought for a further rate. Additional modification time is billed at $ninety nine.00 in step with hour for change to current pages beyond the allotted range of mins included for your service, as stipulated within the signal-up or order manner; and $50.00 per web page for content web page improvement beyond the initial number of pages covered in your service, as stipulated in the signal-up or order process. Any unused modification time, paid or protected, shall no longer “roll-over” to be used in a subsequent month.
Domains blanketed as part of your plan, or ‘unfastened for 12 months’ as part of any plan will renew robotically each year at the anniversary of the account introduction date and at a rate of $19.99 in line with yr. Domain names purchased as stand-alone services mechanically renew yearly from the date of purchase at a charge of $19.99 in line with year. Cancellation of a website call calls for 30-days written word. It’s miles at webxilla’s closing discretion if any refund is issued ought to a cancellation request be submitted after the renewal date has handed. If purchaser cancels a bundled plan that included a ‘loose domain for three hundred and sixty five days” after the first thirty (30) days following the launch of the website, but elects to keep the area name registration through webxilla, general annual renewal expenses of $19.ninety nine nevertheless apply.
In case you received a website call through webxilla as a part of your plan, or ‘unfastened for 12 months’ and want to cancel your custom website offerings, you agree to permit webxilla.com to rate your credit score card a $35 area name registration and account switch charge. Webxilla will then create an account with a website call registration provider of webxilla’s choosing in your behalf the use of the touch facts on report with webxilla. This may initiate the registration and transfer of the area call out of webxilla’s account and into the area registration company account created with the aid of webxilla for your behalf. Upon verifying final touch of the transfer and price, webxilla will offer you with the login credentials to get entry to your new domain registration company account. From that point ahead you’ll be the listed contact representative of the domain call and the owner of the area registration company account and may be solely answerable for all next renewals and area registration duties thereafter.
Nine. Suspension and/or termination. If you breach any time period of this agreement which includes, however now not constrained to, the phrases of this time table or the aup, webxilla.com may additionally, in its sole and unique discretion, droop or terminate your custom internet site services right away and without be aware to you. Further in your duty to pay any set up and relevant prices for the custom website offerings, fees for the custom internet site offerings can also maintain to accrue on suspended money owed and you’ll keep to remain chargeable for the charge of any costs for custom website offerings that accrue throughout the duration of suspension.
Refunds aren’t available for custom website offerings as soon as you’ve got authorised your layout composition and/or decided on your design template. In any event, after one (1) year from the date of purchase, no refunds will be supplied.
- Modifications and costs.
The fees and adjustments agreed to in any sow are specific to you. Any sow prepared for you is legitimate for thirty (30) days from the date it’s far provided to you and will become void thereafter. If any change or alteration is made to the sow, webxilla.com may difficulty to you a revised sow and might require you to purchase additional custom internet site offerings, which may be billed to you at an hourly price.