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E-DOCUMENTS

TERMS & CONDITIONS

WebCreationUS Terms and Conditions of Business

Definition of our terminology as used within this document:

  1. A 'Project' is any work undertaken or service provided by WebCreationUS LLC for the client on their request and as described in our confirmation order email to that Client.
  2. ‘You’ or 'Client,' is a person, persons, business or organization using any of the services provided by WebCreationUS LLC.
  3. ‘We’ or ‘us’, means WebCreationUS LLC
  4. 'Live Mode' means the date the website is available on the client’s chosen domain.
  5. 'Domain' is the website address as specified by the client.
  6. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
  7. 'Hosting' is a yearly cost to keep a clients' website activated online.
  8. 'Content' is both text and images that the client requires on the website.
  9. 'mb' stands for megabytes and is a measure of storage space.

General

  1. The contract between WebCreationUS LLC and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

  2. The works to be carried out shall be as set out in the WebCreationUS LLC invoice which can be found attached to the confirmation order email.

Legalities, Copyright and Intellectual Property

  1. All website text content shall be provided by the client unless the client has purchased the 'Content Writer' package in conjunction with their website. Images still need to be provided.

  2. WebCreationUS LLC shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. WebCreationUS LLC reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.

  3. Where images used on the website have been purchased by WebCreationUS LLC on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. WebCreationUS LLC are not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organizations.

  4. WebCreationUS LLC makes no claims that the contents of this website may be lawfully viewed or downloaded outside the United States. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United States, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of the United States. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of the United States. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
  5. WebCreationUS LLC cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by WebCreationUS LLC.

Paying for your project


  1. We charge for the design and development of websites at various stages. Before we start work, a 50% deposit of the total sum due is payable (the deposit). This secures your development slot, and homepage design. When the websites design is approved by you and the home page is completed, a further 25% is due (design payment). This covers all coding work. The final 25% is payable when the website is complete and ready to ‘go-live’ (final payment) Your website will only be switched to ‘live’ mode when it has been paid for, in full. The initial deposit payment is non-refundable after WebCreationUS Llc has committed resource or completed research and/or design work on the client’s behalf. WebCreationUS Llc own all design and code of the website until final payment has been received in full.

  2. Before starting any website build, WebCreationUS Llc will provide the client a quote outlining the included website features. These features will also be included on the initial invoice. It is agreed that these features are final. Additional features requested during the development of the clients’ website are subject to additional charge. By making payment, the client understand what work will be included.

Communication

  1. Email is our primary method of contact with regard to all communication for your websites design and development. We have website designers and developers working for us in various parts of the world –including India, Serbia, Japan, Estonia and United Kingdom, as well as in the US. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the design or development of your website that your developer is unable to resolve by email, you can contact our telephone support service during US office hours on 1-877-565-2825. For geographical reasons, direct telephone contact with your assigned designer/developer maybe impractical.

  2. It is the client's responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.

  3. It is important for the client to keep in contact with WebCreationUS Llc throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the client wishes to postpone the project for a period longer than 2 weeks, please contact us. We reserve the right to levy a $100 administration fee if the client returns after an unapproved postponement where the time since last contact is less than 6 months and wishes to continue work on their project we shall need to provide a new quotation for the project and your original deposit will be non-refundable or transferable.

Website Design and Development

  1. Design is subjective, and for this reason we offer ‘unlimited design revisions’. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft (Homepage excludes functional elements. This occurs in the coding stage). Design changes beyond this point are subject to additional charges.

  2. WebCreationUS Llc will provide the client with an expected completion frame for the project (live on the internet), if requested. WebCreationUS Llc will provide a client access to its “Project Cycle” documentation to ensure a client is fully aware of the responsibilities they have to ensure a successful and timely development. Actual timelines may vary based on the clients’ commitments and availability.

  3. Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client's website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customizations made by the developer is still passed to the client upon final payment.
  4. WebCreationUS Llc will populate twenty (20) e-Commerce products, unless otherwise stated elsewhere. Uploading more than twenty (20) is subject to an additional charge. WebCreationUS Llc will provide full support to the client on how to manage the admin portion of the website.

  5. WebCreationUS Llc cannot enhance/ alter/ manipulate images provided by the client, unless otherwise stated elsewhere. If images are selected by the client from our stock photo library, they are selected ‘as is’, and cannot be enhanced/ altered/ manipulated, unless otherwise stated elsewhere.

  6. WebCreationUS Llc may place dummy text “Lorem Ipsum” on a client’s website if the client has yet to provide written content. This is done for visualization purposes only and is not final.

Hosting and Search Engine Optimization

  1. WebCreationUS LLC will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, WebCreationUS LLC will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. All standard hosting offered by WebCreationUS LLC is limited to 500mb of website space unless otherwise stated in a separate contract.

  2. WebCreationUS Llc hosting is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. Hosting services are not obligated, so the client can transfer their website at anytime.

  3. The hosting renewal charge must be received within 7 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of $100 for reactivating the website/hosting.

  4. If the client does not use WebCreationUS LLC hosting services, then the management and hosting of the domain name are the full responsibility of the client.

  5. If the client does not wish to renew the hosting, the site files and associated data can be made available to the client for free on request and the domain name can be transferred to the client's registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to a charge. WebCreationUS Llc reserve the right to delete the website from our servers 3 months after the date your hosting expired if you choose to not renew the hosting.

  6. WebCreationUS Llc do not take any responsibility for a client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.

Domain Names and Links

  1. If required, a domain name will be registered by WebCreationUS Llc on behalf of the client once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe, or in accordance with ICAAN’s transfer policy.

  2. WebCreationUS Llc provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times. We place a small text link on the footer of our client's website that simply states the website was designed by WebCreationUS Llc and links to our company website. This link can be removed, if required.

Support

  1. While a website is hosted with WebCreationUS Llc, we shall be available between the hours of 9.00am and 5.00pm (Arizona Time), Monday – Friday. This excludes all bank holidays. Within a reasonable time period we will look to fix any issues with the website which are not due to a customers doing.

  2. WebCreationUS Llc email accounts are available on any device that supports email. These include the Apple iPhone and Samsung Galaxy as well as many others. WebCreationUS Llc will provide instructions on how to setup email on these devices via our support area on our website. We are not able to provide email or phone support for these devices.