Terms and Conditions

Agreement

Here at Wibsy, a Blue Ink Web company, we’re committed to delivering you a web design that you’ll be proud to use. Part of that commitment is formalizing your and our understanding of the project in which we’ll both agree to fulfill obligations to one another. By completing your purchase, you agree with these terms and conditions, that formal understanding to which we’ll simply refer to as the “agreement.”

Scope of Work

It’s important that we clearly define that work that Wibsy will provide to meet your goals for this project. We may have had one or many phone calls, meetings, emails, or other discussions to understand what you want to achieve. The Scope of Work is determined by the package you select: Lean Website, Core Website, Growth Website, Pro Website any optional add-on. All websites regardless of package include: two rounds of edits prior to launch, basic SEO, mobile optimization, AudioEye ADA accessibility, monthly hosting with SSL, and up to two-hours per month of minor edits.

Payment

Base Cost

The base cost of this project is the first month's subscription fee. You may cancel your subscription at any time. No refunds will be issued once our team has begun development of your website or copywriting project.

Monthly Charges

Each website is purchased on a monthly subscription basis. We require you to provide a valid credit card at the time of checkout. You will be charged on that credit card each month until you advise us to cancel any such subscription before its applicable renewal period. Notice must be given no less than five business days prior to the renewal period. Declined payments will result in the un-publishing of your website until payment is made. Once payment for any past due amount is made in full, the website will be re-published.

Other Costs

Sometimes Wibsy is required to purchase stock images for use in our client's website project. This cost will be passed along to the client for the rate of $7/image. You have the right to purchase and/or provide any images you'd like used on your website. We cannot use any image that you do not own the rights to. Images cannot be downloaded from Google or other search engines for use on your website.

Each website comes with up to two hours of minor edits per month. Please refer to the "Revisions" section for clarification on edits. Hours do not roll over from month to month and are "lost" if not used in prior to the renewal period. Occasionally, you may need updates that require more than two hours or fall out of scope of our revision policy. These updates will be billed at $150/hour, in 15 minute increments. We will notify you of these costs and require written approval prior to beginning that work.

Timely Payment

Prompt payment of all due costs is part of your commitment to this project. Once work begins, all payments are non-refundable. We’ll send you a notice of any overdue cost or failure of your credit card to be charged for any of the monthly charges. If you do not pay us in full within 30 days of our notice of the overdue costs or provide a valid credit card for the monthly charges as applicable, then we’ll stop our work, terminate this agreement and charge you the costs that we incurred for this project up through the date of termination.

Revisions

The base cost of this project includes two rounds of edits at no extra cost to you. Note that edits are not that same as changes to our Scope of Work. Edits are basic redesign elements that stay aligned with the Scope of Work. Edits are typically updating text or moving/swapping out photos. A “round” of edits is one correspondence from you to us, which may include more than one edit. If you want more than two rounds of edits, we’ll charge you at a rate of $150/hour. If you’re unsure whether what you want to request is an edit or change to the Scope of Work, then please ask us before submitting it. Once your website is live, adding a new page is not considered an edit and will be billed at our hourly rate.

Hosting

To protect the integrity of your website, we require that all websites designed and built by Wibsy are also hosted by Wibsy. This cost in included in your monthly subscription fee. In order to launch your site, we'll need admin access to your domain registrar or your login credentials.

Termination

You may terminate this agreement and project at any time. However, you’ll be liable to us for 100% of the base cost of this project and any additional charges or costs that we incurred on your behalf. We may refund a portion of the base cost that you paid to us depending on the amount of time we spent on the project when you notified us of your decision to terminate. Any such refund is at our sole discretion and will not include expenses of monthly charges or any other charges or costs not included in the base cost. 

Timing and Feedback

We will provide conscientious and diligent services while working for you under this agreement, but we do not guarantee delivery dates. Except for your payment to us, neither party will be liable to the other for circumstances beyond their control. While we do our best to meet all of our clients’ timing expectations any such date agreed to is only an estimate. If after we’ve begun working on the project and we recognize circumstances that may delay any deliverables, we’ll try to notify you and update our timelines appropriately.

We also depend on you for feedback at various stages of our project. We require your prompt response with the information we request. If we’re waiting for your feedback for longer than 2 weeks, then we may terminate this agreement and hold you liable for the same amounts as stated in the Termination section. 

Intellectual Property

You’re solely responsible for all copyrighted material used in your project. Any use of copyrighted materials used in your project that need to be purchased from third parties are your responsibility. While we will assist you in the procurement of these materials we do not enter into contracts with third parties for the use of their copyrighted material. We don’t provide stock photos or any other material unless purchased by you. When you provide us with any material, we rely on you having all of the necessary rights to use it. Therefore, you represent and warrant that any elements of text, graphics, photos, designs, trademarks, artwork or other material that you provide to us are either owned by you or that you have the appropriate permission from the actual owner to use it for this project. You shall indemnity, defend and hold us harmless from any and all third party claims, damages or losses (including reasonable attorneys’ fees) related to infringement of any intellectual property right or copyright with respect to any material you provide to us.

Warranty

We take pride in what we deliver to you at the end the project. We warrant to you that our product will conform with the Scope of the Work when we have completed working. Except for that warranty, we make no warranty of any kind with respect to our product or service, either express or implied. We exclude all implied warranties, including but not limited to the implied warranties of fitness for a particular purpose and of merchantability, and of trade usage or dealing.

Limitation of Liability

Your sole remedy for any cause of action arising out of this agreement, including negligence, is expressly limited to reworking the product to conform to the Scope of Work or a refund commensurate with the product that doesn’t conform to the Scope of Work, at our option. In no event will we be liable to you for special, incidental or consequential damages, loss of anticipated savings, wasted expenditure, or for loss of revenue, loss of profits, loss of business opportunity or loss of goodwill even if we are aware or have been advised of the possibility of such damages or loss may exist. Our aggregated liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the amount you actually paid us.

Dispute Resolution

This agreement and any dispute arising out of it will be governed by the laws of the State of Illinois, U.S. You and we agree that the state courts of DuPage County, State of Illinois, U.S., will have exclusive jurisdiction for determining any dispute relating to this agreement. The prevailing party in any such dispute will be entitled to recover its reasonable attorneys’ fees and other litigation costs and expenses incurred. Nothing in this section limits our right to bring an action against you in other courts of any other jurisdiction in which you have assets to enforce a judgment against you.

Communication and Support

After you make the first payment, we’ll assign you a developer. Please contact your assigned developer for any questions regarding the project. For questions about using your website, such as email setup and issues, domain, site transfer, Google analytics and listings, first visit our help center at this URL: https://support.multiscreensite.com/hc/en-us. If you still need more help, we’re happy to assist but will bill you in 15-minute increments. For our billed support services ($150/hr), please submit your request to: support@blueinkweb.com 

Copyright and Ownership

Copyright to the finished assembled work of web pages produced by Wibsy shall be owned by the client after 12 months of monthly charges. After that time, you may request the code files and migrate your website to another hosting provider. Rights to the photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners.

Relationship and Permissions

We are working for you as an independent contractor, not as a partner, joint-venturer or anything similar. If the project requires us to develop or improve your website, then you grant us permission to install your web pages on our server. You also authorize us to publicize the completed website to Web search engines, as well as other Web directories and indexes. Finally, you allow us to publicize that you were a client of ours on our own website and other promotional material, which may include using your trademark or logo.

By signing below, you agree that you’ve read and understood the terms and conditions, that you’ll fully comply with its terms, and you’re duly authorized to sign on behalf of you personally or your company. You further agree to be added to any Websy or Blue Ink Web email list, with an option to unsubscribe within the email.

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380 E St. Charles Rd, Box 1356, Lombard, IL 60148

630-938-1513

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support@getwibsy.com