Terms of Service
- Entitlements and Expectations
- Dealing with Copyright
- Third Party Software
- Cross Browser / Multi-Device Support
- Content and Copy
- Revisions and Modifications
- Timeline or ‘What to Expect When’
- Hosting / Email
- Payment Terms
- Early Termination
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down. In this contract you won’t find complicated legal terms or large passages of unreadable text. We simply want what’s best for the safety of both parties, now and in the future.
You are becoming a Webfluence member to benefit from the services we offer (which include web design, development and set up/management of marketing channels & analytics) for a business website for the monthly price specified on the Web Packages page.
2) Entitlements and Expectations
By using the online sign up form provided by Webfluence, you have the power and ability to enter into this contract on behalf of your company or organisation.
Upon signing up with Webfluence and becoming a member, you will be given access to a ‘members only’ area where you can use a series of online forms to supply us with the vital information about your business to help ensure we build an optimal online presence for your business.
You also agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it.
You agree to review our work and provide feedback in a timely manner.
Due dates and time-lines work two ways, and you will also be bound by any dates that we set together (including the monthly payment schedule).
We have the experience and expertise to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.
We will also uphold and maintain the confidentiality of any information that you give us.
3) Dealing with Copyright
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them.
At any point on your packaged plan (providing you don’t use the money back guarantee) copyright of the following is automatically assigned to you right away:
- Creation / improvement of your logo is owned by you.
- Any graphics created for social media is owned by you.
- Any other collateral media that is NOT created directly for the website is owned by you.
When we receive your payment for the 12th month, copyright is automatically assigned as follows:
- You own the graphics and other visual elements that we create for the website.
- You own the right the move your website to a different host or agency.
- The custom HTML markup, CSS and other code are licensed to you for use within your business or organisation – you are not allowed to make multiple copies of any lines of code with the intention to sell them.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
4) Third Party Software
The use of third party software enables Webfluence to provide a high end service with full functionality at a fraction of the cost as compared to custom coded functionality. So in using third party software such as WordPress, we can bring costs down dramatically for you and your business.
Because we use third party software, we can’t guarantee that the your website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.
However, should any errors or downtime occur, we will be committed to resolving the issue with great urgency and care.
5) Cross Browser / Multi-Device Support
We will develop your website using valid HTML5 markup and CSS3 for styling. We will test all of our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Google.
We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in other recent browsers.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 6, 7 and 8 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified.
If you need to show the same or similar visual design to visitors using these older browsers, we can do so upon request. This would be recommended if the demographic of your audience is still using old technology – analytics data can help us to identify this.
Retina or Ultra HD support will be done incrementally and situationally – analytics data can also help us to identify the need for this.
6) Content and Copy
We are not responsible for writing any text copy for your website. Custom copy and custom images (specific to your particular business) will need to be supplied by you.
Tip: You can easily use your smart phone to quickly supply custom images for your website – don’t worry, we will enhance them for the web.
You will have access to the admin of your website where you can easily add, edit or format content. Any formatting completed by Webfluence will count towards the total allocated hours for your packaged plan – This is only something to be aware of if there are large amounts of content being dealt with, and in any case we’ll let you know the status of this.
7) Revisions and Modifications
All revisions and modifications will be counted towards the total allocated hours for your package.
8) Timeline or ‘What to Expect When’
Beginning from the very first payment, you will have a window of 14 days for the ’14 Day Money Back Guarantee’ to help ensure you’re satisfied with the direction of your project.
As soon as you’re signed up with Webfluence, you’ll be given access to a series of forms in which you can supply as much information as needed for us to begin constructing your online presence.
After this information has been collected, we’ll begin work on a mood board to get a feel for the design direction. We will then construct a mockup of the intended design and make it available to you for feedback.
Depending on your feedback, we’ll either refine the mockup or begin constructing the website. This will now be week 2 or 3 depending on the information gathered and the feedback of the mockup.
By week 4 to 6, we’ll have the website fully functional and ready to go live.
You will now have the option to buy specific advertising directly through your member area OR you can simply assign a designated amount to advertising and we will run/monitor/refine your campaign(s).
We will continue to refine your online marketing to ensure you are receiving the best value for money.
Alongside paid SEM (Search Engine Marketing) we will also concentrate and continually refine your organic SEO (Search Engine Optimisation). Organic SEO is focused on the content structure of your website, and how easily it can be crawled and understood by search engines.
Another factor that we will focus on is conversion – how well your website converts visitors to active enquirers, customers or anyone fulfilling your desired goals. So in other words, our priority is to ensure your visitors are successfully completing your goals for the website.
9) Hosting / Email
Uptime of 100% is not guaranteed for your website or email accounts. This is because we use third party services and cannot be held responsible for their downtime. Any interruption of service is a rare event and all providers guarantee a 99.9% uptime.
Because these services are third party, we cannot be responsible for any security breaches that may occur. We recommend using strong passwords for all of your accounts and will assist you is choosing a safe password if you require it.
During the set up phases of your hosting, migration of domain name or email accounts there is a possibility of some downtime as these initial transitory phases require the propagation of new IP addresses in the network to be fully functional. We cannot be held responsible for this downtime.
Your website and all files related will be backed up in a number of locations to maximise the security of your online presence. Webfluence has a sophisticated backup procedure in place for your security.
In the event of your website being hacked or compromised by a malicious entity, we will immediately move to remedy this situation for you. Because we use third party software and the web is a continually advancing field of technology, we cannot be held responsible for any downtime incurred as a result of a hacked website.
We take appropriate steps to secure your website from any malicious attacks and continually update the software as needed to try to prevent your website from being compromised in any way.
11) Payment Terms
All payments are to be paid at the end of each subscription month (from the date of signing up).
In the event of a declined credit card transaction you’ll be notified immediately and will be given 2 weeks to correct payment, or negotiate an appropriate payment schedule.
If payment is not organised within the 2 weeks, or a payment schedule has not been put in place, your service will be paused i.e. your website will show a simplified contact page.
12) Early Termination or ‘No Communication’
There are no fixed contracts in place, so you can freely cancel your service at any time using the members area. This will cancel your website, hosting and email accounts.
If you wish to take the website with you and 12 months of subscription has not passed, you can buyout ownership of your website by paying for the remaining months of your subscription totalling 12 months (the monthly rate to be paid will be 90% of your current packaged plan).
Referring to 11) Payment Terms, if no communication follows the 2 weeks of not renewing subscription or organising payment, the paused period will continue for another 2 weeks until your service will be terminated.
Early termination within the first 14 days of signing up is subject to the ’14 Day Money Back Guarantee’ and more information can be found on the Our Guarantee page.