Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the Web Development Artistry website as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer services on this Website. The price of these services is as follows: Price is listed on the website for some services, while custom pricing will be provided based on the individual needs of the customer. This price includes all applicable taxes and other fees.

Purchases

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processors: PayPal, Stripe, Square and Authorize.net. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the services offered on our Website. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Client Obligations

You must follow all instructions provided by Web Development Artistry and provide in a timely manner and in the format specified, all information and materials requested by Web Development Artistry. Please note that links to content on other third party sites for retrieval will not be accepted.

The instructions provided by Web Development Artistry as to information and materials that you are to supply are designed to ensure your site is completed on time and within the specifications agreed upon. Noncompliance with these instructions will cause delays in delivery of your product and may result in you incurring additional costs.

At times Web Development Artistry may request domain name and hosting information from you. Once this information is received, Web Development Artistry may replace or delete files on your hosting account as needed in order to complete your project. You authorize Web Development Artistry to undertake these steps. Such activities may cause brief disruptions to your existing website, email and other services. If you have any special instructions or requirements regarding this, please advise Web Development Artistry immediately.

Once your site is handed over to you, any further work or changes will result in you incurring additional costs. It is your responsibility to check that the site is to your satisfaction prior to handover. Once the site is made live, you must check any functionality (e.g. checkout and payment processes) to ensure your site visitors experience the site the way you intend.

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 have the 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 invoice you for any part or parts of the work already completed.

Fees

The total cost of your project and any fees are set out in the quote provided to you by Web Development Artistry, and any ad hoc quotes that may be provided to you by Web Development Artistry from time to time.

You must ensure that you are aware of any costs and ongoing fees before you elect to proceed. Any monthly fees attached to your project must be paid in full in order to ensure your service continuity. Your site may be suspended or discontinued if your fees fall overdue outside of Web Development Artistry payment terms.

Your initial website consultations are included in your quoted project cost and form part of your deposit. If you do not decide to proceed with Web Development Artistry, you will not be liable for this cost.

Web Business Theme Package Fees

Web Development Artistry’s standard payment terms for theme packages are as follows: 50% of the quoted price will be required as an upfront payment in order to get your project started. This also includes the cost of your initial website consultations.

Any further expenses incurred including additional requested development work, content uploads, stock images (over the free images included in your package) will be invoiced at the end of the project and just prior to launching your site.

Your final balance payment much be made upon completion of your site (before going live) or within 31 days from the date that your initial deposit was made, whichever occurs first.

Total Site Management fees and other monthly fees are to be paid by way of monthly payment.

If you require Web Development Artistry to make changes to your site after your site is handed over to you, you will be required to pay for this work at the hourly rate or in accordance with Web Development Artistry standard prices as quoted. All work must be paid for upfront and will be quoted for on request.

Project Delays and Client Liability

Any timeframes or estimates that we give are contingent upon your full co-operation and complete and final content for the work pages. During the project 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 by the client and be made available on a daily basis in order to expedite the feedback process.

Warranty by you as to the ownership of intellectual property rights

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 harmless 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 its related software and contents for the life of the website.

Search Engines

We do not guarantee any specific position in search engine results for your website. We perform on-page search engine optimization according to current best practice.

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

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Web Development Artistry under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

Intellectual Property

All intellectual property rights (including rights in relation to patents, trademarks, moral rights, service marks, rights in design, database rights, application for any of these rights, copyright, trade or business names or other similar rights or obligations whether they are able to be registered or not in any country) in respect of any proprietary software owned or used by Web Development Artistry in the creation of your site or which are created (either now or in the future) by Web Development Artistry, or which result from the engagement of Web Development Artistry to create your site shall remain the property of Web Development Artistry.

This includes specifically all copyright in any design, code or document created or any discoveries made in the course of the creation of your site, which shall, upon creation, vest in and be the exclusive right and property of Web Development Artistry. Upon payment in full of all monies owing to Web Development Artistry, you shall be granted a license to use all such intellectual property however you acknowledge that the license does not constitute an assignment of any such intellectual property rights in any proprietary software either owned or used by Web Development Artistry.

Subcontracting

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

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

Ownership of Domain Names and Web Hosting

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

Cross Browser Compatibility

By using current versions of well supported content management systems such as WordPress, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

Contacting us

If you have any questions about this Terms and Conditions, the practices of this website, or your dealings with this website, please contact us at:

• Web Development Artistry
• info@webdevelopmentartistry.com

* This document was last updated on August 3, 2023.