Terms of Service

These Terms of Service (“Agreement”) govern the use of the services provided by WDP (“Company”) to its clients (“Client” or “you”). By engaging in business with the Company, the Client acknowledges and agrees to be bound by these Terms of Service.

1. Services Provided:
   • Company will provide web design and development services as agreed upon in the project scope and proposal.
   • The scope of services will be outlined in a separate agreement or proposal, which will include details such as project timelines, deliverables, and pricing.
   • Any additional services requested by the Client, not included in the original scope, will be subject to additional charges and require a written change order.
2. Client Responsibilities:
   • The Client agrees to provide all necessary information, materials, and access to third-party accounts required for the project in a timely manner.
   • The Client is responsible for reviewing and approving all design, content, and functionality related to their project. Any delays in providing feedback or approvals may affect project timelines.
   • The Client is responsible for obtaining necessary licenses, permissions, and rights to use any copyrighted materials, including images, logos, or content, provided to the Company for inclusion in the project.
3. Intellectual Property:
   • The Client retains ownership of any original content, logos, or other materials provided to the Company for the project.
   • Upon full payment, the Client will receive a non-exclusive, perpetual license to use the completed website design and associated files, subject to any applicable third-party licenses.
   • The Company retains the right to display the completed project in its portfolio and marketing materials unless otherwise agreed upon in writing.
4. Payment Terms:
   • The Client agrees to pay the Company the agreed-upon fees for the services rendered, as outlined in the project scope or proposal.
   • Payment terms will be specified in the project scope or proposal, and all payments are due within the stated timeframe.
   • The Company reserves the right to suspend work or withhold project delivery until full payment is received.
   • In the event of project cancellation or termination by the Client, all payments made up to that point are non-refundable.
5. Confidentiality:
   • Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the project.
   • The Company will take reasonable measures to protect the Client’s confidential information, but cannot guarantee absolute security.

6. Limitation of Liability:
   • The Company will not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the services provided.
   • The Company’s total liability for any claims relating to the services provided will not exceed the total amount paid by the Client for those services.
7. Termination:
   • Either party may terminate this Agreement by providing written notice to the other party.
   • In the event of termination, the Client will be responsible for any outstanding payments due for services rendered up to the termination date.
8. Governing Law:
   • This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located.
9. Amendments:
   • The Company reserves the right to update or modify these Terms of Service at any time. Notice of any material changes will be provided to the Client.
   • Continued use of the Company’s services after such changes constitutes acceptance of the updated Terms of Service.
10. Communication and Support:
    • The Company will provide reasonable communication and support to the Client throughout the duration of the project.
    • The Client agrees to promptly respond to any requests for information, feedback, or approvals from the Company to ensure timely project progress.
11. Third-Party Services and Products:
    • The Company may recommend or incorporate third-party services, products, or software in the project, such as domain registration, hosting, or plugins.
    • The Client acknowledges that the Company is not responsible for the quality, performance, or support of third-party services or products, and any issues should be addressed directly with the respective third-party provider.
12. Dispute Resolution:
    • In the event of any dispute arising from or relating to this Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiations.
    • If the parties are unable to reach a resolution through negotiations, the dispute shall be resolved through mediation or binding arbitration in accordance with the laws of the jurisdiction specified in Section 8.
13. Indemnification:
    • The Client agrees to indemnify and hold the Company and its employees, agents, and affiliates harmless from any claims, damages, liabilities, or expenses arising from the Client’s use of the services provided by the Company, including but not limited to infringement of intellectual property rights or violation of applicable laws.
14. Force Majeure:
    • Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government regulations.
15. Entire Agreement:
    • This Agreement, including any attached project scope or proposal, constitutes the entire understanding and agreement between the Company and the Client, superseding any prior agreements, discussions, or representations, whether oral or written.
16. Severability:
    • If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
17. Waiver:
    • The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of that provision or the right to enforce it.
18. Assignment:
    • The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company.
    • The Company may assign or transfer this Agreement to a successor or affiliate without the Client’s consent.
19. Survival:
    • The provisions of this Agreement that by their nature extend beyond the termination or expiration of this Agreement shall survive and remain enforceable.
20. Relationship of the Parties:
    • The relationship between the Company and the Client is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties.
21. Notices:
    • Any notices or communications required under this Agreement shall be in writing and delivered to the respective party’s address as provided by the Client or the Company.
22. Acceptance of Terms:
    • By engaging in business with the Company, the Client acknowledges that they have read, understood, and agreed to abide by these Terms of Service.

These Terms of Service constitute a legally binding agreement between the Company and the Client. If you do not agree with any provisions outlined in this Agreement, please refrain from using the services provided by the Company. Should you have any questions or concerns regarding these Terms of Service, please contact us for clarification before proceeding.

By continuing to use the services of the Company, you acknowledge and agree to be bound by these Terms of Service.

 

End of Terms of Service.