Terms and Conditions
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Terms and Conditions: These are the standard terms and conditions that apply to all web development/design services provided by Wes Designs.
Buyer (hereinafter referred to as “You”or “Client”).
Seller, Wes Designs, its officers, directors, and employees (hereinafter referred to as “Our”, “Us” or “We”).
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
For work to begin on your website, a 50% deposit of the initial fee is required. After a short questionnaire, we will present you with a number of themes (design options) for your websites. After you choose a style you are most comfortable with, we will begin work adding your content and making the website truly your own. From start to finish, websites usually take anywhere from a week to a few months depending on our availability and complexity of the project. Once the site is deemed to be approved (see approval section), the remaining half of the payment is due. From this point, additional changes to the site will come at an additional charge.
At Wes Designs, we communicate only through email. However, we try to be as quick and thorough with our responses to make sure we can communicate effectively.
We do not sell any hosting or domain services and only recommend them. Hosting and Domain services are completely independent of Wes Designs and must be purchased by you, the website owner. Hosting and domain services are not included in any of our plans. However, we will guide you through the process of selecting and configuring these services at no additional cost.
If not included in the purchased plan, premium themes and plugins must be paid for in full by the client. The website will be built to the specifications of the purchased plan and any additional features must be purchased separately. Additional costs may also include but are not limited to: graphics, hosting and domain services, etc.
Payments are made through PayPal which means you can pay using most major debit/credit cards. Before work to begin, we require 50% of the total fee. We reserve the right not to commence any work until the deposit has been paid in full. Prices are listed in U.S. dollars. The remaining 50% is due once the site is completed to reasonable satisfaction as stated in “approval of work”.
If you are not satisfied with our work, you may request a full refund if it is requested within 15 calendar days from the date of order.
Agreed Hourly Rate:
For projects and work not using a fixed fee, we will charge hourly. The agreed hourly work rate will be negotiated between the client and Wes Designs before work commences. Wes Designs reserves the right to change this rate periodically. The client will be informed in writing should this rate be changed during the terms of this agreement.
Supply of Materials:
You must supply all materials required by us to complete the website in relation to the agreed specification. Materials include but are not limited to, logos, photographs, and other written/printed material. Failure to supply materials delays the process and we reserve the right to extend deadlines (to a reasonable extent) and/or stop work.
Project Delays and Inaction:
Any time frames or estimates we provide in regards to completion of the project are contingent upon your full cooperation and final content for the work pages. During development, there is a certain amount of feedback required for progress to be made. We will not be responsible if the web design project remains largely unfinished or is delayed due to your own inaction, or by not approving design mockups, or by not requesting web design changes on time.
Approval of Work:
We will notify you once the work is completed. Within 7 days of the notification, any unsatisfactory points must be communicated in writing. Anything work that is not reported to be unsatisfactory within this period (in writing) is deemed to be approved. Once approved or deemed approved, work cannot subsequently be rejected and the contract is deemed to be completed. At this point, the remaining 50% of the fee is due.
If you reject any work within the 7 day review period and you fail to approve any corrections to this worked deemed unsatisfactory, we (acting reasonably) can deem your rejection of the work to be unreasonable and we can elect to mark the contract as complete.
We have the right to limit the number of design proposals for the site to a reasonable extent. We may require additional charges if you make a major change to the initial design specification.
At Wes Designs we have no set hours and are flexible to meet your needs. Generally, we are able to communicate quickly and work Monday-Friday, but the majority of the building of your site takes place on Saturday and Sunday. We can adapt our hours to suit your specific needs in getting your project done. However, our hours are subject to change and (although rare) we may be unavailable to work certain days. Regardless, your project will not be neglected.
We guarantee your website will work on major browsers such as: Chrome, Firefox, and Safari. Older browser versions and other minor browser applications do not have guaranteed compatibility. We ensure your website is as compatible as it is capable of, but we are not responsible for incompatibility on computers with outdated browsers and hardware issues.
We use our Search Engine Optimization ability to our fullest extent to try and make sure your website is as high ranked among search engines as it can be. However, with the constantly changing algorithms of major search engines, we can not guarantee exceptional results. This process often takes time, and it may take anywhere from a few weeks or months for SEO to reflect among search engines. We cannot guarantee a specific position on any search engine. Assume all risks with SEO services.
Services purchased from Wes Designs are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. Wes Designs is not liable for: loss or damage caused by any inaccuracy; loss or damage caused by omission; loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; or loss or damage to clients’ artwork/photos, supplied for the site, immaterial whether the loss or damage results from negligence or otherwise. In no event shall Wes Designs be liable to Client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website and/or services provided to Client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website and/or services provided to Client. The entire risk as to the quality and performance of the web design is with Client.
Right To Refuse:
Wes Designs reserves the right to refuse service to anyone for any reason not prohibited by law. We have the right to be free of acts or threats of disruptive behavior, abusive/offensive language including but not limited to coercion, intimidation, and harassment that affect our operation. No abusive communications are not tolerated in any form (email, phone, etc.).
You must own or have rights to all images and other material provided by you for use on the website. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.
By working with Wes Designs, you fully acknowledge and agree to the terms listed above.
Terms and conditions last updated 5/29/2018 at 12:29PM PST.