By accessing Websborough.com, by signing up for web design, digital marketing, SEO services, and by paying your invoices, you are agreeing to all of our Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with applicable local laws. If you do not agree with any of these terms, you are prohibited from using, accessing this website or our services. The materials on Websborough's website are protected by copyright and trademark law. We reserve the right to modify these terms and conditions at anytime.
Any images or videos submitted by a client will be posted as is. Our webmasters will not alter/edit image or videos if the quality is poor or if the image has a low resolution or miscellaneous issues. We accept high resolution JPG, Gif and Ping images. We recommend uploading images to google drive or Dropbox for best quality. You can also upload videos to YouTube and send us the link to embed into your website. Due to copyright infringement issues, we do not download or copy images from our client's social media pages to use on their website. The client is responsible for securing the legal photo usage consent forms, getting permission to use other people photos, and emailing social photos that they want to use on their website.
Website Images and Content:
Client understands, acknowledges, and agrees that they are responsible for providing their own content, products, videos, and images for their website. If the client does not have any original images, we will use filler images or stock images for client's website. If we have to purchase stock images for the client's website, the client will be billed for that purchase. If client does not have any original content for their website, our writers can create custom content for the client for a fee. Client will be billed for content writing services separately.
Client understands, acknowledges, and agrees that they are responsible for providing their own logo, website images, prices, and products list or full inventory list of all the products that they want on their website. Client is responsible for creating their own inventory list in CSV file, Excel or web designer recommended format and submitting their list of inventory with product variants to our team in a timely manner or as soon as their webmaster request information regarding their project.
Client understands, acknowledges, and agrees that their product inventory sheet should be submitted to the web design team in the format that the web designer requested. The web designer will provide a sample format via email for the client to use as a guideline. Client can email their product lists or upload it to their Google Drive or Dropbox and provide us with shared access so the web design team can retrieve their products list.
Client understands, acknowledges, and agrees that the web design team is not responsible for searching for client's products on the internet, retrieving or creating product lists and product variants from the clients business vendors, affiliates or third party websites. This is the sole responsibility of the client. If the client hires someone to help them create or modify their product inventory list or assist them with the creation of their own business files and content, the client is responsible for paying that person or company for their services.
We do not setup client's website payment gateways on ecommerce websites. Company policy prohibits us from having access to our client's financial information, in case of security data breach. Payment gateways include: Stripe, Square, Paypal etc.
Project Completion Timeframe:
After the client's website project is completed, the client has seven (7) days to review their website and request revision before their site goes live online. If the client does not submit any revision requests or approve their website to go live seven days after website completion, their project will be marked as "auto-complete" and no refund/credit will be issued. Outstanding balances will be due immediately. Ignoring our webmaster's emails or phone calls does not absolve our clients from paying outstanding balances on their accounts.
Client understands, acknowledges, and agrees that by hiring Websborough for services you are bound by this agreement and you agree to abide by our policies. Web design and development projects require extensive resources, consumes our time and incurs internal expenses. Therefore once a payment or deposit is made, it is non-refundable. If a project is cancelled, delayed or postponed by the CLIENT, then all monies paid will be retained by Websborough and if applicable, an additional cost will be charged to the CLIENT for all work completed beyond what was already paid for. No exceptions.
Client understands, acknowledges, and agrees that if they cancel, terminate, forfeit, or back out of their web design agreement and there is an unpaid balance or second or third installment payment on their account, the client is responsible for paying their remaining installment balance because they breached their agreement by cancelling their services instead of letting us do our job and complete their project.
The terms and conditions for each client will be outlined in the client's web design proposal and invoice agreement before we begin working on their project. Client understands, acknowledges, and agrees that if the client has an issue with their web design project they should contact the web design team and their project manager to discuss the issues and work things out civilly and amicably. The client understands, acknowledges, and agrees that by hiring Websborough for services you are bound by this agreement and you agree to abide by our policies.
Client understands, acknowledges, and agrees that once they pay their invoice in accordance with the terms and conditions of their web design agreement, they cannot demand that we perform more tasks, provide additional services for items that are not listed in their agreement, or request a full refund. If they claim that one of our employees made promises that are not listed in their binding agreement, the client has to show written proof of such promises. If no proof is submitted we will continue working on the client's project based on what they paid for as outline in their web design agreement.
Client understands, acknowledges, and agrees that ignoring our webmaster's emails or phone calls does not absolve the clients from paying outstanding balances on their accounts. If the CLIENT refuses to respond to our emails, fails to supply us with the required website content, images, product lists, and videos that we need to complete their web design project, then all monies paid will be retained by Websborough and if applicable, an additional cost will be charged to the CLIENT for all work completed beyond what was already paid for. No exceptions.
Client understands, acknowledges, and agrees that they will be notified via email after their webmaster complete their web design project with the limited or complete information they provided. Client will be asked to review their website and submit feedback or request revisions within a certain timeframe. If we don't hear back from the client within thirty days, if the client does not respond to their webmaster's email with information about their project or if the client does not submit the information requested within the allotted time frame their project will be marked as autocomplete and no refunds will be issued.
Client understands, acknowledges, and agrees that if he/she need to make revisions to their completed website, we will make three revisions before the website goes live. If the client does not want Websborough to redesign their website three (3) more times and he/she abandon the website or take their web design and digital marketing services elsewhere, no refund or credit will be issued to the account because our web designers completed the client's project and offered the client three (3) additional website revisions which the client refused.
Client understands, acknowledges, and agrees that if he/she abandons their project or fails to respond to our phone calls and email correspondence regarding website approval or revisions, their project will be marked "auto-completed" and no refund or credit will be issued to their account. If the client makes any changes to their website name, logo, domain, images, content or videos and does not submit these changes to Websborough within 30 days of website completion, their project will be marked "auto-completed" and no refund or credit will be issued to their account. If the client needs extra time to review their website and submit additional revisions or missing information, the client must notify their webmaster via email: firstname.lastname@example.org
There's a one time fee of $199 for project extension date for clients who did not submit any revision requests, missing images, relevant content or pertinent information that we asked for while we worked on their websites and after we completed their web design project and sent them website completion confirmation email.
If these clients wish to extend their project due date after our web developers completed their projects with the information they provided, they will have to pay the project extension fee or their projects will be marked "auto-complete" and no refunds or credit will be issued to their account. Our webmasters are committed to completing web design and digital marketing projects on time regardless of their hectic schedule or the client's busy schedule.
Website Maintenance, Website Revisions, and Website Updates:
Client understands, acknowledges, and agrees that after their web development project is completed, revisions must be submitted in writing by the client. Do not submit revision requests via telephone or text messages. Clients should submit a written and detailed description of new content, photographs or additional website revisions to our support team at: email@example.com
Client understands, acknowledges, and agrees that each website plan comes with a different set of site updates. If you did not purchase one of our combo plans (site updates + website maintenance) or a la carte website maintenance plan, your website will not be updated on a regular basis. Website updates does not include website redesign, change in architecture, theme change, addition/deletion of new website pages, adding/deleting inventory, pricing changes or changes to content, links, videos, and images etc. Updates typically include: site back-end updates that are necessary for a website to maintain an online presence on search engines and remain secure. Updates may include WordPress plugin updates, antivirus updates, software updates, app updates, webmaster tools, SSL Certificate, and search console updates.
Website Revisions and Website Updates are included in our Website Maintenance Plans. Site revisions include: addition and deletion of site pages, addition and deletion of website inventory/products, prices or promotional offers, site links, videos, images etc. If client need website redesign or change in theme, we will provide a quote and redesign services will be billed separately.
Any website revision that client submit will be posted to client's website "as it was submitted" without modification by our team. Revision Example: "Please replace terms and conditions with new terms and conditions information-see attached" This is one revision because we are only performing one task on one page. If client submit a list of revisions for different pages on their website, each task is considered a separate revision since we have to make several revisions on several different pages.
30-day complimentary website maintenance begins the day after the client's project was marked auto-complete or after the client approved their site to go live online. Clients can still submit revisions requests during this 30-day grace period after the 30-day grace period ends, we will bill clients on an hourly basis for additional services or revisions.
Number of Website Revisions Permitted After Website Is Completed:
Client understands, acknowledges, and agrees that if you did not purchase one of our month-to-month a la carte service (s) such as: Search Engine Optimization, Google Ads Campaign, Website Maintenance, Social Media Marketing etc., We allow up to three (3) revisions after your web design project is completed and before your site goes live online. If the client needs more than 3 revisions, additional revisions will be billed at $40/hr.
Client understands, acknowledges, and agrees that discounted Wix Arena website redesign service comes with one (1) revision after the website is completed or if we build you a new website at a half-off rate. Additional revisions will be billed at $40/hr. The client should submit revision request in one email with content, image (s) and videos so their webmaster can work on revision request at the same time. Be sure to let us know if you want to un-publish your site while we are working on your project.
For clients who purchased a month-to-month digital marketing, website maintenance, search engine optimization, Adwords or a la carte plan, we allow unlimited revisions after your web design project is completed and before your site goes live online.
Web designers are required to notify clients via email after their website project is completed; clients must respond to their webmaster email (s) within 96 hours or by the date (s) that were listed in the client's notification email. If client respond to email notification with revision requests within the allotted time frame, their webmaster will complete those requests within 96 hours. Otherwise, webmaster must notify clients of impending delays.
Upon completion of client's website revision (s), webmaster will notify the client of any changes/revisions that was done to their website and provide proof. Client must respond to webmaster's email within 48 hours or the web design project will be marked as "autocomplete". If the client need more time to review their website and submit additional revision, the client must notify their webmaster via email at: firstname.lastname@example.org
Client's website revision (s) are based on the website maintenance plan that the client purchased. For example, the Bronze Website Maintenance plan include up to 5 hours of website revisions. If client revision request exceed the allotted amount of time, the client will be billed for the overage. Client can upgrade their website maintenance plan at anytime. Client will be billed separately for custom projects that are not included in the website maintenance plans. Website maintenance plans are active and valid as long as the client's month-to-month subscription service is active and valid.
Website Quotes and Hidden Pages:
Search engine optimization and digital marketing quotes and fees are based upon the actual amount of current published website pages that the client has on his or her website. Like search engines, we cannot see hidden pages and will not perform seo or digital marketing services for pages that were not included in the original website redesign, seo or digital marketing quote.
For example: If your website contains 20 pages and you publish fifteen and hide five, we will give you a quote for the fifteen live pages that we saw when we visited your site and conducted an initial site audit. Hidden pages are hidden from search engines and us. If we login to your website and view the five hidden pages, we will only perform on-page seo, website redesign or digital marketing services for the fifteen published pages and not the hidden five that you plan on publishing in the future. If you need us to optimize the five hidden pages after you publish them, we will charge an additional fee for the additional work.
External Email Transfer Issues:
Websborough is not responsible for email transfer issues or any other email issues for pre-existing email accounts that were purchased from another domain reseller prior to signing up for Websborough's digital marketing and web design services. We will gladly assist with email accounts that were created by us.
Websborough is not responsible for independent online reviews that people leave on internet directories such as Yelp, yahoo, Bing, Facebook, Manta, Merchant Circle and Google. If you are unhappy with a customer review, we can help you craft an appropriate response. We recommend that you address all reviews, negative or positive in a professional manner. We will not contact these review websites and ask them to remove unfavorable reviews because they will not respond to such requests. Each review site determines which review they will publish or suppress.
Ecommerce Sales Reports:
We do not generate customer sales reports from client (s) ecommerce stores or payment gateway. Client is responsible for generating their own daily, weekly, monthly and annual ecommerce shopping cart sales reports from their stores or payment processing merchants. This activity falls under accounting and not digital marketing and web design.
Ecommerce Inventory List:
Clients are responsible for providing their own inventory list (s), available merchandise, updated CSV files with accurate list of products that they sell in their virtual stores. Inventory list should include the following and more: Product name, item number, (SKU Number), price, description of each product, color and size variants, ship time, customization options etc.
Websborough is not responsible for creating, updating and maintaining our client's ecommerce store inventories. We are not responsible for creating product names, product photography, sku numbers, product description, color and size variants etc. Clients should upload product photos to their Google Drive or Dropbox account for retrieval. We will not retrieve, copy or download client's product images from their competitors, social media or third party websites due to Copyright Infringement Regulations.
Search Engine Optimization:
Client understands, acknowledges, and agrees that Websborough has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer’s website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Some search engines and directories may take as long as 90 days, and in some cases longer, after commencement of plan to list and/or update customer’s website. Occasionally, search engines and directories will drop listings for no apparent or predictable reason. Websborough is not responsible for changes made to customer’s website by other parties that adversely affect the search engine or directory rankings of customer’s web site. SEO and marketing professional services require extensive resources, strategy, and consumes our time and incurs internal expenses. Therefore payments made for SEO and marketing services, are non-refundable.
In regards to the month-to-month website rental plan, admin access is granted to our webmasters, graphic designers and tech support team with limited access granted to some digital marketing consultants. Clients do not have access to our admin panel due to security & privacy protocol.
Clients who are part of the " Wix Arena Program" will have login credentials to their websites at all times. Clients who paid for their Wix or WordPress websites upfront, will have ownership access at all times because they own their websites.
Web Design Affiliations:
Client understands, acknowledges, and agrees that Websborough have affiliations with other web design companies, graphic designers, content marketers, print and digital advertisers, app builders, directory optimization providers, photographers, hosting companies and domain re-sellers like Godaddy, App builders, Wix, Squarespace, Weebly, Shopify, WordPress, Microsoft, Global Hunt, Infinity Pxl, Google, Yahoo, Bing, Wave, Paypal, Chamber of commerce, G-suite etc. We incorporate free and subscription apps into some of our content. Custom-built apps can be purchased separately from our affiliates or web designers. We collaborate/work with our affiliates, freelancers, and independent contractors on projects that require multiple personnel or advanced expertise.
At this time we only provide services to clients locally and nationally within the Continental US. We do not provide web design or digital marketing services to international businesses.
Industries That We Do Not Cover:
We DO NOT build or market websites that fall under these categories: Political, Funeral Homes, Hate Groups, Adult and Dark Websites.
Payments and Billing:
All payments to Websborough for your month-to-month digital marketing, hosting and search engine optimization must be made using means of payment that we may approve from time to time. We currently require payments be made by a major credit card (i.e., VISA & MasterCard). All payments must be made from a payment source on which you are the named Account holder. All payments are not refundable, for any reason.
You will be charged in arrears for the Services at the end of each month ("Billing Date"). If we do not receive the full amount of your service fees within 3 days of the billing date, a late payment fee of 5% will be added to your bill and immediately become due and payable.
Websites that are 5-days past due will be unpublished until payment + 5% late fee is received. You agree to pay us all reasonable attorney's fees and costs incurred by us to collect any past due amounts. Your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of the Services. We may change our fee structure at any time with thirty (30) days notice.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site. You waive your right to dispute any payment made into Your Account and you will bear all costs. Any attempt to defraud the Site through the use of credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of Your Account and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
Processing Of Account Payments:
Company may use third party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that company may give such instructions on your behalf in accordance with your requests as submitted on the Site. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these terms and the ESP's terms and conditions then these Terms shall prevail.
To provide continuous service, Websborough automatically renews all paid subscriptions upon expiration. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on). You acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellations & Refunds."
Cancellations for Month-to-month Social Media Marketing, Site Maintenance and SEO Services:
When your paid monthly membership plan begins, you will receive an e-mail receipt and confirmation of service. You must cancel within 24 hours to receive a refund. Thereafter, you may cancel your account at any time and you will not be charged further; however, you will not receive a refund if you cancel after the refund period. Submit all cancellation requests in writing and email it to: email@example.com
If client cancel their month-to-month membership after Websborough completes the following:
Competitor Analysis, Seo Research, Keyword Research, Digital Marketing Analysis, Demographic Research, Purchase stock images for the client's website, Create custom content, Create custom website and emailed/transfer the completed website to the client for review, no refund or credit will be issued to the account.
If the client cancel Websborough's digital marketing, SEO and website maintenance services all billing will stop before they next billing cycle and the client's account will be deactivated within 72 hours. In the event that the client wishes to reactivate their digital marketing services with Websborough at a later date, the client will be billed for their new/reactivated services. The account will be activated upon receipt of payment and re-acceptance of our terms and conditions.
What happens to my website if I don't renew my service?
Websborough's free websites are attached to the digital marketing packages (e.g Bronze, Silver, Gold) therefore, if the month-to-month plan/service becomes inactive due to non-payment etc., the website will become inactive (desktop and mobile). The client's website is active and valid as long as their digital marketing packages/services are active and valid. We can email website content and images to a former client before their website (desktop and mobile) is deactivated, if they request it via email before their website is deleted from our server. We reserve the right to transfer the inactive website to another domain and customize it for re-use.
This is not applicable to Wix or WordPress clients who purchased their websites upfront or who owned their websites prior to signing up for our digital marketing or seo services. For clients who own their websites, the à la carte service will discontinue, but your website will remain active after you cancel your seo, digital marketing, social media marketing or maintenance plans.
Stock images that we integrate into the client's website during initial design is the property of Websborough and not the client. We will transfer the former client's url to their Godaddy account and relinquish all rights to their domain. We charge a $59.99 domain transfer fee. All domain transfer requests must be submitted in writing to: firstname.lastname@example.org.
If Godaddy or another hosting company charges an additional site transfer fee, the client is responsible for paying this fee in order to complete the domain transfer process successfully. If the client built their website elsewhere before they signed up for Websborough's digital marketing services, they can revert to using their previous website, provided that they didn't delete it from their account. Former clients must find a different web design agency to build, host their website, and perform the necessary updates. Any business emails that were connected to the unpublished website may be deactivated as well.
Clients who sign up through WordPress or Wix Arena will still have access to their websites after their digital marketing service ends. They will be responsible for paying for their website hosting, site maintenance, email renewal, and domain renewal etc.
Wix Arena clients keep their paid directory listings, some online listings might be interrupted after service ends because we manually submit those for indexing. We will relinquish all admin access to client's website and delete all login information after their month-to-month SEO and digital marketing services end. Former clients are responsible for their own site maintenance, optimization, algorithm updates, social media updates, and directory optimization.
When does my month-to-month marketing service begin?
Websborough's digital marketing services begins on the day that you make your first payment. Your account becomes active immediately when you pay your first bill and we start working on your web design and digital marketing project. The website will not be completed on the first day you sign up for internet marketing services, but all the initial research and analysis that goes into building your website will take effect the same day you sign up for digital marketing, search engine optimization, and directory optimization services.
When is my next billing cycle?
30 days after the date that your account becomes active. For example, if you signed up for digital marketing services on the 4th of January, 2017 your next recurring payment is due on the fourth (4th) of February, 2017.
Do you have payment plans for digital marketing services?
We currently do not have any payment plans available at this time, but clients can use two different credit cards to split their payments. Our billing system is set up to automatically charge the credit card on file. The card that you used when you signed up for marketing services. If the client wish to use a different credit card for payments, contact our billing department or notify your digital marketing consultant of the impending change. We do not accept cash or checks.
What happens if I don't pay my invoice when it is due?
You have up to 5 days to pay your outstanding balance before we unpublish your website (desktop and mobile version) and deactivate your account. We reserve the right to charge a 5% late fee for unpaid services. Our billing department will contact clients who have an outstanding invoice.
How do I cancel my month-to-month service?
Please submit an official cancellation request via email to email@example.com. Requests must be submitted 14 days prior to the expiration of your current monthly plan to avoid being charged for the next billing cycle. For example, if your service is scheduled to be renewed on January 30th, 2017 submit your cancellation request on or before January 15th, 2017. Let us know if you would like us to email your website content and images before they are deleted from our server. Please provide your Godaddy login information so we can transfer your domain to your account.
What happens to my business listings after cancellation?
Some business listings such as: Google, Yahoo and Bing that were created by Websborough may become inactive after the former client's website is deactivated because it is a part of the month-to-month package/marketing plan. Pre-existing business listings, google maps, Bing and Yahoo that are attached to the former client's pre-existing website will remain active. (This is only applicable to clients who built their websites and set up their own listings before they signed up for Websborough's digital marketing services). Clients who signed up via WordPress or Wix referral program listings will remain active after their Websborough digital marketing services end.
Domain Ownership Status:
Our clients own their custom domain (s). After the client's digital marketing services end, we will relinquish all access to the former client's domain and transfer the url from our server to their Godaddy account so they can use their domain elsewhere. Websborough is not responsible for domain transfer fees, domain renewals, privacy renewals, site security renewals, email renewals, hosting, social media marketing, Google updates, directory optimization, email marketing, reputation monitoring, business reviews, blogs, image copyrighting, ecommerce shopping carts, gift card app, content update, Google indexing, Google analytics, Bing, Yahoo, mobile website updates, mobile website maintenance, site videos, password/logins, and ICANN Whois renewals after the former client's digital marketing services end and after we deactivate their account. The business owner is responsible for the renewal, hosting, and maintenance of their own unique domains upon termination of our services.
Client understands, acknowledges, and agrees that “Upon written request of either Websborough or client, any controversy or claim between or among the parties hereto including but not limited to those arising out of or relating to web design, digital marketing, or any related agreements or instruments executed in connection with web design and digital marketing, including any claim based on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the Federal Arbitration Act (or if not applicable, the applicable state law), the Commercial Arbitration Rules of the American Arbitration Association, and the “Special Rules” set forth below unless both parties, in their respective sole discretion, agree in writing to mediate the dispute prior to submitting to binding arbitration. In the event of any inconsistency, the Special Rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction.
The party that requests arbitration has the burden to initiate the arbitration proceedings pursuant to and by complying with the Commercial Arbitration Rules of the American Arbitration Association and shall pay all associated administrative and filing fees.”
If the client initiate's arbitration proceeding or hire an arbitration attorney, the client is responsible for paying for their own arbitration attorney fees, filing fees, administrative fees or any legal fees incurred during the process.
Client understands, acknowledges, and agrees that they will also be responsible for paying for Websborough's arbitration attorney fees, legal fees, filing fees, administrative fees or any legal fees incurred during the arbitration process because they were the ones who initiated the arbitration.
Terms and Conditions are effective as of September 1st, 2017