By accessing or using our website and services, you agree to be bound by these terms and conditions. Please read these terms and conditions carefully before using our website or services.
Agreement
a. These terms and conditions (“Agreement”) constitute a legally binding agreement between you and Web Dev & Design LLC. (“Web Dev & Design,” “we,” “our,” or “us”) governing your use of our website and services. Website, located at webdev-design.com (the “Site”).
b. By using our website or services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use our website or services.
Services
a. We offer website development and design services, as well as ongoing maintenance and support. For website creation or extended projects, an initial payment is required to start the project. Depending on the length of the project or by mutual convenience, additional payments may be required at each project stage. Project stages and corresponding payments will be established in the contract. We also offer service contracts ranging from 6 months to 1 year, which include a set number of hours per month. Additionally, we offer service requests with no contracts at an hourly rate.
b. You may use our website to obtain quotes, place orders, and request services.
c. We reserve the right to change, suspend, or discontinue any aspect of the Site or the services provided by Web Dev & Design at any time, including the availability of any feature, database, or content.
Use of Our Website
a. You may use our website only for lawful purposes and in accordance with this Agreement.
b. You may not use our website: (i) in any way that violates any applicable federal, state, local, or international law or regulation; (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (iv) to impersonate or attempt to impersonate Web Dev & Design, a Web Dev & Design employee, another user, or any other person or entity; or (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our website, or which, as determined by us, may harm Web Dev & Design or users of our website, or expose them to liability.
c. We reserve the right to terminate or restrict your access to our website, without notice or liability, if we determine, in our sole discretion, that you have violated this Agreement or any applicable law or regulation.
Payment
a. Pre-Payment: You may pay for our services. Payment can be made by credit card. By placing a service request, you agree to pay the full amount of the service, including any applicable taxes, fees, and surcharges. The amount required will depend on the nature and value of the service.
b. Post-Payment: In certain circumstances, Web Dev & Design may offer post-payment options for some services. If post-payment is agreed by both parties, Web Dev & Design will invoice you for the service after it has been provided. You agree to pay the invoice within the time frame specified by Web Dev & Design. Web Dev & Design reserves the right to deny post-payment at its sole discretion.
c. Mixed or Gradual Payment: It is common that Web Dev & Design will elaborate contracts stipulating a Pre-Payment to start a project and, depending on the length of the project or by mutual convenience, one to several post-payments corresponding to the project stages. The initial payment, stages, and respective post-payments will be established in a service contract. You agree to pay every invoice related to the contract as the project stages advance until the project completion.
d. Disputed Charges: If you dispute any charge on your credit card related to a service, you must notify Web Dev & Design in writing within 30 days of the charge. Failure to notify Web Dev & Design within 30 days will result in your waiver of any right to dispute the charge.
e. All payments must be made in U.S. dollars.
Project Implementation
a. Costs estimates: Web Dev & Design will provide estimated costs for a project or a service, but the amounts are subject to change. Web Dev & Design will use commercially reasonable efforts to keep the services on the estimated cost amounts, but we do not guarantee that expenses related to third-party service providers will stay the same.
b. Project and service timeframe estimates: Web Dev & Design will provide an estimated implementation time for a project or a service, but the time frame is subject to change. Web Dev & Design will use commercially reasonable efforts to keep the service timing as initially estimated, but we do not guarantee that delays related to third-party service providers or missing resources or information from your side will not affect the implementation timing for a project.
c. Legal fees and third-party charges: Web Dev & design will provide assistance with the use of any technological tool or charges from the government, but we do not guarantee that services from third parties will be uninterrupted, or that service rates will not change, or that laws will stay the same. You are responsible for any fees, duties, or taxes assessed on the products or tools that we develop or design for you as well as any third-party charges not included in our contracts.
Liability
a. We are not liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of our website or services, including but not limited to lost profits, business interruption, or loss of data.
b. You agree to indemnify and hold Web Dev & Design and its affiliates, officers, directors, employees, and agents harmless from any claims, damages, or expenses arising from your use of our website or services, any violation of these terms and conditions, or any infringement of the rights of any third party.
c. You acknowledge and agree that Web Dev & Design is not responsible for any delays on projects/services or other issues caused by third parties involved in the process.
d. You acknowledge and agree that Web Dev & Design is not responsible for any loss or damage to you caused by your failure to comply with applicable laws or regulations.
e. You acknowledge and agree that Web Dev & Design is not responsible for any loss or damage to your website or properties caused by events beyond our control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
Intellectual Property
The Site and all content and materials on the Site, including but not limited to text, graphics, logos, images, and software, are the property of Web Dev & Design or its content suppliers and are protected by United States and international copyright laws. You may not copy, reproduce, distribute, or create derivative works from any content or materials on the Site without the
Cancellations and Refunds
a. Cancellations: You may cancel a project contract within 72 hours of acceptance, yet you will agree to pay for the hourly rate of service for any advance or time we spent on the project. After 72 hours, if you request the cancellation you agree to pay for the first stage of the project contract, and the initial payment to start the project will not be refundable. To cancel a contract, please contact us at [email protected].
b. Refunds: There are no refunds for any hours spent in service requests or contracts.
Governing Law and Dispute Resolution
a. These Terms will be governed by and construed in accordance with the laws of the state of Utah, without giving effect to any principles of conflicts of law.
b. Any disputes arising under or in connection with these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Utah.
c. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Modifications
We reserve the right to modify these terms and conditions at any time without notice. Your continued use of our services after any such modification constitutes your acceptance of the modified terms and conditions.
Severability
If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
By using the Web Dev & Design website and services, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.
If you have any questions or concerns about these Terms, please contact us at [email protected]. Thank you for choosing Web Dev & Design LLC!
