Terms & Conditions
Wicked Websites Inc. – Terms and Conditions
Terms and conditions can also be found at http://www.wickedwebsites.ca/Terms
Wicked Websites Inc. “WWEB” will provide you with the following services:
WWEB will build you a custom website utilizing the features of the package selected, and utilizing any information and materials provided by you during consultation. WWEB shall develop and host the Website on a network server accessible by the Internet via an assigned URL Domain, and register the website URL with several World Wide Web Search Engines.
The website designs are will be based on a mutual discussion / consultation process. WWEB will place your company logo and company name and information in the designed areas of the website, and work with you to create any agreed upon pages, applications, graphics, and content. WWEB will update your website for you at no extra charge for up to 1 hour per month to make changes to the content of your website. All design modifications will be completed before the website goes online.
Upon completion of the design and consultation process, customer will be given a chance to request any modifications they desire before the website goes online. Once the website is hosted, the monthly fees will commence on that date, known as the “host date”.
- Monthly Fees and Other Terms Summarized as follows:
- Customer will pay the initial design and setup fee upon signing.
- Customer must pay the monthly fees for the services purchased for the term of the agreement from the date of notification that the website is completed herein defined as the “host date”.
- Customer will be given notification of the “host date” of the website by email after final consultation and design modifications, at which point the term of the agreement will begin, and the first month’s payment will be due one month after the “host date”.
- All rates do not include any applicable taxes.
- On any amounts not paid when due, Customer agrees to pay surcharge at 3% per month commencing after a grace period of the first 30 days.
- A $20 fee may be assessed for the following reasons: (1) suspension of service if payment is more than 1 month overdue (2) dishonored checks (3) denied or invalid credit card number.
- This agreement is effective as of the effective date and shall continue for the term stated above in the agreement starting on the “host date”; unless otherwise terminated by Customer. If Customer terminates, Customer shall pay WWEB an early termination fee of seventy-five (75%) percent of the then-current monthly fee for the remainder of the term.
- Upon cancellation, customer will receive a final bill reflecting the balance due for any remaining charges. Customer agrees to pay all fees incurred by Customer and billed to Customer via card, check, direct billing and/or third party billing arrangement. Direct billing is due upon receipt of invoice.
- WWEB reserves the right to suspend or terminate the Service with or without notice to Customer if WWEB determines, in its sole discretion that Customer has failed to comply with its obligations as set forth in this Agreement.
- After the term is completed, this agreement shall renew for successive six-month terms unless terminated by either party for any reason.
- WWEB shall attempt to reach a new agreement upon completion of the term, typically including a “redesign” of the website to keep it fresh and effective.
- Customer Responsibilities
- To provide WWEB with all information, data, text, music, sound, images, photographs, graphics, video, messages, tags, custom images (including, but not limited to, design, pamphlets, brochures, logos, and other images) and other materials “Content” in connection with development of the Website.
- To contact WWEB for all changes, modifications, and enhancements to the Website and/or Service starting from the effective date.
- To contact WWEB with notice of Customer’s decision to cancel or discontinue the Service starting from the Effective Date.
- To obtain Internet connectivity to access the Website, to send and receive e-mail, and to otherwise access and utilize the Internet.
- Customer will not share personal information obtained from website about visitors, with any third party without first obtaining such visitor’s consent.
- Providing current and updated contact information for WWEB’s use in contacting Customer concerning the Website.
- Customer represents to WWEB that Customer is at least eighteen years old and is responsible for supervising the activities of any under-age user.
- Customer will ensure that the Website content provided by Customer does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties.
- Customer will ensure the accuracy of materials provided to WWEB, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer.
- Services provided by WWEB will be provided on a “first opportunity” and an “as available” basis. WWEB’s entire liability and Customer’s exclusive remedy against WWEB for any failure of service under this Agreement, or the performance or nonperformance of any obligation under this Agreement, shall be limited to a refund of amounts paid to WWEB during the period of time that the Service contracted for were interrupted or not provided properly or continuously. The entire liability of WWEB and Customer’s exclusive remedy against WWEB for errors in the Website (other than those errors caused by Customer) shall be the correction of such errors upon notice from Customer.
- Website and Content Ownership
- As between Customer and WWEB, all Content provided by Customer to WWEB for inclusion to the website shall remain the sole and exclusive property of Customer. Customer acknowledges that all Content is owned by Customer or that Customer has a legal right to such Content. With the exception of Customer’s ownership interest as identified in the previous two sentences, ownership interest to the Website, including, but not limited to, the URL address, HTML coding, scripting, copyrights, domain name(s), and all other intellectual property rights, shall remain exclusively with WWEB.
- Buy-out Option
- Should customer wish to obtain the proprietary, copyright, and ownership rights to the Website, customer may purchase these rights to website from WWEB after the original term of the agreement, they may purchase it for (12) times the then-current monthly fee received by WWEB for the service, or an amount negotiated between customer and WWEB.
- Such ownership or proprietary rights assignment shall be limited to the actual the URL address, Website and its underlying HTML script or coding and materials as developed for Customer by Wicked Websites, but shall not include any rights to Wicked Websites’ software, trade secrets, methodologies, processes, proprietary functions, know-how, and all intellectual property including, but not limited to, all copyrights, trademarks, patents, and trade secrets related to Wicked Websites’ products or services, which shall remain the sole and exclusive property of Wicked Websites and its suppliers, affiliates, partners, and licensors.