Terms of Service
Webclutch is an online service operated by Bedford+Co LLC
We will always do our best to fulfill your needs and meet your expectations. The following agreement specifies the terms and conditions of the web design and web services we offer. We ultimately want this relationship to be beneficial for both parties, for both now and in the future.
What we provide for the subscription price of $80/month.
You are subscribing to receive the following services provided by Webclutch:
- Design a website – We build and design a single page with anchor link sections in the menu bar. All other pages added will be an additional $200 per page billed separately.
- Purchase and manage a domain and the DNS records
- Host and manage the website
- Provide security and backups
- Upload designs and content as needed
- Create and manage a Google Analytics account
- Create and manage a Google Search Console account
- Implement organic SEO
- Provide monthly analytic reports
- Privacy Policy Included
*We do not provide e-commerce solutions as a part of our monthly web subscription services. All design and integration for e-commerce is based off of a custom quote and billed separately.
What do both parties agree upon?
You: You have the authority to agree to our terms of service on behalf of yourself, your company, or your organization. You also agree to adhere to the payment schedule we set.
Us: We have the experience, skills, and ability to achieve all that we have agreed upon. We will do everything with professionalism and in a timely manner. We will endeavor to meet every deadline that is agreed upon by both parties. All information that you supply us with is confidential.
Web Design Services
We create look, feel, and atmosphere designs. We endeavor to create flexible layouts that adapt to the capabilities of many devices and screen sizes. We will use our skills and abilities to design your vision and goal for your website.
Text content
Our team will communicate and work with you to develop the best content based on the purpose of the website. In light of this, we ask that you provide text information in a timely manner.
Graphics and photographs
We will provide stock photography and image services when applicable. You may also request photos for the site for a separate price that is not included in the monthly subscription service. Otherwise, you will supply graphic files in an editable, digital format, and you will supply photographs in a high resolution digital format.
Responsive design testing
We endeavor to ensure that the website design and experience translates across all platforms (desktop, laptop, tablet, mobile). We test our work on relevant, industry standard devices to make sure that everything works and displays properly.
Changes and revisions
As part of our subscription service, we will make changes and revisions upon requests and direction given from you.
Legal issues
We will carry out our work in accordance with good industry practice standards that would be expected of a suitably qualified person with relevant experience.
That said, we cannot guarantee that our work will always be completely error-free. Since this is the case, we will not be held liable to you or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if you have advised us of them.
Your liability to us will also be limited to the amount of fees payable under this terms of service agreement and you will not be held liable to us or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if we have advised you of them.
Finally, if any provision of this terms of service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, web design, all graphic design elements, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourselves, or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we are using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we have obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you are using their intellectual property.
Website ownership
You will own the rights to the website domain URL upon first payment made to us, unless you have already purchased the domain under your personal name or business name. In regards to the purchase of the website domain, we will act as a third party to procure the domain.
As this is a subscription service, we will own the website design that we create for you, plus any visual elements that we create. After your subscritption has been active for 12 months, you will own the website design. Once you own the website design, we will continue to provide our services for $80/month.
You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We will own any intellectual property rights we have developed prior-to, or developed separately from this project, and not paid for by you. We will own the unique combination of these elements that constitutes a complete design and we will license its use to you under our subscription services, exclusively and in perpetuity for this project only, unless we agree otherwise.
Termination Conditions
As this is a monthly service, you may cancel anytime.
If you terminate your subscription with us, we will continue to own both the website design and website domain. We may use it for other purposes, unless a full 12 month’s of billing cycle has been paid by you. You will no longer be allowed to use the website design for any purposes whatsoever, unless you wish to purchase the website design by paying the full 12 month’s of billing cycles.
If we have acted as the third party to purchase the website domain URL and you wish to have complete ownership and management of the domain name, there will be a $50 transfer of ownership fee.
If you already own the website domain and did not transfer it to the ownership of Bedford+Co., Bedford+Co. will remove any designs created for the website under the ownership of intellectual property, unless you purchase the website design from Bedford+Co. by paying a full 12 month’s of billing cycles.
*For custom built websites, we charge for pages created. The “Home” page or the “landing” page, which is the first and primary page users see, is priced at $700. All other pages created are priced at $250.
Displaying our work
Displaying our work is important to us as designers. This being said, we reserve the right to display all aspects of our creative work, including sketches, mock-ups, work-in-progress designs, and the completed project on our portfolio and in articles on websites, magazine articles, and in books if that ever happens.
Payment details and payment schedule
We are sure you understand how important it is for a small business to have invoices paid promptly. As we are also sure you will want to remain friends, you agree to adhere to the following payment schedule:
We issue invoices electronically, with the option for automatic payments by credit/debit card, any to other online forms of payment. Our payment terms are 14 days from the date of the invoice created by the FreshBooks online payment system. All proposals are quoted in USD.
We reserve the right to charge interest on all overdue debts at the rate of 5% per month that goes past the payment due date.
If payments are not made by their due date, we reserve the right to stop all web services, web hosting services, the website domain if we acted as a third party, and all SEO services.
Conclusion
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
As this is a monthly service, this contract will remain in effect until the termination of this contract, or the terms of this contract have not been met.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under jurisdiction of laws of the State of California.