Last updated: April 23rd, 2021

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STANDARD TERMS AND CONDITIONS

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All contracts and previous work completed by Let'sWIX for customers are subject to these Website Design and Development Terms & Conditions.

 

By clicking "I agree" or making a Payment, you indicate that you have the ability to access, understand, and agree to all of the terms and conditions of this Agreement and agree to the use of this electronic means of contract acceptance in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).

 

DEVELOPMENT

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Unless otherwise stated, the current stable release of Wix HTML5 will be used to build this website, together with the standard Wix Elements (no Wix Velo/coding).

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BROWSER COMPATIBILITY

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It may take a lot of additional work to make a website compatible with a wide range of browsers (and browser versions & resolutions). It may also need making many variants of the code or web page. Let'sWIX guarantees that your custom-built website will display properly in all of the following browsers:

 

• Google Chrome

• Firefox 3.0 and up

• Safari

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OUR FEES AND DEPOSITS

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Once we get your instruction to go on with the website design and development work, we need a 50% payment of the total amount payable under our proposal. Subject to the conditions of the "approval of work" and "rejected work" clauses, the remaining 50% shall become payable when the work is finished to your reasonable satisfaction. We will hold off on starting work until the deposit is received in full.

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The 50% down payment is non-refundable unless we fail to provide the agreed-upon services. If development work has begun and you decide to cancel the contract or stop work for any reason other than our own, the deposit is non-refundable.

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SUPPLY OF MATERIALS

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You are responsible for providing us with everything we need to do the task per the agreed upon standard. Images, text, logos, and other types of printed media are all examples of what might fall under this category. If you are unable to provide us with these documents on time, we have the right to request a reasonable extension of any agreed-upon deadlines. Before beginning work on your project, you must turn in all necessary materials and information.

 

If you fail to provide the necessary supplies, we have the right to bill you for the work that has been accomplished up to that point.

 

VARIATIONS
 

We're happy to give you a chance to make changes to the layout. In the event that you want modifications to the initial design specification, we have the right to charge for new designs and restrict the number of revisions.

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We have a phase of website creation that is adaptable and can accommodate some deviation from the initial requirements. However, we will offer a price for the desired adjustments or charge you at the cost of $65.00 per hour for regular Wix Elements or $90.00 per hour for Wix Velo (code) if your changes significantly deviate from the specification.

 

PROJECT DELAYS AND CLIENT LIABILITY

 

We understand that meeting project deadlines relies on mutual cooperation and the timely provision of complete and final content for the work pages. In order to progress through the development phases, we require regular feedback. To facilitate this process, we kindly request that you designate a single point of contact from your side who can be available on a daily basis. It is important to communicate any potential delays promptly and in writing. In the event that we do not receive a response from you within a 7-day period starting from our initial contact attempt, we will consider the website project abandoned, and our obligations will be terminated. To resume work on the project, a 20% fee of the proposed total project amount will be required. Conditions beyond our reasonable control, such as natural disasters, government actions, power failures, fires, floods, acts of God, labor disputes, riots, acts of war, terrorism, and epidemics, may also affect project timelines.

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APPROVAL OF WORK

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Upon completion of the work, we will notify you, providing you with the opportunity to review it. If there are any unsatisfactory points, we request that you notify us in writing within 7 days of the notification. Any work that has not been reported as unsatisfactory within this review period will be deemed approved. Once approved or deemed approved, work cannot be subsequently rejected, and the contract will be considered completed. The remaining 50% balance of the project price will become due at this stage.

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REJECTED WORK

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If you reject any of our work within the 7-day review period, or fail to approve subsequent work aimed at addressing any reported unsatisfactory points, and we reasonably consider your rejection to be unreasonable, we reserve the right to terminate the contract and take appropriate measures to recover payment for the work completed.

 

PAYMENT

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Following the 7-day review period or your final approval of the work, we will issue an invoice for the final balance of the project. The final payment must be made within 2 business days of the site or service completion and prior to launching the site "live."

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LATE PAYMENT

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A monthly service fee of 1.5 percent, or the maximum allowed by law, will be applicable to all overdue balances. We require full payment, including all outstanding additional costs, expenses, fees, or charges, before granting any license to use or transferring ownership of intellectual property rights under this agreement.

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WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

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You are responsible for obtaining all necessary permissions and authorities for the use of any content, including copy, graphic images, registered company logos, names, trademarks, or other materials that you provide for inclusion in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

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PROJECT COPYRIGHT

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Once final payment has been made and any additional charges incurred have been settled, you will be assigned rights to use the Web Design Project perpetually. However, rights to photos, graphics, work-up files, and computer programs remain the property of their respective owners and are not transferred to the client. We and our subcontractors retain the right to display graphics and other web design elements as examples of our work in our respective portfolios.

 

WEBSITE CONTENT

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Website content includes textual, visual, or aural components that contribute to the user experience. It encompasses text, images, sounds, videos, and animations, among other things. It is essential for you to provide us with complete text and graphics, including text, copy, forms, legal disclaimers, privacy policies, terms and conditions, images, and graphics, in an easily accessible electronic format as soon as possible. You are responsible for providing all content in a timely manner. Please note that if you fail to provide the necessary content, the Web Design Project may remain largely unfinished or experience delays due to inaction. We may use temporary filler text or sample/filler images to keep the project moving forward and on schedule. However, we do not guarantee that these temporary elements are free of copyright restrictions. It is your obligation to ensure that all content (text, copy, forms, legal disclaimers, privacy policies, terms and conditions, images, graphics) is authorized for use. We offer copywriting services and can obtain licensing rights to non-royalty-free graphics/imagery at an additional cost.

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SEARCH ENGINES

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We do not guarantee specific positions in search engine results for your website. However, we will perform basic search engine optimization according to current best practices.

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CONSEQUENTIAL LOSS

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We shall not be liable for any loss or damage that you may suffer, which is directly or indirectly attributable to any delay in performance or completion of our contract, regardless of how that delay arises.

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DISCLAIMER

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To the fullest extent permitted by law, all terms, conditions, warranties, undertakings, inducements, or representations relating to the services we provide to you, except for the express provisions of these terms and conditions, are excluded. If any liability of Let'sWIX under any term, condition, warranty, or representation cannot be excluded by law, it will be limited, where permitted by law, to the replacement, re-repair, or re-supply of the services, or the payment of the cost of the services that we were contracted to perform.

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SUBCONTRACTING

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We reserve the right to subcontract any services we have agreed to perform for you as we see fit.

 

NON-DISCLOSURE

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We, including any subcontractors we engage, agree not to disclose your confidential information to any third party at any time.

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ADDITIONAL EXPENSES

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You agree to reimburse us for any requested expenses that are not included in our proposal, such as the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting, or similar expenses.

 

BACKUPS

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You are responsible for maintaining backups of your website data, and we will not be liable for restoring any client data or client websites unless such data loss arises from our negligent act or omission.

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GOVERNING LAW

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This agreement is governed by the laws of Aruba. You and Let'sWIXs submit to the non-exclusive jurisdiction of the courts in and of Aruba for any dispute arising under these terms and conditions or in relation to any services we perform for you.

 

E-COMMERCE

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You are responsible for complying with all relevant laws related to e-commerce. To the fullest extent permitted by law, you will hold harmless, protect, defend, and indemnify Let'sWIX and its subcontractors from any claim, penalty, tax, tariff, loss, or damage arising from your or your clients' use of Internet electronic commerce.

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SUPPORT SERVICES

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Within the first month following the completion of the site, we will provide up to 3 hours of support services at no additional cost to you. Support services include reasonable technical support and assistance to maintain and update the deliverables, including error corrections or deficiencies. Any additional support beyond this period will be billed on a time and materials basis at our standard rate. The services provided do not include enhancements to the project or any services beyond the scope of the initial proposal.

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THIS AGREEMENT

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This agreement, along with the project proposal, constitutes the entire understanding between Let'sWIX and the client regarding the Web Design Project. Any additional work not specified in this agreement or any amendments or modifications to this agreement must be authorized in writing and agreed upon by both parties. All prices specified in this contract will be valid for 3 months after both parties agree to the contract.

 

Continued services after that time will require a new agreement.

 

By agreeing to these terms and conditions, you acknowledge that you have read, understood, and accepted the terms outlined herein.